Litigating Claims
So You’re Going to Get Deposed? Essential Tips for the New Deponent
Posted in Community Associations, Litigating Claims
Sitting in the “hot seat” for the first time can be a stressful and intimidating experience and especially so if there is significant money on the line. As a seasoned litigator, I have deposed more witnesses than I’d like to admit and have seen many witnesses struggle under the pressure… Continue reading
Pre COVID-19 Construction Cost Estimates Are Likely Outdated
Posted in Community Associations, Litigating Claims
In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows leak every time it rains, cracks have developed in walls, and sidewalks have sunken from improper soil… Continue reading
What’s Wrong With the Stucco on Our Buildings?
Posted in Community Associations, EIFS, Litigating Claims, Water Damage
Stucco is a product that has been in use as an exterior building cladding since the early 1800’s. It is made from Portland cement, sand and water. When installed correctly, stucco has been a reliable building material that looks good and allows incidental moisture infiltrating behind the stucco to be… Continue reading
Dealing with the Unexpected: Filing an Insurance Claim
Posted in Insurance Coverage & Liability, Litigating Claims
It’s that moment that no homeowner wants to have. You just returned from vacation and were in the midst of stowing the suitcases under the house in your crawlspace. As you were exiting the crawlspace, something caught your eye—a wet spot on the concrete slab floor. It wasn’t a puddle,… Continue reading
How You Can Mitigate Construction Disputes with Contractors
Posted in Insurance Coverage & Liability, Litigating Claims
Having construction work or renovations done on your home is certainly an exciting, but undoubtedly stressful time. In fact, the process from selecting a suitable (and experienced) contractor to completion of the project can be downright daunting at times. As a homeowner myself, who coincidentally is going through this very… Continue reading
Disney-Built Community Faces Serious Construction Deficiencies
Posted in Community Associations, Litigating Claims, Water Damage
The November 16, 2016 issue of the Wall Street Journal ran an article about Celebration, Florida, which is the master-planned community built by The Walt Disney Company in 1996. The title of the article summarized the state of affairs in Celebration as follows: “There Is Little Celebration in the Town… Continue reading
Lakeside at North Haledon Condominium Construction Defect Case Successfully Settled for $7.4 Million
Posted in Community Associations, Litigating Claims, News
Stark & Stark Shareholders Randy Sawyer and Andrew Podolski have successfully settled the Lakeside at North Haledon Condominium construction defect case for $7.4 Million. The case involved serious design and construction defect claims which caused damage to common elements from water infiltration through and around stucco, manufactured stone veneer (MSV)… Continue reading
Triggering the Protections of the Consumer Fraud Act with Breach of Contract
Posted in Case Studies, Litigating Claims
You hire an architect to prepare plans for the construction of a new home and a developer to execute those plans and physically construct the home. The plans require the testing of the underlying soil to confirm that the bearing capacity of the soil is adequate to support the weight… Continue reading
Insurers of General Contractors Can No Longer Hide Behind Business Risk in Refusing to Defend Their Insureds in Construction Defect Litigation
Posted in Case Studies, Community Associations, Insurance Coverage & Liability, Litigating Claims
Generally speaking, a contractor’s commercial general liability (“CGL”) policy is designed to cover personal injury or property damage caused by an accident resulting from the contractor’s work. The policy is not meant to be a guarantee of the contractor’s work and therefore does not cover damages to the work itself… Continue reading
Understanding the Relationship Between the Architect, General Contractor, Subcontractors and Building Inspector for Construction Defects
Posted in Litigating Claims
Unitowners in condominium associations and homeowners in homeowner associations are often confused about the legal responsibilities of design professionals, general contractors, subcontractors and municipal building officials and building inspectors regarding construction of their homes. This blog is intended to briefly clarify and explain the relationship among these various people and… Continue reading