The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisades, LLC

169 A.3d 473, 230 N.J. 427
CourtSupreme Court of New Jersey
DecidedSeptember 14, 2017
DocketA-101/102/103/104-15
StatusPublished
Cited by78 cases

This text of 169 A.3d 473 (The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisades, LLC) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisades, LLC, 169 A.3d 473, 230 N.J. 427 (N.J. 2017).

Opinion

JUSTICE ALBIN

delivered the opinion of the Court.

Plaintiff, The Palisades at Fort Lee Condominium Association, Inc., filed lawsuits alleging that defendants, the general contractor and three subcontractors, defectively constructed a building complex that is now under the Condominium Association’s control. The issue before us is whether plaintiff filed the lawsuits before the expiration of the statute of limitations.

N.J.S.A. 2A:14-1 is a statute of limitations generally governing tort-based property-damage claims. Under that statute, a construction-defect action must be commenced within six years “after the cause of any such action shall have accrued.” Ibid. The heart of the controversy in this case is the point at which plaintiffs causes of action “accrued.”

The trial court determined that the six-year statute of limitations began to run in May 2002, when the building was substantially complete. Applying its conception of the discovery rule, the court found that the building’s owners knew or reasonably should have known of any defects within the six-year period and therefore should have filed the lawsuits by May 2008. Because the Condominium Association did not initiate the first lawsuit until after that date, the court dismissed the actions against all defendants.

The Appellate Division reversed, concluding that the Condominium Association’s claims accrued in June 2007, when it undertook full unit-owner control of the building and became “reasonably aware” of actionable claims of construction defects based on the report of a construction expert it had retained. The Condominium Association filed all complaints against defendants within six years of that date.

We now hold that neither the trial court nor the Appellate Division applied the correct legal standard for determining when the construction-defect actions accrued pursuant to N.J.S.A. 2A:14-1. Although N.J.S.A. 2A:14-l’s six-year statute of limitations typically commences upon substantial completion of a structure, the discovery rule applies to the accrual of a claim under N.J.S.A. 2A:14-1. Under that rule, the limitations clock does not commence until a plaintiff is able to discover, through the exercise of reasonable diligence, the facts that-form the basis for an actionable claim against an identifiable defendant. Caravaggio v. D'Agostini, 166 N.J. 237, 246, 765 A.2d 182 (2001).

Over time, as in this case, ownership of a building may change hands. A construction-defect lawsuit must be filed -within six years from the time that the building’s original or subsequent owners first knew or, through the exercise of reasonable diligence, should have known of the basis for a cause of action. A subsequent owner stands in no better position than a prior owner in calculating the limitations period. If a prior owner knew or reasonably should have known of a basis for a construction-defect action, the limitations period began at that point.

In light of the legal paradigm just articulated, we cannot determine when the accrual clock commenced for each defendant based on the record before us. Accordingly, we remand to the trial court to conduct a Lopez 1 hearing and to make findings of fact to settle that issue.

I.

A.

The Palisades is a residential building complex located in Fort Lee, New Jersey. The centerpiece of The Palisades is a forty-one story high-rise consisting of a thirty-story residential tower set atop an eleven-story parking garage. Within The Palisades complex are mid-rise apartments, townhomes, and various recreational facilities.

Palisades A/V Acquisitions Co., LLC (A/V Acquisitions) developed The Palisades project on property that it had acquired. In December 1999, A/V Acquisitions retained AJD Construction Co., Inc. (AJD) to serve as the general contractor on the project. AJD then hired various subcontractors, including Forsa Construction, Inc,, Benfatto Masonry, Inc., and Luxury Floors, Inc., to perform specialized work on the project. Forsa Construction built the highrise tower and garage, Benfatto Masonry constructed the exterior walls, and Luxury Floors installed flooring throughout the common areas. The chief architect on the project certified that The Palisades was “substantially complete” as of May 1, 2002, the date on which certificates of occupancy had been issued for various floors and units.

For the next two years, A/V Acquisitions rented apartments and units in The Palisades complex. In June 2004, A/V Acquisitions sold The Palisades to 100 Old Palisade, LLC (Old Palisade), 2 which converted the rental apartments and units into condominiums pursuant to the Condominium Act, N.J.S.A. 46:8B-1 to -38. As part of the condominium conversion process, Old Palisade retained Ray Engineering, Inc. to inspect the common elements of the property. Ray Engineering issued a report dated October 1, 2004 (the Ray Report), stating; “Generally, the structure of the building, townhomes and parking deck appeared to be in good condition.” The report noted the presence of “some spalling of concrete” and “some sporadic cracking of the concrete” in the parking deck. The spalling and cracking, however, did “not appear to be a structural concern at the present time.”

In converting The Palisades to a condominium form of ownership, Old Palisade attached the Ray Report to its public offering statement on January 27, 2005, and to the master deed. According to the master deed, the condominium association would be responsible for the administration and maintenance of the building’s common areas and facilities.

Although The Palisades at Fort Lee Condominium Association, Inc. (the Condominium Association or plaintiff) was incorporated on February 23, 2005, Old Palisade did not relinquish control of the Condominium Association until seventy-five percent of The Palisades’ units had been sold. See N.J.S.A. 46:8B-12.1(a) (“Unit owners ... shall be entitled to elect all of the members of the governing board ... upon the conveyance of 75% of the units in a condominium.”). That occurred in July 2006. At that point, the unit owners took full control of the Condominium Association.

The unit-owner-controlled Condominium Association then retained the Falcon Group, an engineering and architectural services firm, to inspect The Palisades’ common elements for any construction defects. The Falcon Group issued a report on June 13, 2007 (the Falcon Report), detailing construction-related defects in the building’s exterior walls, roofing, concrete flooring, and plumbing, and in other areas, such as the parking garage and landscaping,

B.

Based on the Falcon Report, the Condominium Association filed a series of complaints in the Superior Court, Law Division, including one against defendants AJD and Luxury Floors on March 12, 2009, one against Benfatto Masonry on April 16, 2009, and another against Forsa Construction on September 7, 2010. 3

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169 A.3d 473, 230 N.J. 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-palisades-at-fort-lee-condominium-association-inc-v-100-old-nj-2017.