LABOV MECHANICAL, INC., S.M. Electric Co., Inc., and Frank Lill & Son, Inc., Plaintiffs-Respondents,
v.
EAST COAST POWER, L.L.C., and East Coast Power Linden, GP, L.L.C., Defendants-Appellants, and
AC & S, Inc. (a/k/a New States Contracting), Furino & Sons, Inc., Nepcan Engineering Ltd., Foster Wheeler Energy Corporation, Mechanical Dynamics And Analysis, L.L.C., Joseph Jingoli & Son, Inc., Simplex Grinnell, L.P. (a/ k/a Grinnell Fire Protection), ONYX Industrial Services, Inc., West Virginia Paint & Tank Company, AMQUIP Corporation, EPIC Process Control and Safeway Steel Products, Inc., Defendants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Submitted April 20, 2005.
Decided May 5, 2005.
Attorney(s) appearing for the Case
Lindabury, McCormick & Estabrook, attorneys for appellants (Barry J. Donohue and Bruce P. Ogden, Westfield, on the brief).
Peckar & Abramson, attorneys for respondent Labov Mechanical, Inc., Clancy, Callahan & Smith, attorneys for respondent S.M. Electric Co., Inc., and Brown & Moskowitz, attorneys for respondent Frank Lill & Son, Inc. (Charles F. Kenny, River Edge, Edward M. Callahan, Jr., Roseland, and Kenneth L. Moskowitz, Millburn, on the joint brief).
McElroy, Deutsch, Mulvaney & Carpenter, attorneys for defendant Foster Wheeler Energy Corp. (Robert S. Moskow, II, Morristown, on the brief).
Steven A. Berkowitz & Associates, attorneys for amicus curiae The South Jersey Mechanical Contractors Association (Steven A. Berkowitz, Marlton, on the brief).
Before Judges CONLEY, BRAITHWAITE and WINKELSTEIN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court is delivered by
CONLEY, P.J.A.D.
This is a Construction Lien Law (CLL), N.J.S.A. 2A:44A-1 to -38, appeal. Respondents are subcontractors on a $96 million energy operation project.1 Appellant East Coast Power (ECP) is the owner of the project. Its general contractor, NEPCO, whose parent corporation was ENRON, ran into cash flow difficulties towards the end of the project and did not meet its contractual...
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