Construction Litigation
The Construction Litigation Group consists of more than twenty attorneys and paralegals plus numerous support staff. State of the art facilities, including our own mock trial courtroom, allow our attorneys to develop and prepare cases at the highest level. The Group has broad experience representing community associations.
The Group has particular expertise in litigation involving deficiencies relating to Exterior Insulation and Finishing Systems (EIFS), roofs, mold, wood siding, thin brick cladding systems, fire suppression systems, filigree slab systems, structural failures, HVAC and other mechanical systems, sanitary sewer systems, sea walls, reserve deficiencies, professional malpractice, breaches of fiduciary duty by Builder-Sponsors and Boards of community associations, as well as issues arising under the Consumer Fraud Act, the Planned Real Estate Development Full Disclosure Act, the New Jersey Condominium Act, the Homebuilders Warranty Act and the Products Liability Act.
Donald B. Brenner, chair of the Group, has over 20 years of litigation experience and has substantial training in the technical aspects of various construction deficiencies. Mr. Brenner has been quoted in the New York Times and has appeared on WABC’s Eyewitness News and on the CBS Evening News with Dan Rather. Mr. Brenner has been named as a “New Jersey Super Lawyer” every year that this honor has been awarded. In addition, Shareholder John Randy Sawyer has substantial experience handling complex construction litigation cases. Mr. Sawyer is uniquely qualified to handle EIFS cases since, in addition to being an experienced trial attorney, he is certified as an EIFS inspector by the Exterior Design Institute. Mr. Brenner and Mr. Sawyer have both written and lectured extensively on construction litigation and transition issues. They are the co-founders of and The Construction Litigation Law Blog and NJEIFS.com.
Services
- Settled for just under $3 million a complex transition/construction litigation case against Kushner Companies, Westminster Communities and many subcontractors and material suppliers for a 50-unit condominium complex at the Jersey Shore. The complex’s 50 units are worth approximately $500,000 to $1,400,000 each. The buildings suffered substantial damage from water penetration including mold.
- Settled for $3 million a complex, multi-million-dollar EIFS-related construction case. The clients owned over 300 units in a townhouse development in Northern New Jersey. All of the townhouses were clad with STO-manufactured EIFS on all sides. The units were three to five years old and none were showing visible signs of trouble. Moisture probe readings, however, revealed significant water penetration behind the EIFS, which is now being replaced.
- Recently settled a case for $760,000 against the manufacturer, architect, builder, and the EIFS installation subcontractor on behalf of the owner of a 7,000+ square-foot home in Monmouth County, New Jersey. The home was covered with Energex-manufactured EIFS on all sides and was infested with carpenter ants (which feed on the EPS board attached to the OSB Board sheathing). Moisture probe readings as high as 99.9% were registered in multiple locations around the home and there was damage to the structural framing.
- Recently settled for $1,650,000 a case for a condominium association with a six story mid-rise building suffering significant framing damage and mold caused by water penetration due to faulty design and construction.
- Filed suit on behalf of the community association that owns 50 condominium buildings containing over 120 condominium units clad with barrier and drainable EIFS that are worth over $1 million each. All buildings will have to be stripped and reclad. There are serious construction and design deficiencies affecting roofs, windows, decks, grading and drainage. The aggregate claim exceeds $21 million.
- Recently took over as successor counsel in a case in which we represent a luxury condominium consisting of approximately 80 units ranging in value from $1.5 million to $5 million each that are clad with a drainable EIFS that was improperly applied. There is already substantial water penetration into the substrate despite the fact that the buildings are less than 4 years old. There is substantial mold and structural damage. The claims total over $24 million and also include claims relating to roofs, HVAC, electrical, sea wall, windows, doors, concrete plazas, fire suppression and sanitary sewer systems and collapsing decks.
- Recently filed suit on behalf of a luxury high-rise condominium that is clad with EIFS panels mounted on steel framing. There is so much water getting behind the EIFS that there is substantial structural damage and mold. The cost to remediate the building is going to be in excess of $10 million.
- Representing an association that owns a 6-story high-rise building clad with “thin brick” which is a defective product and is improperly installed. There is massive structural damage and tremendous mold growth inside the cavity between the thin brick and the dry wall. The case was settled recently for approximately $2 million.
- Representing an association that owns an 8-story high-rise condominium building clad with a barrier EIFS system. There is heavy damage to the structure of the building from water penetration. The cost to tear off the EIFS , fix the structural damage underneath and re-clad the building is expected to exceed $8 million.
- Recently filed suit for a condominium association that has two buildings clad with EIFS. One building is clad with a barrier system and the other has a drainable system. The building with the barrier system has massive water penetration that has caused enormous damage to the sheathing and structural framing and mold growth throughout the building. The building is being evaluated now to determine the extent of the damage. It is estimated that the cost to repair the building will exceed $2 million.
- Represent a condominium association with 16 buildings and 96 units in which there are significant fire and safety code violations. As a result, most of one building was destroyed in a fire. The buildings are also suffering from significant damage caused by water penetration through vinyl siding and roofs that were defectively installed. The case is valued at approximately $10 million.
- Represent a homeowners association in a 1000-plus unit community that has severe damage caused by negligent site work, negligent construction of roads, the irrigation system for the entire 16 square mile site and the deficient installation of stucco on the exterior facades of the clubhouse and other buildings. The case is valued in excess of $8 million.
- Represent a condominium association that owns 100 units in 27 buildings that are experiencing sever water penetration. This has significantly damaged sheathing and framing and has caused mold. This case is valued at approximately $3 million.
- Handling several significant cases involving deficient installation of stucco. We represent a 69-unit subdivision of single family homes clad with stucco on the front exterior elevation only. These homes have been stripped, the damage to their substructure has been repaired and the homes were then reclad at a cost of approximately $1.7 million.
- Represent a 21 unit single-family home subdivision clad with EIFS on the front exterior elevation only. It is expected that the EIFS on all of these homes will have to be stripped so that damage to the substrate can be repaired. It is expected that the cost to remediate these homes will be approximately $35,000 per house or a total of $735,000.
The Construction Litigation Group has relationships with an extensive array of leading experts including renowned forensic architects, engineers, mold experts, certified industrial hygienists and accountants, Building Code Officials, repair contractors, certified EIFS installers, inspectors and wood experts, among many others.
These relationships enable the Group to quickly assemble the right team to efficiently manage our litigation matters and effectively present our client's strongest case.
Legal Briefs on Construction Litigation
