Posted On: February 13, 2007
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November 12, 2012 9:18 AM
Recovering Damages Under the Statute of ReposeUnder the statute of repose, no action to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property may be brought more than ten (10) years after the performance of “such services and construction.” -
November 5, 2012 9:57 AM
How Does Equitable Tolling Affect the Running of the Statute of Limitations?The doctrine of equitable estoppel prevents a defendant from asserting the statute of limitations as a defense when the defendant has engaged in conduct that was calculated to mislead the plaintiff into believing that it was unnecessary to file suit. -
October 29, 2012 9:35 AM
How Transition Affects the Statute of Limitations AnalysisThe novel nature of condominium ownership, specifically the transition process, affects the statute of limitations analysis. The Planned Real Estate Development Full Disclosure Act requires that the developer of a condominium staff the board of trustees of an association and control the affairs of the association until seventy-five percent of the units in the development are sold. -
October 22, 2012 9:28 AM
How the Discovery Rule Affects the Statute of LimitationsIn New Jersey, construction defect claims are subject to a six-year statute of limitations, N.J.S.A. 2A:14-1, which is subject to the discovery rule, and a separate ten-year statute of absolute repose, N.J.S.A. 2A:14-1.1, after which potential causes of action no longer exist -
October 15, 2012 3:23 PM
Difference Between Statute of Limitations and Statute of ReposeStatutes of repose and limitations establish different types of deadlines for the assertion of claims. Statutes of repose begin to run at an identifiable time or event and allow a claim to be filed for a specific amount of time... -
October 5, 2012 2:50 PM
How Can Homeowners Protect Themselves When Hiring Contractors for Home Improvements?All too often homeowners engage a contractor to perform certain home improvements and/or maintenance functions and end up in a fight with the contractor either over the work or amount of payment or both. -
March 23, 2012 9:45 AM
Construction Defect Plaintiffs: Be Aware of the Statute of ReposeGene Markin, member of Stark & Stark’s Construction Litigation Group, authored the article, Construction Defect Plaintiffs: Be Aware of the Statute of Repose, for the March 19, 2012 edition of the New Jersey Law Journal. -
February 9, 2012 11:48 AM
Buyer Beware of Defects in New ConstructionGene Markin, member of Stark & Stark’s Construction Litigation Group, authored the article, Buyer Beware of Defects in New Construction, for the January 30, 2012 edition of the New Jersey Law Journal. The article discusses why the remedy under the homeowner warranty program, may not be a remedy at all. -
February 1, 2012 8:08 AM
Trespass Actions Under the Tort Claims ActAn action for trespass arises upon the unauthorized entry onto another's property, real or personal. A trespass on property, whether real or personal, is actionable, irrespective of any appreciable injury. Under a trespass theory, a plaintiff may "assert a claim for whatever damages the facts may lawfully warrant." Thus, a plaintiff may claim damages from the loss in value to the land trespassed upon, as well as consequential damages such as property taxes and loss of profits. -
January 27, 2012 8:30 AM
When Can Individual Association Board Members Be Held Personally Liable For Actions of the Collective Board? Part 5A Board that acts in reliance upon advice of its experts and legal professionals cannot be held liable for negligence or breach of fiduciary duty if that advice turns out to be wrong.
