The Saiber Construction Law Column: May 2025

Saiber LLC
Contact

Court rules typically govern, among other things, court procedures, filing requirements, and timelines/deadlines for filing papers.  Failing to comply with court rules and procedures can lead to serious and potentially costly consequences which can affect the outcome of a case.  A recent case decided by the Supreme Court of Nebraska demonstrated how serious failing to comply with procedural court rules can be for a litigant.

In Peterson v. Brandon Coverdell Constr., Inc., a case decided by the Supreme Court of Nebraska in January 2025, homeowners hired a contractor to perform work on their home after a hailstorm. The homeowners eventually sued the contractor for failing to perform the job in a workmanlike manner and the contractor filed a counterclaim based on the homeowners’ failure to pay the contract price. Following the trial, the court ruled for the contractor after finding that the homeowner committed the first material breach of the parties’ contract. The homeowners appealed.

At the appellate level, the court reversed the trial judge’s decision and entered judgment for the homeowners, prompting the contractor to appeal to the state supreme court. The Nebraska Supreme Court reviewed the record and found that the homeowners failed to comply with several procedural rules when they filed their appeal and, as a result, certain issues raised on the appeal were not properly part of the record on appeal. The Supreme Court found that those issues, therefore, should not have been considered by the appeals court. Accordingly, for these and other reasons, the Supreme Court of Nebraska reversed the decision on appeal and affirmed the trial judge’s ruling in favor of the contractor.

Although New Jersey courts often frown upon cases being resolved on procedural grounds rather than on the substantive merits of a case, the Rules of Court, especially when appeals are involved, tend to be rigorously enforced. Deadlines are meaningful and important rights can be lost for failing to meet the deadlines set by the court rules or for failing to follow rules of procedure related to the appeal. Litigants and their attorneys should both be mindful of the New Jersey Court Rules’ requirements and make every effort to comply with them, particularly when an appeal is involved.

* * * * * * * * * * * *

Each issue’s Saiber Construction Law Column will discuss a recent decision by New Jersey courts (or courts from other states) or other legal topics which may be of interest to people in the construction industry.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Saiber LLC

Written by:

Saiber LLC
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Saiber LLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide