Donald B. Brenner
Shareholder dbrenner@stark-stark.com
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T: 609.895.7330
F: 609.896.0629
993 Lenox Drive
Lawrenceville, New Jersey 08648
Donald B. Brenner is a Shareholder in the Business Litigation Group at Stark & Stark and is Chair of the firm’s Construction Litigation Group. Mr. Brenner has broad experience in handling complex construction litigation on behalf of community associations, developers and other plaintiffs. Mr. Brenner is the co-founder of www.njconstructionlawblog.com. and www.NJEIFS.com.
Mr. Brenner has been involved in handling almost 200 construction litigation cases dealing with a wide panoply of issues including, but not limited to, water penetration through exterior insulation and finish systems; deficiencies in commercial and residential roofing systems including tile, EDPM, asphalt shingle, among others; leaks through or around windows and doors which are defective and/or deficiently installed; water infiltration through building penetrations and foundations; design and construction deficiencies in high-rise and mid-rise commercial and residential construction; structural failure of decks, balconies, plazas, steel, concrete, stick and panelized framing systems; deficient design and construction of fire suppression, plumbing and HVAC systems; deficient design and construction of sea walls and revetments; deficient design and construction of septic fields and sewage systems and deficient design and construction of roads and other site work.
Mr. Brenner has been lead counsel or co-counsel at trial of multiple complex cases including Camelot Condominium Association, Inc. v. Dryvit Systems, et al which resulted in a jury verdict in March, 2008 finding that Dryvit, the largest EIFS Manufacturer in the United States, violated the New Jersey Consumer Fraud Act. This verdict was the first of its kind in New Jersey
Mr. Brenner has been lead counsel or co-counsel in many condominium construction litigation cases which have settled at or shortly before trial. The terms of the settlements are confidential but a representative sample includes:
Mr. Brenner is presently lead counsel on numerous complex construction cases including, among others:
Mr. Brenner was also lead counsel or co-counsel in the trial of the condemnation of the Long Branch Pier in Long Branch, New Jersey. After trying the first set of liability issues to a favorable verdict, the damages portion of the case was settled at trial for $2,650,000.
Mr. Brenner speaks regularly at seminars on construction defect issues. He was also a contributing author to the book “Construction Law Client Strategies” (Aspatore Books, 2007) and is co-author of “New Jersey Construction Litigation” a treatise that is under contract to be published by New Jersey Law Journal Books. Mr. Brenner received intensive training in exterior insulation and finish systems at the Exterior Design Institute. He has been interviewed on television about EIFS and construction litigation issues and has been quoted on construction defect issues in the New York Times.
Mr. Brenner has been involved in handling almost 200 construction litigation cases dealing with a wide panoply of issues including, but not limited to, water penetration through exterior insulation and finish systems; deficiencies in commercial and residential roofing systems including tile, EDPM, asphalt shingle, among others; leaks through or around windows and doors which are defective and/or deficiently installed; water infiltration through building penetrations and foundations; design and construction deficiencies in high-rise and mid-rise commercial and residential construction; structural failure of decks, balconies, plazas, steel, concrete, stick and panelized framing systems; deficient design and construction of fire suppression, plumbing and HVAC systems; deficient design and construction of sea walls and revetments; deficient design and construction of septic fields and sewage systems and deficient design and construction of roads and other site work.
Mr. Brenner has been lead counsel or co-counsel at trial of multiple complex cases including Camelot Condominium Association, Inc. v. Dryvit Systems, et al which resulted in a jury verdict in March, 2008 finding that Dryvit, the largest EIFS Manufacturer in the United States, violated the New Jersey Consumer Fraud Act. This verdict was the first of its kind in New Jersey
Mr. Brenner has been lead counsel or co-counsel in many condominium construction litigation cases which have settled at or shortly before trial. The terms of the settlements are confidential but a representative sample includes:
1. $7,250,000 settlement at trial of a complex construction deficiency case against over 30 defendants involving claims relating to roofs, EIFS, stone and decks in a 125 unit condominium;
2. $3,000,000 settlement before trial of a complex construction deficiency case against over 20 defendants involving claims relating to EIFS, windows, doors, the sea wall, roofs, and structural damages to concrete decks constructed from concrete filigree slabs in a 50 unit condominium;
3. $3,000,000 settlement before trial of a complex construction deficiency case against 10 defendants involving claims relating to EIFS, the sewer system and fire suppression system in a 400 unit condominium;
4. $1,650,000 settlement at trial of claims against 6 defendants relating to EIFS, framing, the fire suppression system and structural issues in a 48 unit condominium;
5. $1,600,000 settlement before trial of claims against 8 defendants relating to structural issues, decks, roofs and EIFS in a 2 story, 7 unit condominium;
6. $1,390,000 settlement before trial of claims relating to deficient installation of stucco and stone on 69 single family homes;
7. $1,300,000 settlement before trial of claims relating to deficient installation of a brick exterior cladding system on a 6 story mid-rise building;
8. $1,000,000 settlement at trial of claims against multiple defendants relating to structural issues caused by severe site drainage deficiencies.
2. $3,000,000 settlement before trial of a complex construction deficiency case against over 20 defendants involving claims relating to EIFS, windows, doors, the sea wall, roofs, and structural damages to concrete decks constructed from concrete filigree slabs in a 50 unit condominium;
3. $3,000,000 settlement before trial of a complex construction deficiency case against 10 defendants involving claims relating to EIFS, the sewer system and fire suppression system in a 400 unit condominium;
4. $1,650,000 settlement at trial of claims against 6 defendants relating to EIFS, framing, the fire suppression system and structural issues in a 48 unit condominium;
5. $1,600,000 settlement before trial of claims against 8 defendants relating to structural issues, decks, roofs and EIFS in a 2 story, 7 unit condominium;
6. $1,390,000 settlement before trial of claims relating to deficient installation of stucco and stone on 69 single family homes;
7. $1,300,000 settlement before trial of claims relating to deficient installation of a brick exterior cladding system on a 6 story mid-rise building;
8. $1,000,000 settlement at trial of claims against multiple defendants relating to structural issues caused by severe site drainage deficiencies.
Mr. Brenner is presently lead counsel on numerous complex construction cases including, among others:
1. A construction design and deficiency case against 65 defendants involving claims totaling over $35,000,000 relating to structural failures of decks and interior structural framing, EIFS, roofs, fire suppression, plumbing, electrical and HVAC systems, the sea wall, concrete plazas, foundations, the garage slabs, and other issues;
2. A construction design and deficiency case for a 400 unit condominium against 25 defendants involving claims totaling approximately $10,000,000 relating EIFS, framing, and structural issues;
3. A construction deficiency case for a large condominium against 40 defendants involving claims totaling over $6,000,000 relating to exterior stone, EIFS and framing issues;
4. A construction design and deficiency case for a large condominium involving approximately $5,000,000 in damages for claims relating to roofs, EIFS, decks and structural failures;
5. A construction design and deficiency case involving millions of dollars in damages relating to a series of detention and retention ponds and other site issues.
2. A construction design and deficiency case for a 400 unit condominium against 25 defendants involving claims totaling approximately $10,000,000 relating EIFS, framing, and structural issues;
3. A construction deficiency case for a large condominium against 40 defendants involving claims totaling over $6,000,000 relating to exterior stone, EIFS and framing issues;
4. A construction design and deficiency case for a large condominium involving approximately $5,000,000 in damages for claims relating to roofs, EIFS, decks and structural failures;
5. A construction design and deficiency case involving millions of dollars in damages relating to a series of detention and retention ponds and other site issues.
Mr. Brenner was also lead counsel or co-counsel in the trial of the condemnation of the Long Branch Pier in Long Branch, New Jersey. After trying the first set of liability issues to a favorable verdict, the damages portion of the case was settled at trial for $2,650,000.
Mr. Brenner speaks regularly at seminars on construction defect issues. He was also a contributing author to the book “Construction Law Client Strategies” (Aspatore Books, 2007) and is co-author of “New Jersey Construction Litigation” a treatise that is under contract to be published by New Jersey Law Journal Books. Mr. Brenner received intensive training in exterior insulation and finish systems at the Exterior Design Institute. He has been interviewed on television about EIFS and construction litigation issues and has been quoted on construction defect issues in the New York Times.
Mr. Brenner is a member of the Forum on Construction Law of the American Bar Association and the Construction Law Section of the New Jersey State Bar Association. Mr. Brenner is admitted to practice in all state and federal courts in New Jersey and Pennsylvania and the United States Supreme Court.
In 2005, 2006, 2007, 2008, and 2009 Mr. Brenner was named a New Jersey Super Lawyer by New Jersey Monthly Magazine.
In 2005, 2006, 2007, 2008, and 2009 Mr. Brenner was named a New Jersey Super Lawyer by New Jersey Monthly Magazine.
Education
J.D., Rutgers University School of Law - Camden, 1982
Editor, Notes and Comments, The Rutgers Law Journal
B.A., State University of New York at Albany, 1979
Magna cum laude
Bar Admissions
New JerseyPennsylvania
3rd Circuit Court of Appeals
U.S. District Court, New Jersey
U.S. District Court, Eastern District of Pennsylvania
Professional Organizations
American Bar Association
Forum on Construction Law
New Jersey State Bar Association
Construction Law Section
Commerical Law Journal
Contributing Editor
Community Trends, the Community Associations Institute (CAI) magazine
Former Contributing Editor
The Lawyer's Advisory Council of the New Jersey's Banker's Association
Former Member
National Editorial Board of Advisers to Lender Liability News
Former Member
Published Articles
- Homowner's Association Standing To Assert Without Joining the Homeowners, New Jersey Law Journal, March 24, 2008
- EIFS Cases: Is it Preferable to Bring Them as Class Action Suits or as Individual Suits?, Journal of Community Association Law, 52, Vol. 6, No. 2, (2003)
- Consider Conflicts of Interest Before Representing A Developer and A Community Association, Journal of Community Associations Law, 51 (No. 2, 2000)
- Minority Shareholder Oppression Under the Business Corporations Act, New Jersey Law Journal, Vol. CLVII, No. 7, Index No. 641 (August 16, 1999)
- There Is a Developing Trend Among Courts of Making Choice of Forum Clauses in Franchise Agreements Presumptively Invalid, Vol. 102, No. 1, Commercial Law Journal (Spring, 1997)
- Attorney Negligence in Commercial Transactions: An Ever-Widening Spectrum of Liability, Vol. 101, No. 1, Commercial Law Journal (Spring, 1996)
- Vanished Collateral: Fifth Amendment Concealment, Banking Law Journal, October, 1995
- New Jersey Supreme Court Rules that Foreclosing Mortgages Are Subject to the Anti-Eviction Act in Residential Mortgage Foreclosure Actions, Vol. 100, No. 2, Commercial Law Journal (Summer, 1995)
- The Right of Access to Civil Courts Under State Constitutional Law: An Historical and Current Perspective, Vol. 13 Rutgers Law Journal 399 (1982)