VELEZ v. WILKERSON ELECTRICAL SERVICES, INC., NOBE/BCC


796 A.2d 919 (2002)

351 N.J. Super. 2

Elizabeth VELEZ, assignee of Jose Vargas, and Irving Velez, Plaintiffs-Appellants, v. WILKERSON ELECTRICAL SERVICES, INC., NOBE/BCC Associates, Defendant/Third Party Plaintiff, and Chubb Insurance Co., successor in interest to Federal Insurance Co., individually, jointly and severally, Defendant/Third Party Plaintiff-Respondent, v. QEM Enterprises, Inc., Third Party Defendant, and New Jersey Housing Mortgage Finance Agency, Third Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 2002.


Attorney(s) appearing for the Case

John M. Esposito, East Hanover, argued the cause for appellants.

Stefani C. Schwartz, Florham Park, argued the cause for respondent Chubb Insurance Co., successor in interest to Federal Insurance Co. (Schwartz Simon Edelstein Celso & Kessler, attorneys; Stephen C. Edelstein, of counsel; Ms. Schwartz and Christopher R. Welgos, on the brief).

Michael J. Spina, Deputy Attorney General, argued the cause for respondent New Jersey Housing and Mortgage Finance Agency (David Samson, Attorney General, attorney; Michael Haas, Assistant Attorney General, of counsel; Mr. Spina, on the brief).

Before Judges BAIME, FALL and AXELRAD.


The opinion of the court was delivered by FALL, J.A.D.

This case involves application of the time-limitation periods set forth in the New Jersey Public Works Bond Act (Bond Act), N.J.S.A. 2A:44-143 to -148, to the prevailing-wage claims by employees of a subcontractor against the bonding company that issued a payment and performance bond to the general contractor of a public works project funded through the New Jersey Housing Mortgage Finance Agency (NJHMFA...

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