Recent Articles

New Jersey’s Consumer Fraud Act Applied to Home Improvement

December 24, 2008 19:18

In a recent unpublished decision under New Jersey’s Consumer Fraud Act, the Appellate Division in D. Wyatt Stone and Stone Foundation, LLC v. Kahr Properties, LLC, December 2008 App. Div. 09-2-2471), decided the appeal of a judgment in the Plaintiff’s...In a recent unpublished decision under New Jer...

Nevada Supreme Court Denies Builder's Request in "Stucco Case"

October 02, 2008 18:33

Last Thursday the Nevada Supreme Court denied attempts from Del Webb (a national builder of active adult communities) and their contractors seeking to limit the number of homeowners within a community from pursuing construction defect claims. The court stated that subsequent buyers of a home (in...

What every builder should know about the New Jersey Consumer Fraud Act

September 02, 2008 19:41

Every builder operating in New Jersey is most likely aware that our state has plaintiff-friendly laws in the context of construction defect litigation. Even so, the gravity of claims made against builders for alleged defects typically has a direct correlation to relatively known and controllable...

Claims may exist under Consumer Fraud Act whether or not direct contact occurred between consumer and violator of Act

July 21, 2008 14:26

Judge Louis Locascio of the New Jersey Superior Court recently ruled in the matter of Matera et. al. v. M.G.C.C. Group, Inc. et. al., Docket No. L-1812-04, that a cause of action under New Jersey’s Consumer Fraud Act exists where there is no direct contact between the parties but there is a c...

Municipalities Cannot Require Builders to Provide Common Open Spaces

July 03, 2008 15:41

The New Jersey Appellate Division ruled this month in two companion cases, New Jersey Shore Builders Association v. Township of Jackson, A-5805-06 (June 23, 2008) and Builders’ League of South Jersey v. Egg Harbor Township, A-1563-07 (June 23, 2008), that municipalities cannot require as a c...

Homeowner's Association Standing To Assert Without Joining the Homeowners

April 07, 2008 13:39

Donald B. Brenner, Shareholder and Chair of Stark & Stark's Construction Litigation group has authored the article Homeowner's Association Standing To Assert Without Joining the Homeowners for the March 24, 2008 edition of the New Jersey Law Journal.Donald B. Brenner, Shareholder and Chair of Stark...

$5 Million Verdict In Favor Of New Jersey Residential High-Rise Building

March 25, 2008 21:08

On March 11, 2008, in the matter of Camelot Condominium Association, Inc v. Dryvit Systems, Inc., pending before the Superior Court of New jersey, Docket No. BER-L-012457-04, a jury entered a verdict in favor of the Plaintiff and against Dryvit...On March 11, 2008, in the matter of Camelot...

Condo Association Equitably Estopped from Consumer Fraud Act Relief When Its Conduct Resulted in the Violation

March 04, 2008 20:34

After a condominium association president declined a contractor’s request to execute a written change order and directed the contractor to proceed with the additional work, the association was barred from seeking relief under the Consumer Fraud Act (“CFA”) (N.J.S.A. 56:8-1 to -167) provisions requi...

Property Owner Did Not Waive Arbitration Clause by Participating in Lawsuit

December 12, 2007 13:36

In an unpublished case, the Appellate Division recently affirmed the trial court’s decision that defendant property owner did not waive the arbitration clause of its AIA construction contract with plaintiff construction company by participating in plaintiff lawsuit for a year before invoking the a...

Consumers Cannot Waive Regulatory Requirement for Written Home Improvement Contracts

December 10, 2007 13:34

The Appellate Division recently denied a landscaping contractor’s suit to collect amounts due for extra work in addition to that called for in his contract for complete landscaping of the defendants’ home. Online Contracting, Inc. v. Tripucka, No. A-2622-06 (App....The Appellate Division recently de...