In early April, a Bergen County judge dismissed a construction defect complaint filed by a mammoth 40-story condominium complex known as the Palisades, located along the Hudson River in Fort Lee, based on the statute of limitations. While dismissal for
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 6
Class Recourse for Individual Home Owners Suffering from Construction Defects
Until now, owners of single-family homes were left to their own devices and resources in seeking redress for construction defects. Class suits were thought to be unavailable to homeowners despite their homes having been built by the same builder and…
Condominium Association Gets Big Win Against Developer for Consumer Fraud
n late 1998 Monroe Station Associates started construction on the Belmont, a seven-story, thirty-four unit condominium building in Hoboken, New Jersey.…
A Breakthrough in the Law Gives Similarly Situated Individual Home Owners Suffering from Construction Defects Class Recourse
Until now, owners of single-family homes were left to their own devices and resources in seeking redress for construction defects.…
Are Condominium Unit Owners Unconditionally Obligated to Pay Common Expense Assessments?
The short answer is – Yes! The Condominium Act specifically obligates all unit owners to pay a proportionate share of the common expenses. Even where a unit owner waives the right to use a common element or abandons the unit…
Recovering Damages Under the Statute of Repose
Under the statute of repose, no action to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property may be brought more than ten (10) years after the performance of “such…
How Does Equitable Tolling Affect the Running of the Statute of Limitations?
The doctrine of equitable estoppel prevents a defendant from asserting the statute of limitations as a defense when the defendant has engaged in conduct that was calculated to mislead the plaintiff into believing that it was unnecessary to file suit.…
How Transition Affects the Statute of Limitations Analysis
The novel nature of condominium ownership, specifically the transition process, affects the statute of limitations analysis. The Planned Real Estate Development Full Disclosure Act requires that the developer of a condominium staff the board of trustees of an association and…
How the Discovery Rule Affects the Statute of Limitations
In New Jersey, construction defect claims are subject to a six-year statute of limitations, N.J.S.A. 2A:14-1, which is subject to the discovery rule, and a separate ten-year statute of absolute repose, N.J.S.A. 2A:14-1.1, after which potential causes of action no…
Difference Between Statute of Limitations and Statute of Repose
Statutes of repose and limitations establish different types of deadlines for the assertion of claims. Statutes of repose begin to run at an identifiable time or event and allow a claim to be filed for a specific amount of time…