Appellate Division Affirms Discharge of Improperly Served Construction Lien

In a recent decision, Santander Condominium Association, Inc. v. AA Construction 1 Corp., A-0525-15T3 (App. Div. Oct. 13, 2017), the Appellate Division confirmed that construction liens that do not strictly comply with New Jersey’s Construction Lien Law (“Lien Law”), N.J.S.A., 2A:44A-1 to -38, are subject to discharge, and the lienor subject to owner(s)’ attorneys’ fees. […]

New Jersey Supreme Court Clarifies Statute of Limitations in Construction Defect Cases

Co-authored by Timothy DeHaut In The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, ___ N.J. ___ (2017), the plaintiff was the Condominium Association that brought suit based upon defects in the condominium building after the Association took over control from the Sponsor and after the Association obtained its own engineering […]

COURT REJECTS AUTOMATIC APPLICATION OF “TIME OF FILING” RULE IN BUILDER’S REMEDY LITIGATION

Developers who bring builder’s remedy lawsuits under New Jersey’s Mount Laurel doctrine often cite the so-called “time of filing” rule.  The contention is that in determining whether a municipality is compliant with its affordable housing obligations, the court must base its decision on the zoning ordinances in effect at the time the developer initially filed […]