Hackensack, NJ (July 31, 2025) – Rawle & Henderson Of Counsel Richard T. Imossi was victorious on June 24th in New Jersey Appellate Court for his construction company client, in a negligence/breach of contract case involving a burst water pipe in plaintiff’s new multifamily property.
Rawle’s construction client was responsible as a subcontractor for plumbing and mechanical work. Six weeks prior to the occupancy, a hot water pipe detached, causing extensive damage throughout the property for which the plaintiff sought consequential damages in the form of lost rent.
The Appellate Court upheld the lower court’s rulings that plaintiff’s negligence- based claims were barred by the Economic Loss Doctrine, because the claims asserted were essentially contractual in nature. The plaintiff’s breach of contract claims also failed because the plaintiff was deemed to be a third-party beneficiary to the contract between the client and the primary contractor, which contained a waiver of consequential damages. Plaintiff’s breach of contract claims were also dismissed due to the lack privity. After the Appellate Division’s decision, Rawle’s client remained dismissed from the lawsuit.
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