Advertising Disclosure Email Disclosure

Defense Secures Dismissal of Claims in Construction Defect Case

Obtained summary judgment for a developer and general contractor in a construction defect case. ​The plaintiff, a homeowners association, sued multiple parties seeking $2.5 million in damages related to water infiltration due to the allegedly negligent installation of roofing, exterior cladding, windows, doors, railings and decks. We also represented several previous developer/association board members who were sued individually. Prior to filing suit, the plaintiff filed a claim with the state of New Jersey under the Home Owners Warranty program. Pursuant to statute, the filing of a claim with the state is an exclusive remedy that bars any lawsuit. We filed for summary judgment on this issue, resulting in the dismissal of all of the plaintiff’s claims against all of our clients, with prejudice. 

Practice Group Contact


Related Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."