STATE v. PERINI CORPORATION

A-121, A-122, A-123, A-135 September Term 2011, 070558

113 A.3d 1199 (2015)

221 N.J. 412

STATE of New Jersey, Plaintiff-Respondent, v. PERINI CORPORATION, L. Robert Kimball & Associates, Inc., Perma-Pipe, Inc., Natkin & Company, Jacobs Facilities, Inc., Successor-in-Interest to CRSS Constructors, Inc., Fidelity and Deposit Co. of Maryland, Swiss Reinsurance America Corporation, Successor-in-Interest to North America Reinsurance Corporation, Munich Reinsurance America, Inc., Successor-in-Interest to American Re-Insurance Company, United States Fidelity and Guaranty Company, Defendants-Appellants. State of New Jersey, Plaintiff-Respondent, v. Perini Corporation, L. Robert Kimball & Associates, Inc., Natkin & Company, Jacobs Facilities, Inc., Successor-in-Interest to CRSS Constructors, Inc., Fidelity and Deposit Co. of Maryland, Swiss Reinsurance America Corporation, Successor-in-Interest to North America Reinsurance Corporation, Munich Reinsurance America, Inc., Successor-in-Interest to American Re-Insurance Company, United States Fidelity and Guaranty Company, Defendants, and Perma-Pipe, Inc., Defendant-Appellant.

Supreme Court of New Jersey.

Decided April 30, 2015.


Attorney(s) appearing for the Case

Andrew J. Carlowicz, Jr. , argued the cause for appellant L. Robert Kimball & Associates, Inc. (Hoagland, Longo, Moran, Dunst & Doukas, New Brunswick, attorneys).

Peter J. Smith argued the cause for appellants Perini Corporation, Fidelity and Deposit Co. of Maryland, Swiss Reinsurance America Corporation, Munich Reinsurance America, Inc., and United States Fidelity and Guaranty Company (Connell Foley, attorneys; Mr. Smith and Thomas J. O'Leary , Roseland, on the briefs).

James T. Malysiak , a member of the Illinois bar, argued the cause for appellant Jacobs Facilities, Inc. (Margolis Edelstein, attorneys; Bruce E. Barrett , on letter in lieu of brief).

Vincent P. Tomkiewicz , a member of the Illinois bar, argued the cause for appellant Perma-Pipe, Inc. (McLaughlin & Cooper, attorneys; Mr. Tomkiewicz, William F. Hartigan, Jr. , and Edward F. Ruberry , a member of the Illinois bar, on the briefs).

Christopher A. Edwards , Deputy Attorney General, argued the cause for respondent ( John J. Hoffman , Acting Attorney General of New Jersey, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Edwards, Wayne J. Martorelli , Deputy Attorney General, on the briefs).

Patrick J. Greene, Jr. , submitted a brief on behalf of amicus curiae Building Contractors Association of New Jersey (Peckar & Abramson, attorneys; Mr. Greene, Charles F. Kenny , and Frank A. Hess , River Edge, on the brief).


In this appeal, the Court must determine when the ten-year limitations period of the statute of repose, N.J.S.A. 2A:14-1.1(a), begins to run with respect to the installation of a high temperature hot water (HTHW) system of a multi-phase construction project. In addition...

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