DAIDONE v. BUTERICK BULKHEADING


924 A.2d 1193 (2007)

191 N.J. 557

John DAIDONE and Laura Daidone, his wife, Plaintiffs-Appellants, v. BUTERICK BULKHEADING, Scott Lepley, Design Group and Lepley-McCorry Architects AIA, P.C., Defendants-Respondents, and John Doe, A Fictitious Name Representing a Licensed Professional Engineer Responsible for Reviewing and Certifying Construction and Certain Records, Defendant.

Supreme Court of New Jersey.

Decided June 26, 2007.


Attorney(s) appearing for the Case

Richard J. Allen, Jr., Rutherford, argued the cause for appellants (Kipp & Allen, L.L.P., attorneys).

Richard J. Shackleton, Ship Bottom, argued the cause for respondent Buterick Bulkheading (Shackleton & Hazeltine, attorneys).

Daniel J. Cogan, New Brunswick, argued the cause for respondents Scott Lepley, Lepley Design Group, and Lepley-McCorry Architects AIA, P.C. (Hoagland, Longo, Moran, Dunst & Doukas, L.L.P., attorneys; Mr. Cogan and Richard W. Gaeckle, on the brief).


Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal addresses a discrete issue: whether, under the circumstances present in this matter, the Statute of Repose, N.J.S.A. 2A:14-1.1, should not commence until the issuance of a certificate of occupancy notwithstanding the completion of work by subcontractors at an earlier date. In this case, plaintiffs John and Laura Daidone acted as their own general...

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