Partner Gary Strong and Associate John Burns Successfully Defend Contractor in Construction Defect Action in New Jersey Superior Court
Partner Gary Strong and Associate John Burns were successful in a recent motion for summary judgment in a construction defect action in New Jersey Superior Court, based on New Jersey’s Statute of Repose. The client was alleged to have performed defective stucco work at the south side of a certain residential building, as well as on other buildings within the project. The client completed its work on this building in 2009 but Plaintiff did not sue until 2020. They argued that because client’s work was completed more than ten years after client was brought into the case, New Jersey’s Statute of Repose barred the claims against client despite the fact that our client performed work on other aspects of the project within the Repose period. The Court agreed, holding that client’s contract for this work with the Developer was to be considered separate and apart from other aspects of its work.
More importantly, the Court held that replacement of an entire side of the building constituted an ‘unsafe condition’ as defined by the Statute of Repose. Specifically, the Court stated “[t]he alleged deficient construction work on the south-facing façade which is alleged to be one of the causes of structural compromise, leaking, and property damage cannot be described as anything other than an unsafe condition.” Click here to read the Order and Statement of Reasons.