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.