LCBF wins significant discovery ruling for general contractor in massive construction defect litigation

In Archstone v. Tocci Building Corporation of New Jersey, the Commercial Division of the Supreme Court, Nassau County issued a lengthy decision denying plaintiffs' claims that a certain forensic architect’s reports were privileged, noting that plaintiffs submitted sworn testimony that “smacks of revisionist history.” LCBF represents the general contractor in this suit brought by the developer/owner of a residential community in Westbury, Long Island.  The site consists of twenty residential buildings, a community clubhouse and several out-buildings, which were constructed at a cost of approximately $40 million.  Plaintiff alleges damages in excess of $70 million.  The LCBF team is headed by Dan Moretti.