When your business becomes involved in a dispute, things can become complicated. A few years ago, the New Jersey Judiciary recognized the need to expedite cases. At the start of 2015, the New Jersey Supreme Court established the Complex Business Litigation Program (CBLP). A look behind the scenes shows how this program benefits many New Jersey companies.
No doubt you may think that the facts of your business litigation matter are quite simple. However, your adversary may disagree with you entirely. Before the institution of CBLP, many business disputes took several years to resolve. Fortunately, the designation of complex business litigation judges has helped in streamlining the process.
There’s also a chance that you fully recognize the complexity of your legal issues related to your business. In fact, most find it encouraging that a judge skilled in resolving complex business matters becomes assigned to their case. Meanwhile, you should know that CBLP has certain eligibility requirements.
First, the amount in controversy must be a minimum of $200,000. The case must involve either a commercial or construction litigation dispute. Most often, complex business litigation matters include complicated factual or legal issues. Documents are usually plentiful in these types of cases.
It is not uncommon for multiple companies to become parties to the same litigation, which require special attention. Also, expert witnesses for each of the parties may be called upon to submit their opinions for review.
Union County Complex Business Litigation Legal Opinion
Earlier this year, the Honorable Robert J. Mega, JSC authored a legal opinion in the matter of Ocean Steel Corporation v. Connell Hospitality, LLC, et al. The Opinion specifically deals with Connell Hospitality’s attempt to dismiss Ocean Steel’s case against it. In the alternative, Connell Hospitality asked that stay be placed on foreclosure of the construction lien.
In addition to the plaintiff and the Connell Hospitality defendant, there are two other defendants. The case involves disputes related to the construction of Embassy Suites in Berkeley Heights. The issues are complicated as they deal with the particulars of construction law.
For example, change orders for additional work resulted in other charges. Ocean Steel contended that it completed its portion of the construction job, as well as change order work. However, they claimed that the construction manager (another defendant) never completely paid them. As a result, Ocean Steel filed a construction lien claim, followed by a second one at a later date.
Ocean Steel first hired Connell Hospitality as a construction manager. Subsequently, they brought on a new construction manager. That company was also named as a defendant in the lawsuit. Ocean Steel was looking for a balance due of over $167K.
If you read through the case, you can get a feel for its complexity. There are actually six counts to the plaintiff’s complaint. The fact that there are four parties makes it even more complicated.
The court’s opinion clearly analyzes the documents submitted in conjunction with the matter. For one, there are questions concerning the validity of the construction liens. It appears there were concerns about the timely filing of the liens. Additionally, the defense questioned whether the liens were asserted against the correct parties and properties. Ultimately, one of the construction liens was deemed flawed and therefore discharged.
Contact Us
Whether your commercial litigation matter rises to the level of CBLP or not, our firm is here to assist you. Contact the Law Offices of Lawrence M. Centanni to see how we can help you.
