DKM Residential Properties Corp. v. The Township of Montgomery

Reversing a previously issued lower court ruling, New Jersey’s Supreme Court unanimously ruled that municipalities are empowered to enforce New Jersey’s Uniform Construction Code against builders, developers and contractors guilty of construction defects, even after a common interest community unit or 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 subsequently owner-occupied, the Construction code could only be enforced by the owner. 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.