Town of Kearny v. Brandt

This construction dispute requires the Court to consider two issues: 1) when a building can be considered substantially complete for purposes of calculating the ten-year period of the statute of repose, N.J.S.A. 2A: 14-1.1(a), and 2) whether the Comparative Negligence Act, N.J.S.A. 2A:15-5.2, and the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-2, authorize allocation of fault at trial to defendants who have obtained dismissals pursuant to the statute of repose, N.J.S.A. 2A:14-l.l(a).

Following structural failures in its public safety facility, plaintiff Town of Kearny (Town) sued the…