Legal Question in Construction Law in New Jersey

construction laws

I live in a 3 story townhouse. I purchased it new in 1995. I'm being told by my association that the I-beam holding up the second floor is faulty and in need of replacement/repair. I'm told this beam is faulty for several reasons. First, the architect called for a solid wood beam & the builder used a manufactured beam called a TGI. Second, the floor joists are not properly nailed to this I-beam. Third, the HVAC contractor cut through the I-beam to vent the HVAC system. Finally, there is a deck on the outside of the house that is secured to this TGI beam and is pulling the TGI beam out of place. There are 169 condominium units affected and repair will cost 1.1 million dollars. The association�s attorney is telling our community that the builder/contractors are only liable for 10 years, (attorney sited article 2.A.14.1-1). Why did the township inspector miss the manufactured TGI beam on 169 units, the HVAC ducts cutting through the I-beam, and the failure to nail in the floor joists? Why should the homeowners have to pay for the mistakes of the inspector, the builder, and the contractors? Isn�t someone, (other than the homeowner) liable for this problem? Shouldn�t a house last more than ten years?


Asked on 3/02/07, 6:33 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: construction laws

I waited some to answer this question to see if there was a lawyer closer to you who wanted to take a shot at it. First, I think that the Association's lawyer is correct insofar as your ability to sue the builder or designer. It expires after ten years under the statute cited. There is another possibility, however. Depending on how your units were characterized at the time of construction, there is the possibility that they were covered by a separate warranty. In such warranties, it is customary to warrant for twenty years against major structural defects. The I-beam substitution should qualify as a major structural defect. So, it is worth you while checking on whether there is a written warranty and what it says. I expect that the Association's lawyer has already done that, but it is worth asking about.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/13/07, 10:53 pm


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