November2017

The New Jersey Supreme Court Potentially REDUCES THE TIME

to Bring Direct Claims Against a Developer’s Contractors and Design Professionals for CONSTRUCTION DEFECTS

By Martin Cabalar, Esq., Becker & Poliakoff

O n September 14, 2017 the New Jersey Supreme Court issued a long anticipated decision in the matter of The Palisades at Fort Lee Condominium Association, Inc., v. 100 Old Palisade, LLC (“Palisades”). The decision may have an immediate impact on recently constructed condominiums, or those to be constructed in the future, that have construc- tion deficiencies. Generally, in New Jersey, a condominium association has six years from the date the developer transfers control to the owners to bring a claim against the developer for deficiencies in the design and construction of the common ele- ments. While Palisades does not appear to change this well-settled law, the Supreme Court has called into question years of trial and appellate decisions that held that the same tolling applied to claims by a condominium association against

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