Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Sunday, April 19, 2015

ENVIROFINANCE GROUP, LLC AND EARTHMARK NJ KANE MITIGATION, LLC VS. ENVIRONMENTAL BARRIER COMPANY, LLC A-2475-12T4/

ENVIROFINANCE GROUP, LLC AND EARTHMARK NJ KANE
          MITIGATION, LLC VS. ENVIRONMENTAL BARRIER COMPANY, LLC
          A-2475-12T4/A-6202-12T3(CONSOLIDATED)
In this complex litigation, plaintiff EFG, provided construction financing to plaintiff Earthmark, to develop an
municipalities and the unions that represent police
page2image16200 page2image16360
environmental
Meadowlands
contractor,
leasehold interest in the project when payment was not made. Defendant later moved for a default judgment against Earthmark and EFG attempted to oppose the motion. We concluded, as did the trial judge, EFG's secured creditor status was not a sufficient financial stake in the outcome to confer standing to

mitigation bank on wetlands owned by the Conservation Trust. Defendant, the primary filed construction liens against Earthmark's

challenge the nature and amount of obligations between Earthmark and defendant. EFG had the opportunity but chose not to invoke provisions of its financing agreements allowing it to assume Earthmark's role in the project.
Also examined were respective contract and equitable relief claims, including whether the construction liens were barred by the public works exception of N.J.S.A. 2A:44A-5(b). We upheld the liens, determining they did not attach to the public property, but to Earthmark's private leasehold interest.