Weber Gallagher Simpson Stapleton Fires & Newby LLP

April 01, 2011 : Richard E. Stabinski Obtains Summary Judgment on Statute of Repose

On March 25, 2011, the Superior Court of New Jersey in Gloucester County granted a motion for summary judgment filed by Rick Stabinski on behalf of a national stone installer which had installed a limestone and granite facade at a building at Rowan University. Rowan brought suit against the general contractor and its construction manager. In turn, the general contractor brought a third-party action against several subcontractors including Rick Stabinski's client.

The motion for summary judgment argued that the Third-Party Complaint was filed more than ten years after the substantial completion of the project and, hence, the New Jersey ten-year Statute of Repose barred the third-party action. The Court agreed that the substantial completion date for the project was more than ten years before the filing of the Third-Party Complaint and all of the subcontractors were dismissed from the action.

Rick Stabinski was assisted in this matter by William C. Mills IV and Thomas C. Clemens.