Construction Consumer Protection Civil Procedure

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Consumer Fraud Act Counterclaim Against General Contractor Denied to Homeowner Who Used Architect as Intermediary to Manage...

In a recent unpublished opinion, Gemini Restoration Inc. v. Leone, et al., Docket No. A-6171-09T4 (August 3, 2012), New Jersey’s Appellate Division, among other things, affirmed a summary judgment order that dismissed a...more

Consumer Fraud Claims Between Merchants In Commercial Transactions

In my prior articles I’ve reviewed the dramatic changes in the law of late, where New Jersey courts have applied the New Jersey Consumer Fraud Act (“CFA”) in any number of circumstances beyond the consumer context. Opinions...more

Home Construction Defects in New Jersey and the Election of Remedies

In the context of construction defect claims for new home construction, the question of whether a homebuyer can pursue legal claims in the courts as well as through a warranty program is a complicated one, and a veritable...more

Duo of Appellate Decisions Provide Guidance on the Scope and Limits of NJ's Statute of Repose

Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some much needed guidance on the scope and limitations of New Jersey’s statute of repose, N.J.S.A. § 2A:14-1.1 in the...more

Texas Supreme Court Sends Homeowner to Arbitration With No Written Contract

This article analyzes an opinion in which the Texas Supreme Court required a homeowner, who had not signed an arbitration agreement with the builder, to arbitrate her claims of defective construction against the builder....more

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