DIAMOND BEACH v. MARCH ASSOCIATES

DOCKET No. A-1704-17T1.

199 A.3d 306 (2018)

457 N.J.Super. 265

DIAMOND BEACH, LLC, Plaintiff, v. MARCH ASSOCIATES, INC., Louis March, Sr. and Jewel Contracting Co., Inc., and V.A. Spatz & Sons, Inc., Defendants. March Associates, Inc., and Louis March, Sr., Third-Party Plaintiffs, v. Stewart Kleiner, Edward Kleiner, Leon Kleiner, TKG Management, LLC, The Kleiner Group, LLC, KNS Building Restoration, Inc., Enviroscape, Inc., City/Newark Glass Company, Dorant/Tatrow Associates, Inc., Sealtite Systems, Inc., Brian Trematore Plumbing & Heating, Inc., Allan Briteway Electrical Contractors, Inc., Sloan & Company, Inc., C.A.W., LLC, S.A. Comunale Co., Inc., Sparta Steel Corporation, K.F. Mechanical, LLC, Advantage Supply Corporation, Grafas Painting Contractors, Inc., Giacomelli Tile, Inc., and Innovative Closet Designs, Inc., Third-Party Defendants. Sloan & Company, Inc., Fourth-Party Plaintiff-Appellant, v. Diamond Beach, LLC and First Indemnity of America Insurance Company, Fourth-Party Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 2018.


Attorney(s) appearing for the Case

Anthony J. Davis argued the cause for appellant (Nicoll Davis & Spinella, LLP, attorneys; Anthony J. Davis and Steven C. DePalma , Paramus, on the briefs).

Bruce D. Meller argued the cause for respondents (Peckar & Abramson, P.C., attorneys; Bruce D. Meller and Patrick T. Murray , River Edge, on the brief).

Before Judges Fasciale, Gooden Brown and Rose.


The opinion of the court was delivered by

In 2011, the Legislature substantially amended multiple sections of the Construction Lien Law, N.J.S.A. 2A:44A-1 to-38 (the 2011 amended CLL). This appeal requires us to decide whether N.J.S.A. 2A:44A-6(a)(1) and N.J.S.A. 2A:44A-8 (the signatory-requirement amendments) apply retroactively...

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