Construction Litigation Law Blog
Covers community associations, Exterior Insulation and Finish Systems, construction litigation and construction news.
Author: Cynthia N. Scharf is an associate and Christopher R. Geary also practices at the Lawrenceville, N.J., office of Stark & Stark. The firm also publishes Traumatic Brain Injury Law Blog and Nursing Home Law Blog and New Jersey Law Blog.
Blawg Related Categories: Trials & Litigation • Associate • Construction Law
Recent Posts from Construction Litigation Law Blog
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Municipalities Cannot Require Builders to Provide Common Open Spaces
The New Jersey Appellate Division ruled this month in two companion cases, New Jersey Shore Builders Association v. Township of Jackson, A-5805-06 (June 23, 2008) and Builders’ League of South Jersey v. Egg Harbor Township,…
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Homeowner's Association Standing To Assert Without Joining the Homeowners
Donald B. Brenner, Shareholder and Chair of Stark & Stark's Construction Litigation group has authored the article Homeowner's Association Standing To Assert Without Joining the Homeowners for the March 24, 2008 edition of the New…
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$5 Million Verdict In Favor Of New Jersey Residential High-Rise Building
On March 11, 2008, in the matter of Camelot Condominium Association, Inc v. Dryvit Systems, Inc., pending before the Superior Court of New jersey, Docket No. BER-L-012457-04, a jury entered a verdict in favor of…
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Condo Association Equitably Estopped from Consumer Fraud Act Relief When Its Conduct Resulted in the Violation
After a condominium association president declined a contractor’s request to execute a written change order and directed the contractor to proceed with the additional work, the association was barred from seeking relief under the Consumer…
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Property Owner Did Not Waive Arbitration Clause by Participating in Lawsuit
In an unpublished case, the Appellate Division recently affirmed the trial court’s decision that defendant property owner did not waive the arbitration clause of its AIA construction contract with plaintiff construction company by participating in…
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Consumers Cannot Waive Regulatory Requirement for Written Home Improvement Contracts
The Appellate Division recently denied a landscaping contractor’s suit to collect amounts due for extra work in addition to that called for in his contract for complete landscaping of the defendants’ home. Online Contracting, Inc.…
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Gehry - Construction Defects are Inevitable
World famous architect Frank Gehry, and his firm Gehry Partners is a defendant in a recent lawsuit brought by the Massachusetts Institute of Technology alleging design and construction defects in a $300 Million building on…
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Builder's Risk Policy Does Not Cover Damage to City Sewer Pipe
Plaintiff WHP9, the developer of a multi-building residential project in North Bergen, secured a builder’s risk policy from defendant Centennial Insurance and liability insurance from another carrier before beginning construction.
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Appellate Division Enforces Terms of Association’s Insurance Policy
In an unpublished decision, the Appellate Division recently enforced an insurer’s duty to indemnify and defend a condominium association for damages resulting from an occurrence during the policy period even though they were not discovered…
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New Jersey Federal Court Declines to Hear Minnesota Insurance Coverage Dispute.
Judge Noel L. Hillman of the United States District Court for the District of New Jersey, sitting in Trenton, recently dismissed a case before her on the grounds that the New Jersey court was an…