Damian V Santomauro

Damian V Santomauro

October 22, 2020 | New Jersey Law Journal

Converting Improper Termination for Cause Into Termination for Convenience

There are benefits to converting an improper termination for cause to a termination for convenience, particularly for an owner. But is this increasingly common approach fair to contractors?

By Damian V. Santomauro

9 minute read

July 11, 2017 | New Jersey Law Journal

Is NJ Inhospitable to Arbitration?

The 'Kindred Nursing' decision potentially has broad implications for jurisdictions, like New Jersey, that have repeatedly tested the scope of the court's jurisprudence in declining to enforce arbitration agreements.

By Caroline E. Oks and Damian V. Santomauro

17 minute read

February 05, 2013 | New Jersey Law Journal

A Duty To Inquire Under Lien Law

Suppliers of construction materials should be cautious when applying payments by purchasers, and take necessary steps to satisfy themselves that the payments are being applied to the correct project. Failure to do so can result in forfeiture of the valuable rights provided by the Construction Lien Law.

By Peter J. Torcicollo and Damian V. Santomauro

8 minute read

October 09, 2012 | New Jersey Law Journal

Individual Liability in Construction Litigation

There are several ways practitioners should be aware of whereby individuals can be exposed to significant personal liability in construction disputes even though the work on a construction project was performed by a business entity.

By Peter J. Torcicollo and Damian V. Santomauro

8 minute read

May 17, 2012 | New Jersey Law Journal

The Inferior Statutory Penalty Class Action

No-injury class actions under penalty statutes face substantial hurdles in satisfying the superiority prong of Rule 23(b)(3)

By Michael R. McDonald and Damian V. Santomauro

8 minute read

June 14, 2012 | New Jersey Law Journal

The Clock Is Ticking — Or Is It?

Clarifying the trigger date for N.J.'s Statute of Repose.

By Peter J. Torcicollo and Damian V. Santomauro

9 minute read

December 27, 2011 | New Jersey Law Journal

Businesses as Consumer Fraud Act Plaintiffs

The narrow contours of corporate standing under the CFA.

By Damian V. Santomauro

8 minute read

March 16, 2010 | New Jersey Law Journal

Carefully Drafted Indemnification Clauses Provide Significant Protections To Construction Contract Parties

While New Jersey affords broader indemnification rights than some other jurisdictions, obtaining that protection requires diligent attention be given to the language of the indemnification provisions to ensure that the clause comports with the law and the parties' expectations. The time spent carefully crafting such language will be well-served in the event injury or property damage claims arise on the construction project.

By Damian V. Santomauro and Robert J. MacPherson

8 minute read