05-02-11 PORT IMPERIAL CONDOMINIUM ASSOCIATION, INC. VS. K.
HOVANIAN PORT IMPERIAL URBAN RENEWAL, INC., ET AL.
A-1013-10T1
We uphold summary judgment in favor of defendants under the statute of repose, N.J.S.A. 2A:14 1.1, which precludes construction defect claims against subcontractors who completed improvements to real property more than ten years before the filing of complaints against them, regardless of when the injury occurred or the cause of action otherwise accrued. For the statute to apply, these improvements must have resulted in a defective and unsafe condition that is hazardous to the well-being and safety of persons or property. Here, we reject plaintiff condominium association's contention that ongoing settlement of buildings into the soil created merely expensive and inconvenient repairs. We find the nature of the allegations and the supporting evidence substantiate the finding that defendants' improvements caused both functional impairment, with consequential economic losses, and a hazardous condition, qualifying defendants for protection under the statute.
