CAI-NJ May 2017

Ansell attorneys, including Mark Wiechnik, a partner in our community association law group, have been named as Super Lawyers or Rising Stars by the Thompson Reuters publication. David J. Byrne, Esquire was a contributor to the New Jersey AssociationHelpNow™ Condo/HOA Primer by Raymond Dickey. What trends do you see for the Community Association industry? With the decision in the Cypress Point case, insurance car- riers can no longer claim to not cover poor workmanship. The fact that a general contractor is out of business is no longer an issue, as long as they have Commercial General Liability insurance policies. However, the question will now focus on what is covered, i.e. what consequential damage resulted from the defective work? That will force Association’s to further evaluate their construction defect claims and do even more specific expert work in relation to any litigation they choose to file. Additionally, if the economy continues to improve – or hopefully heats up – and consumer confidence continues to rise, perhaps there will be increased demand for new hous- ing. That demand would like be filled by planned unit devel- opment housing, high density and in urban areas. Perhaps a residential construction boom is on the horizon. In a landmark case, Cypress Point CondominiumAssociation Inc. v. Adria Towers LLC, AGA attorney Mark Wiechnik suc- cessfully argued before the New Jersey Supreme Court that, under a plain reading of the contractor’s standard insurance policy, consequential damages to the common areas of the condo complex and unit owners’ property caused by sub- contractors’ defective work are “property damage” and an “occurrence” and should be covered by a general contractor’s insurance. For the homeowners of Cypress Point the decision will provide the necessary funding, through its insurance claims, to correct longstanding issues with the property. For associations throughout the state the decision should make it far easier for them to recoup the cost of repairs necessitated by shoddy construction. n Are there any employees who have received any national designations or distinctions?

Courtesy CAI-NJ.

David J. Byrnd, Esq.

Mark Wiechnik, Esq.

in connection with the way we handle these matters while balancing the client’s need to manage and limit its legal fees and costs. In the end, we help our clients create a ‘culture of payment’ in and throughout their communities and buildings. What would someone be surprised to learn about your company? The 1980 movie Act of Love, starring Ron Howard, Mickey Rourke, and Robert Foxworth, is based on the successful defense of Lester Zygmaniak by retired AGA partner Robert Ansell. In 1973 Zygmaniak was acquitted in the mercy killing of his brother George who had been paralyzed from the neck down in a motorcycle accident in June of that year. Lester ended his brother’s life by shooting him in his hospital bed in Jersey Shore Medical Center “in full view of the nurses and five other patients,” according to a November 5, 1973 Associated Press account of the trial. Robert Ansell argued that Lester was temporarily insane at the time of the shooting and after two-and-a-half hours of deliberation, the jury acquitted him based on that defense. Earlier this year Rich Linderman was honored by the New Jersey Chapter of CAI as its author of the year for his article “The Changing Shape of Our Neighborhoods”. He also was honored as a member of CAI’s Editorial Committee which was selected as Committee of the Year. Professionally, Ansell’s lawyers have been recognized as among the top performers in their fields repeatedly by industry organizations and publications. This year seven Have you or your firm received any recent awards or certifications?

See the complete list of Ultimate Sponsors on page 2 of this issue.

59

M A Y , 2 0 1 7