Norris McLaughlin & Marcus, P.A.

Blogs > NJ Real Estate Dispute

evidence

Feb 22, 2011

How an Owner Can Spoil a Potentially Good Damage Claim

Guest Blogger: Andrew Linden

As we discussed in our prior entry, How a Commercial Landlord Can Avoid Spoiling a Potentially Good Damage Claim, a landlord/owner has a duty to preserve evidence of alleged damages to its premises in order to avoid a claim of spoliation. Shortly after we posted that entry, the Supreme Court of New Jersey addressed the issue of spoliation in a dispute between a building owner and its contractors.  » Read More

Jul 12, 2010

How a Commercial Landlord Can Avoid Spoiling a Potentially Good Damage Claim

Guest Blogger: Andrew Linden

As any commercial landlord knows, tenants not only leave behind their “stuff,” they sometimes leave behind damages to the premises that a landlord may feel exceed normal wear and tear.  This often leads to heated disputes between the parties and, yes, even lawsuits.  When making repairs to damaged property under these circumstances, landlords must keep in mind the concept of spoliation of evidence, which is a fancy way of describing the intentional or negligent withholding, hiding, alteration or destruction of evidence relevant to a legal proceeding.» Read More

Subscribe

Name
Email *