The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade (New Jersey)
The case deals with a construction defect and consumer fraud case that involves a luxury high rise condominium building located in Fort Lee. The construction defects are specifically leaks and poor waterproofing in the rear plaza. None of the foregoing defects were disclosed in the Public Offering Statement (POS) or engineering report that was included with the POS and approved by the New Jersey Department of Consumer Affairs.
Initially, the unit owners could not have known about the defects or taken action to remedy them because at that time, the association did not yet exist or was under control of the corporate sponsor. When the unit owners took control of the association, the first order of business was to get an engineering report after a series of leaks provided a basis for the association board of directors to be concerned and justified engaging an engineer to perform a thorough investigation.
During the course of this litigation, the Plaintiff settled with the Sponsor and original developer as well as other contractors. The claims that remained were based upon the contractor Defendant’s defective work. Prior to trial, the contractor Defendants moved for Summary Judgment based upon the Statute of Limitations. By court order, the motion was granted, dismissing the Plaintiff’s claims. The Plaintiff moved for reconsideration but was denied. The Plaintiff appealed the courts two prior orders with the hope of recovering the remaining claims.
Brief: CAI's Amicus Brief
Prior Ruling: Superior Court Decision
Status: Superior Court ruling for CAI's Position
CAI Amicus Brief Author: Randy Sawyer, Esq.
CAI Amicus Brief Review Committee: Stephen Marcus, Esq; Mary Howell, Esq; Steven Sugarman, Esq; David Mercer, Esq.; Thomas Schild, Esq.