New Jersey Decides Statute of Repose Rules for Multi-Phase Projects

Most states have rules relating to how long you have to discover defects, and potentially sue those involved in building the project, after construction is complete. These types of laws are called “statues of repose.”  The idea is that the contractor or design professional should not be liable for problems with a building for forever, and that most buildings […]

Federal Court Awards Quantum Meruit Despite Written Contract

The city of Syracuse hired a contractor to construct a parking deck. The relationship fell apart, and Syracuse terminated the contract. The contractor sued the City for breach of contract, claiming that the breach was so material it defeated the purpose of the contract. At trial, the jury awarded the contractor damages for the following: costs […]

Observe Corporate Formalities – Court Holds Construction Company Owners Liable if They Don’t

In Georgia, recently, a court held the officers of a corporation liable despite the fact that contracts for construction were with the corporation.  In Christopher v. Sinyard a construction company constructed residences.  When certain items were incomplete, a punch list was produced, and the company promised to complete the punch list items after the closing. At closing, […]

Changes in North Carolina’s Lien Law – Chaotic – Confusing – But Here’s What We Know So Far

Over a month ago we reported on an open letter from the title insurance industry to North Carolina. The letter basically said North Carolina’s laws on mechanics liens are confusing, causing enormous problems, and need to get in line with the more sensible laws of the 49 other states. The end of the open letter […]