Case Law Summaries

Bureau of Homeowner Protection v. Myles Incorporated

CONTRACTORS; WARRANTY REGISTRATION—An arbitrator under the New Home Warranty program has the power to suspend a builder’s registration for failure to remedy violations.

• Opinion Date: January 12, 2000
• Real Property Law

Avon Brothers, Inc. v. Tom Martin Construction Company, Inc.

CONTRACTORS; FIDUCIARY DUTY—In a cost plus construction contract, the general contractor does not have a fiduciary duty to the owner when negotiating price change orders with subcontractors; “pay when paid” clauses are enforceable so long as payment is made within a reasonable period of time.

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

Ramapo Brae Condominium Association, Inc. v. Bergen County Housing Authority

CONSUMER FRAUD; PUBLIC AUTHORITIES—A public housing authority can act as a developer in creating housing, but is not subject to the consumer fraud act as would be a private developer for the same type of project.

• Opinion Date: March 1, 2000
• Real Property Law

Nobrega v. Edison Glen Associates

CONSUMER FRAUD; DEVELOPERS; CONTAMINATION—The New Residential Construction Off-Site Conditions Disclosure Act does not immunize a developer from liability under the Consumer Fraud Act where there is knowing failure to disclose adverse environmental conditions.

• Opinion Date: January 21, 2000
• Real Property Law

J.G. Lanza Builders, Inc. v. McCann

CONSUMER FRAUD; CONTRACTORS—The “savvy consumer” defense to a claim under the Consumer Fraud Act is not applicable just because the homeowner contracting for repairs is an attorney.

• Opinion Date: October 2, 2000
• Real Property Law

Lombardi Kitchen and Bath Concepts, Inc. v. Johnson

CONSUMER FRAUD; CONTRACTORS—A contractor’s failure to obtain a building permit and final inspections is an unconscionable commercial practice violative of the Consumer Fraud Act.

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

Ji v. Palmer

CONSUMER FRAUD; BROKERS; MISREPRESENTATIONS —To show a broker’s violation of the Consumer Fraud Act, it is not necessary to show knowledge of falsity or an intent to deceive; all that is needed is to show an affirmative misrepresentation, i.e., one that is material to the transaction.

• Opinion Date: August 1, 2000
• Real Property Law

The Thomas Group, Inc. v. Wharton Senior Citizen Housing, Inc.

CONSTRUCTION; LIENS—Where a contractor has performed substantially all of its work, the prerequisites that a contractor has performed its work under the contract and that the monies be “due and owing” before it is entitled to a construction lien are not to be interpreted literally.

• Opinion Date: May 4, 2000
• Real Property Law

Global Environmental Technologies, Inc. v. F&E Mechanical, Inc.

CONSTRUCTION; PERFORMANCE BONDS—A contractor is entitled to recover from its subcontractor’s bonding company the interest it incurs when borrowing money to fund take-over construction costs.

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

City of Atlantic City v. Warwick Condominium Association, Inc.

CONDOMINIUMS; TAXATION—An off-site parking facility, included as part of a condominium’s overall parking area, is part of its common elements and not separately taxable, even though less than all of the unit owners are able to use that particular facility.

• Opinion Date: September 28, 2000
• Real Property Law