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
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
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.