Case Law Summaries

Fox v. Genesis Building, Inc.

CONTRACTORS; WARRANTIES—A new home builder’s post-completion promises to make repairs may be separately enforceable against the contractor and are not limited by the new home warranty act.

• Opinion Date: January 11, 2000
• Real Property Law

Hein v. GM Construction Co., Inc.

CONTRACTORS; STATUTE OF LIMITATION—The ten year statute of limitations for construction claims does not include the day the certificate of occupancy is issued.

• Opinion Date: April 25, 2000
• Real Property Law

Slack v. Whalen

CONTRACTORS; LIABILITY—Homeowners are not obligated to hire general contractors for a home construction project and do not automatically assume liability for failing to provide a safe work site for contractor’s employees.

• Opinion Date: January 10, 2000
• Real Property Law

Black Horse Lane Assoc., L.P. v. Dow Chemical Corporation

CONTRACTS; REASONABLENESS—A “reasonable time,” as read into a contractual obligation, is usually an implication of fact, not of law, and is derived from the context of the circumstances and the intentions of the parties.

• Opinion Date: September 20, 2000
• Real Property Law

T.G.N., Inc. v. Iadevaia

CONTRACTS; NOTICE—In the absence of an express provision to the contrary, the day of the act or event from which the designated period runs is not counted in computing time periods set forth in a real estate contract.

• Opinion Date: May 30, 2000
• Real Property Law

Dowd v. Christie

CONTRACTS; MORTGAGE CONTINGENCIES—A time of the essence provision should not be implied in a residential mortgage contingency clause and a court should distinguish between the date by which a mortgage commitment must be obtained and that by which notice of its receipt must be given.

• Opinion Date: June 6, 2000
• Real Property Law

Sander v. Pollara

CONTRACTS; LIVING SPACE; MEASUREMENT—There is no agreed-upon standard within the construction industry by which to measure the size of a house.

• Opinion Date: January 3, 2000
• Real Property Law

The Schultz Organization, New Jersey v. Concurrent Computer

CONTRACTS; INTERFERENCE—Submission of a back-up offer is entirely lawful if no party uses fraudulent, dishonest or unlawful means when approaching the seller with an offer to buy the property.

• Opinion Date: October 3, 2000
• Real Property Law

Dunne v. Hauck

CONTRACTS; CONTINGENCIES—Where a contract grants a buyer a due diligence period to satisfy itself as to certain conditions, but the buyer does not make a good faith effort during that period to determine if those conditions exist, it may not terminate the contract because those conditions are unsatisfied.

• Opinion Date: January 11, 2000
• Real Property Law

JVR Corporation v. Goldblatt

CONTRACTS—Even where a property description in a contract of sale describes only one tract, if the contract buyer can show that an additional tract was omitted by mutual mistake or that it made a unilateral mistake that the seller knew about and sought to take unconscionable and inequitable advantage thereby, then the tenant may be entitled to reformation or recission.

• Opinion Date: December 26, 2000
• Real Property Law