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ROBERTET FLAVORS v. TRI-FORM CONST.

A-70/A-71 September Term 2008

1 A.3d 658 (2010)

203 N.J. 252

ROBERTET FLAVORS, INC., Plaintiff-Respondent, v. TRI-FORM CONSTRUCTION, INC., Robert Karabinchak, and Academy Glass, Defendants-Appellants, and Tami-Githens, Inc., A-Tech Concrete Company, Inc., and Fisher Contracting, Inc., Defendants. and Tri-Form Construction, Inc., and Robert Karabinchak, Third-Party Plaintiffs, v. A-Tech Concrete Company, Inc., Fisher Contracting, Inc., Newark Electric, Inc., Advance Interiors, Inc., Academy Glass, Inc., Stucco Systems, Inc., U.S. Engineering Laboratories, Inc., Automation Concepts, Inc., and Flavio Tamburri, Third-Party Defendants.

Supreme Court of New Jersey.

Decided August 3, 2010.

Attorney(s) appearing for the Case

David J. Dering, Cedar Knolls, argued the cause for appellants Tri-Form Construction and Robert Karabinchak (Leary, Bride, Tinker & Moran, attorneys).

Marc Shortino argued the cause for appellant Academy Glass, Inc. (Gartner & Bloom, attorneys).

Patrick T. Collins, Livingston, argued the cause for respondent Robertet Flavors, Inc. (Franzblau Dratch, attorneys).

Justice HOENS delivered the opinion of the Court.

Commercial construction projects often present unique challenges to the courts, in part because when an argument erupts over a claimed construction defect, it is inevitably complicated by the conflicting interests of the parties. The project owner wants the building to be free of defects, while other parties to the project, including the general contractor, its subcontractors and suppliers, the construction manager...

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