Martin Cabalar represents condominium and homeowner associations, cooperatives and other residential homeowners as general counsel and in complex commercial litigation, with an emphasis on construction and real estate related claims.
For community association clients, Martin provides advice and counsel on a variety of issues including association governance, contract negotiations, dispute resolution, collections and the applicability and interpretation of governing documents and the law. Martin also counsels his community association clients through pre-litigation transition negotiations with developers and transition litigation with respect to construction defect claims. (See njconstructiondefectlaw.com). He is an advocate for helping clients faced with construction defects left behind by a developer, design professional, general contractor or subcontractor.
In addition to providing counsel to community associations, Martin represents homeowners and contractors in complex construction and contractual disputes. Martin counsels his clients through pre-litigation negotiations and represents them in lawsuits, mediations and arbitrations. He also represents clients before local municipal Planning and Zoning boards.
Martin frequently lectures on community association, development and construction issues for organizations including the Community Associations Institute – New Jersey Chapter, the New Jersey State Bar Association and the New Jersey Institute for Continuing Legal Education. Martin is also a contributor to Becker & Poliakoff’s New Jersey Condo Blog, providing commentary and insight with respect to community association law, governance and construction litigation. (See njcondoblog.com)
EXPERIENCE
Martin has worked with the attorneys in the firm’s Community Association, Real Estate and Construction Law Practice Groups to obtain several multi-million-dollar recoveries in the last five years, including, but not limited to, the following representative matters:
- Successfully obtained denial of application for development before the Planning Board of the City of Paterson, New Jersey, on behalf a community association client. The association’s property was directly adjacent to the Applicant’s property. Through cross-examination of the applicant’s own witnesses, and the testimony of a Professional Planner retained by the association, Mr. Cabalar argued multiple deficiencies in the developer’s application resulting in a vote to deny the application.
- In 2023, obtained total settlements in excess of $33 million-dollars for community association clients, including:
- Eight-figure settlement for a large northern New Jersey condominium community in Passaic County experiencing excessive settlement. The matter is still active in litigation with additional settlement funds and/or judgments expected.
- $7.3 million-dollars in settlements for a Essex County townhome community experiencing water infiltration through the building envelope. The matter is still active in litigation with additional settlement funds and/or judgments expected.
- $6.8 million-dollars in settlements for a Hudson County waterfront condominium experiencing water infiltration and geotechnical soil settlement issues. The matter is still active in litigation with additional settlement funds and/or judgments expected.
- $1.1 million-dollars in settlements for a condominium in Red Bank, New Jersey experiencing water infiltration though the roof, building façade and balconies into the residential units of the condominium building.
- $5.3 million-dollar settlement for a high-rise Jersey City condominium developed by a national developer that experienced damage to its parking garage, building façade, balconies, windows, doors and interior building components as a result of issues associated with design and construction.
- Successful in obtaining partial summary judgment dismissing nearly all claims asserted against a mid-rise, luxury condominium association client located in Morristown, NJ. The association was sued by a neighboring property owner claiming that its residents were overburdening a shared alleyway that runs between the parties’ properties.
- Eight-figure settlement for a condominium in New Jersey, located on the Hudson Waterfront, that experienced excessive settlement and other construction defects due to improperly designed and constructed site and building components. The matter settled shortly after the Court awarded the condominium association summary judgment on its claims of piercing the corporate veil, finding that the developer’s parent entity would be liable for any amounts that may be entered against the developer at trial.
- $20 million-dollar verdict. The jury awarded $3 million dollars against the developer and general contractor of a condominium in West New York, New Jersey. The amount was then trebled under the New Jersey Consumer Fraud Act to $9 million dollars and the association was awarded attorney’s fees and costs. The jury also awarded $13 million dollars against design professionals that performed services on the project. This landmark case was particularly unique because the parent company of the developer was found to have used its subsidiary to perpetrate an injustice. The jury therefore found in favor of the condominium association’s corporate veil piercing claims, such that the developer’s parent entity was held liable for all amounts entered against the developer.
- $13 million-dollar settlement on the eve of trial for a condominium located along the Hudson Waterfront/New Jersey Gold Coast that experienced excessive settlement and water infiltration due to improperly installed building components.
- Nearly $1.4 million-dollar settlement for an age-restricted condominium in Flemington, New Jersey, suffering from water infiltration due to improperly installed building components and damage to concrete walkways from improper backfill.
- Successful in representing condominium association client before Paterson, New Jersey Planning Board in opposition to a proposed neighboring development that required several variances.
- Successful in negotiating a settlement with financial incentives and sufficient reductions to a proposed neighboring development that negatively impacted his clients’ property in lieu of appearing before the local municipal planning board.
- Successfully obtained a pre-answer dismissal with prejudice of the claims asserted against our client, a Florida resident, based on a lack of personal jurisdiction in New Jersey. They obtained a decision from the New Jersey Appellate Division affirming the trial court’s decision in all respects.
As a result of the success of our construction litigation group, Martin is also often able to resolve construction defect, accounting and other transition related issues with developers without the need for litigation.
RECOGNITION
- Recognized in New Jersey Super Lawyers® as a Rising Star for Real Estate, Construction Litigation, 2016-2024
- Recipient of the Committee of the Year Award for service on the 2015 Golf Committee, CAI-NJ
PROFESSIONAL / COMMUNITY ACTIVITIES
- Member of the Community Associations Institute (CAI)
- Member of the New Jersey chapter of the Community Associations Institute
- Member of the New Jersey State Bar Association
- Member of the New York State Bar Association
- Member of the 2013-2019Golf Committee, CAI-NJ
- Chair of the 2014 Golf Committee, CAI-NJ
- Member of the 2020 FAST Committee, CAI-NJ
- Member of the 2021 Editorial Committee, CAI-NJ
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