New Jersey Supreme Court Empowers Municipalities to Enforce UCC in New Construction

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DKM Residential Properties Corp. v. The Township of Montgomery


New Jersey's Supreme Court unanimously ruled yesterday, reversing a previously issued lower court ruling, that municipalities are in fact empowered to enforce New Jersey's Uniform Construction Code against builders, developers and contractors even after a home has been sold and occupied by the owner.

New Jersey's builders, developers and contractors had argued that once a new home is sold and then occupied by the owner, only that owner, and not the municipality could enforce the Construction Code. As a result of this decision, municipalities now have the ability to penalize builders, developers and contractors for construction defects plaguing homes and condominiums even after those homes and condominiums have been sold.

You can read the New Jersey Supreme Court Decision here.

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