P&A Attorneys Co-Author Article on Mann Report

Frank Hess, Charles Kenny and Michael Zicherman co-authored an article titled “New Jersey Court Providers “Patch” For General Contractors When Their Indemnity Claims Against Subs Are Barred By Statute Of Repose” that recently appeared on the Mann Report Management website. The article focuses on the issues that New Jersey’s Statute of Repose presents for a general contractor (GC) or construction manager (CM) when they attempt to file an indemnity claims against a subcontractor for that subcontractor’s defective work. Under New Jersey’s Statute of Repose, indemnity claims against subs are barred if not brought before the expiration of the statute of limitations/repose, measured by the last date that the sub-performed work on the project. The article highlights the June 2013 New Jersey Supreme Court decision in Town of Kearny v. Brandt, 214 N.J. 76 (2013), in which the New Jersey Supreme Court provided a remedy or “patch” that allows the GC or CM to “obtain apportionment of damages for any fault attributable to the sub, while at the same time affording the sub the benefit of the expiry of the statutory limitations period.”

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