32 / 72
32
N O V E M B E R , 2 0 1 7
O
n September 14, 2017 the New Jersey
Supreme Court issued a long anticipated
decision in the matter of
The Palisades at
Fort Lee Condominium Association, Inc., v. 100
Old Palisade, LLC (“Palisades”).
The decision
may have an immediate impact on recently
constructed condominiums, or those to be
constructed in the future, that have construc-
tion deficiencies. Generally, in New Jersey,
a condominium association has six years
from the date the developer transfers control
to the owners to bring a claim against the
developer for deficiencies in the design
and construction of the common ele-
ments. While
Palisades
does
not appear to change this
well-settled law, the Supreme Court has
called into question years of trial and appellate
decisions that held that the same tolling applied
to claims by a condominium association against
The New Jersey
Supreme Court Potentially
REDUCES THE TIME
to Bring Direct Claims Against a Developer’s
Contractors and Design Professionals for
CONSTRUCTION
DEFECTS
By Martin Cabalar, Esq.,
Becker & Poliakoff
CONT I NU E S ON PAGE 34
© iStockphoto.com