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Thursday, June 21, 2012

STATE OF NEW JERSEY VS. PERINI CORPORATION, ET AL. A-3268:3269-10T4(CONSOLIDATED)


STATE OF NEW JERSEY VS. PERINI CORPORATION, ET AL.
  A-3268:3269-10T4(CONSOLIDATED)

The ten-year statute of repose, N.J.S.A. 2A:14-1.1, did not bar
the State from seeking damages under a multi-phase construction
contract for alleged defects of a hot water system that was
connected to the entire project.  The hot water system was not
identified in the construction documents as a separate phase or
component of the project with its own distinguishable completion
date, and so, was not a separate "improvement to real property"
under the statute.  The trial court erred in dismissing the
State's claims against the general contractor and other
contractors that continued to work on the project within the
ten-year period on the ground that the State had begun to use
the hot water system and occupied most parts of the project more
than ten years before it filed its complaint. 03-30-12