Purchasing a new construction home is an exciting endeavor. Once all the design options and custom changes are finalized, the wait begins. While all builders discourage purchasers from visiting the construction site, most builders will accommodate requests for walkthroughs. It
Construction & Transition Litigation Law Blog
The Construction & Transition Litigation Law Blog, published by Stark & Stark, focuses on legal issues related to construction defect litigation and community association transition disputes. It covers topics such as strategies for managing transition litigation following control transfers in community associations, expert witness roles in construction defect cases, updates on construction cost estimates, and legislative developments affecting construction liability insurance. The blog also provides practical guidance for depositions and litigation tactics, emphasizing the importance of experience, fee structures, and tailored legal approaches in construction and transition-related disputes. It serves as a resource for attorneys, community associations, and property managers involved in construction and transition litigation matters.
Latest from Construction & Transition Litigation Law Blog - Page 5
What Prospective Homebuyers Should Look for When Evaluating Homes to Purchase
Buying a home is one of the most rewarding, yet potentially costly, life experiences. Construction takes months, sometimes years, and despite the existence of building codes and municipal oversight, mistakes happen. Due to the concealed nature of construction (e.g. important…
The Need-to-Knows of Living in a Condominium Development – Part One: The Public Offering Statement
No matter whether you are a first time home buyer or veteran repeat purchaser chances are you have been mentally preparing for the deluge of paper that accompanies this major purchase. The sheer magnitude of documents is understandably overwhelming. Document…
Federal Court Remands Insurance Coverage Construction Issues For Disposition In Pending State Court Action
In a recent decision in Kane Builders, Inc. v. Continental Casualty Company, the United States District Court in New Jersey remanded back to state court the determination of whether Continental owed the builder defense and indemnity in connection with an…
Ambiguities in Insurance Policies Must be Interpreted in Favor of the Insured
It is no secret that insurance policies are famous for containing convoluted language. The average insured likely has no clue what is and is not covered. Little solace can be found in referring to the conspicuous “Definitions” section; ultimately no…
Understanding the Relationship Between the Architect, General Contractor, Subcontractors and Building Inspector for Construction Defects
Unitowners in condominium associations and homeowners in homeowner associations are often confused about the legal responsibilities of design professionals, general contractors, subcontractors and municipal building officials and building inspectors regarding construction of their homes. This blog is intended to briefly…
Judicial Panel on Multidistrict Litigation Assigns Multiple Putative Class-Action Suits Over Faulty Outdoor Decking to US District Court
On January 7, 2015, the Judicial Panel on Multidistrict Litigation (JPML) ordered that six putative class-action lawsuits stemming from Colorado, Illinois, Indiana, Iowa, North Carolina and Ohio will be venued and centralized in the U.S. District Court for the District…
New Jersey Court Addresses Affidavit of Merit Statute in Recent Opinion
A New Jersey appellate court recently issued a reported opinion in Hill International v. Atlantic City Board of Education, addressing whether an affidavit of merit issued by an engineer, addressing the conduct of a defendant, architect, was sufficient in order…
Fate and Fortune: Unauthorized Acts of the Board Cannot Be Challenged by Non-Owner Third Parties but Can Be Retroactively Cured by the Membership
In a decision that has renewed the faith of condominium law practitioners in our state’s judicial system, the New Jersey Appellate Division recently issued a strongly worded opinion in Port Liberte II Condo. Ass’n v. New Liberty Residential Urban Renewal…
Creative Collection Solutions: The Rewards and Challenges of Rent Receivership
Every day condominium associations battle delinquencies and employ creative strategies for collecting unpaid assessments. Sometimes ambitious collection efforts are successful – sometimes not. One aggressive strategy employed by associations is the appointment of a rent receivership for a vacated or…