Posted On: July 5, 2007 by New Jersey Legal Update Podcast

When Transition Negotiations Breakdown - Part 4

This is part four of a seven part series by Donald B. Brenner, Chair and Shareholder of Stark & Stark's Construction Litigation Group. This series will discuss what happens when your transition negotiations with your developer sponsor breakdown, and you are forced to commence with litigation.

This week's installment will focus on a very important issue - how do I get paid from a construction litigation case when a developer sponsor doesn't have any assets?


MP3 File

Posted by New Jersey Legal Update Podcast | | Email This Post

Posted In: Podcasts

Bookmark:      Bookmark When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at del.icio.us      Digg When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at Digg.com      Bookmark When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at Spurl.net      Bookmark When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at Simpy.com      Bookmark When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at NewsVine      Blink this When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at blinklist.com      Bookmark When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at Furl.net      Bookmark When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at reddit.com      Fark When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at Fark.com      Bookmark When%20Transition%20Negotiations%20Breakdown%20-%20Part%204 at Yahoo! MyWeb

Recent Updates

  • March 31, 2008 8:04 AM
    Homeowner's Association Standing To Assert Without Joining the HomeownersDonald 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.
  • March 25, 2008 4:03 PM
    $5 Million Verdict In Favor Of New Jersey Residential High-Rise BuildingOn 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...
  • March 4, 2008 3:29 PM
    Condo Association Equitably Estopped from Consumer Fraud Act Relief When Its Conduct Resulted in the ViolationAfter 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 requiring that all modifications to contracts for home improvements be in writing. B & H Securities, Inc., v. CKC Condominium Ass’n, Inc., 2008 WL 508082 (App. Div., February 27, 2008).
  • December 12, 2007 8:32 AM
    Property Owner Did Not Waive Arbitration Clause by Participating in LawsuitIn 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 arbitration clause.
  • November 30, 2007 8:31 AM
    Consumers Cannot Waive Regulatory Requirement for Written Home Improvement ContractsThe 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....
  • November 13, 2007 11:01 AM
    Gehry - Construction Defects are InevitableWorld famous architect Frank Gehry, and his firm Gehry Partners is a defendant in a recent lawsuit brought by the Massachusetts Institute of Technology alleging design and construction defects in a $300 Million building on the Cambridge, Massachusetts campus.
  • October 23, 2007 2:40 PM
    Builder's Risk Policy Does Not Cover Damage to City Sewer PipePlaintiff WHP9, the developer of a multi-building residential project in North Bergen, secured a builder’s risk policy from defendant Centennial Insurance and liability insurance from another carrier before beginning construction.
  • October 8, 2007 8:08 AM
    Appellate Division Enforces Terms of Association’s Insurance PolicyIn an unpublished decision, the Appellate Division recently enforced an insurer’s duty to indemnify and defend a condominium association for damages resulting from an occurrence during the policy period even though they were not discovered until after the policy had expired. Steinbauer v. East Coast Acquisitions, LLC, 2007 WL 2593007 (App. Div. September 11, 2007).
  • October 1, 2007 8:14 AM
    New Jersey Federal Court Declines to Hear Minnesota Insurance Coverage Dispute.Judge Noel L. Hillman of the United States District Court for the District of New Jersey, sitting in Trenton, recently dismissed a case before her on the grounds that the New Jersey court was an inappropriate place to hear the dispute.
  • September 26, 2007 8:10 AM
    District Court Defines "Residential Construction"As we conduct discovery in our most egregious construction defect cases, construction litigators often observe that the same financial shortfalls that lead overextended or greedy developers to “cut corners” or “cheap the job” often result in their leaving contractors, subcontractors and suppliers unpaid when their contracts are “complete.”

Stark & Stark Web Sites