Cases
Significant Representative Matters: Successfully argued before the Supreme court of New Jersey in defense of a general contractor defending allegations of construction defect brought by a subsequent condominium association owner. The Supreme Court held that a construction defect lawsuit must be filed within six years from when the building's original or subsequent owner first knew or, through the exercise of reasonable diligence, should have known of the basis for a cause of action. A subsequent owner st
s in no better position than a prior owner in calculating the limitations period. If a prior owner knew or reasonably should have known of the basis for a construction defect action, the limitations period began at that point. If the building's owner knew or reasonably should have known of construction defects at the time of the sale of the property, the purchaser takes title subject to the original owner's right -
any limitation on that right - to file a claim against the architect
contractors. Thus, a subsequent owner will st
in the shoes of a prior owner for statute of limitations purposes.
Successfully argued before the Supreme Court of New Jersey on behalf of a major amusement park owner resulting in the seminal Supreme Court decision on the allocation of liability on behalf of the client as against a sovereign entity that was dismissed from the case due to the plaintiff's failure to add the sovereign as a direct defendant prior to the expiration of the notice provisions of the torts claim act. Based on our representation, the jury would be instructed to allocate liability for the sovereign's negligence thus offsetting any potential negligence against the client
Represented
successfully resolved a $10 million plus claim brought by a railroad company alleging damage to a bridge as the result of a dam removal
stream restoration project. The matter involved the assertion of design deficiency claims involving geotechnical
hydrological investigation
the means
methods of construction implemented by the general contractor.
Represented a large general contractor in over ten construction defect cases involving high rise condominium
apartment complexes brought by condominium associations
owners.
Successfully represented a solar energy contractor in a breach of contract suit involving the installation of solar panels on numerous public schools in the State of Hawaii, isl
s of O'ahu
Kauai. The matter was tried for over three weeks heard by a three person binding arbitration panel. After the conclusion of our case in chief, the plaintiff accepted a settlement upon client's terms.
Successfully tried engineering malpractice claim where the dem
was $1.3 million by proving client's design was altered
not the proximate cause of community wastewater treatment facility's failure.
Successfully settled multi-plaintiff burn
personal injury case by orchestrating a settlement fund with equal contributions by multiple defendants, thus, capping catastrophic exposure
resolving liability among defendants.
Successfully settled multimillion dollar claim by high-rise condominium owners by way of mediation.
Successfully resolved multi-plaintiff burn case by way of mediation
use of extensive experts to reduce potential liability.
Successfully resolved wrongful death construction case
convinced mediator that general contractor client was the least culpable of all defendants.
Amicably resolved $25 million burn claim through negotiated settlement in multiple defendant litigation wherein we represented design professional who contributed to the design of a hydrogen furnace which exploded. Obtained settlement through small contribution by establishing limited liability for proximate cause of the accident.
Representative Matters: Obtained summary judgment for a developer
general contractor in a construction defect case. The plaintiff, a homeowners association, sued multiple parties seeking $2.5 million in damages related to water infiltration due to the allegedly negligent installation of roofing, exterior cladding, windows, doors, railings
decks. We also represented several previous developer/association board members who were sued individually. Prior to filing suit, the plaintiff filed a claim with the state of New Jersey under the Home Owners Warranty program.
Obtained a defense verdict on behalf of a defendant engineering firm in a two week jury trial alleging negligence in the design of a subsurface disposal field.
Obtained dismissal of a negligent design claim against a design professional, after a three day Evidentiary Hearing (Lopez hearing) to establish the accrual date for the applicable Statute of Limitations.
Published Works: Additional Insured Status of Design Professionals, Defense Digest, Vol. 4, No. 3, 1998
Proceedings of the 42nd Annual Meeting of Invited Attorneys
