The New Jersey Tort Claims Act (the “TCA” or the “Act”) provides that “a public entity is not liable for an injury” caused by an act or omission “[e]xcept as otherwise provided by this act.” N.J.S.A. 59:2-1a. Under the TCA, immunity is the rule and liability is the exception. The TCA defines public entities to include counties and municipalities, and therefore townships also fall within the scope of the TCA. N.J.S.A. 59:1-3.
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The law in New Jersey is such that a public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or public employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked.
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Whether you are a general contractor, a sub-contractor, or a supplier, you are uniquely aware of the difficulty of coming by work in these harsh economic times. You are also equally aware that even though work may be available, receiving payment from the owner, the general contractor, or the sub-contractor can be a difficult task. The purpose of this blog is to discuss the best way to ensure that not only does the project proceed properly, but also, that you receive payment for your work and/or materials.
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On Monday, November 15th, 2010, the New Jersey Supreme Court issued its highly anticipated decision in the controversial case of Dean v. Barrett Homes, Inc., 406 N.J. Super. 453 (App. Div. 2009), cert. granted, 200 N.J. 207, 976 (2009). The contested issue in Dean was whether the economic loss doctrine, a judicial construct which bars recovery in tort for damage a product causes only to itself, applied to bar a homeowner’s tort claim for a defective exterior finishing system installed on their home during construction.
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Donald B. Brenner, Chair of Stark & Stark’s Construction Litigation Group, presented a seminar at the 2010 New Jersey Cooperator Expo. The expo was held in Secaucus, New Jersey on May 5, 2010. Mr. Brenner presented a seminar entitled, Legal and Legislative Update: Important Decisions, New Laws, and how they Impact Your HOA, Condo. and/or Co-Op, in conjunction with Stark & Stark Community Association Group Co-Chairs, David J. Byrne and A. Christopher Florio.
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Lloyd Medley, chief judge of Orleans Parish Civil District Court, stated that the policy exclusions that insurers have commonly been using to deny claims for drywall damage don’t apply. Medley told Audubon Insurance Co. that the three items in its policy that the company had used to deny the homeowners insurance claim that New Orleans residents Simon and Rebecca Finger had made did not apply.
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Stark & Stark recently joined forces with the consumer advocacy group, Homeowners Against Deficient Dwellings (HADD), to file an amicus curiae brief urging the New Jersey Supreme Court to uphold a homeowner’s right to pursue tort remedies against manufacturers of defective building components in Dean v. Barrett Homes, Inc., 406 N.J.Super. 453, 202 (2009) cert. granted, 200 N.J. 207, 976 (2009).
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Federal agencies recently released a new set of criteria to help members and inspectors determine whether recent renovations or construction definitively has defective Chinese drywall. Calling it a “preliminary” protocol, the Consumer Product Safety Commission (CPSC) and the Housing and Urban Development Department (HUD) outlined standards for homes built from 2001-2008, for the first time acknowledging a wider range of possible homes may be affected than the earlier estimates of 2004-2007.
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The law firm of Stark & Stark, P.C. has joined forces with Homeowners Against Deficient Dwellings (HADD) to file an amicus curiae (friend of the court) brief urging the New Jersey Supreme Court to allow homeowners to pursue tort remedies against manufacturers of defective building components.
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