The Supreme Court of New Jersey is currently considering two cases which may have significant wide-ranging effects on disputes in the construction industry: State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012), certif. granted, 210 N.J. 476 (2012), and Town of Kearny v. Brandt, 2011 WL 2535286 (N.J. Super. A.D. 2011), certif. granted, 209 N.J. 98 (2012).
In both cases, the Appellate Division addressed unsettled issues related to New Jersey’s statute of repose, N.J.S.A. 2A:14-1.1, which forecloses claims based on “deficiency in design, planning, surveying, supervision or construction of an improvement to real property” filed more than 10 years “after the performance or furnishing of such services and construction.”
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