Thank you for your follow-up, Kerry, and thank you for the opportunuty to respond.
The reason I ask is because in the state of New Jersey, professional malpractice claims such as this have a 2 year statute of limitations from the date the injury took place, OR from the date the injury reasonably should have been discovered. That latter part is tricky because typically an inspection is deemed sufficient prior to sale and that 'may' cause the 'reasonable inspection' argument to be used by the other parties successfully and avoid liability. Since the home is 8 years old, I am more concerned over the 2 year statute than the potential Alter Ego arguments simply because this cause of action
may have took place so long ago that the courts could refuse to hear it on grounds that it is beyond the threshold.
In terms of setting up separate companies, that is very common in the industry; it does not always mean that piercing the veil is possible unless there are grounds to show that the entity was being run in a manner that would give the Alter Ego argument validity.
The potential argument over the companies not being at arms length is good, but I am not sure I see enough here up-front to even bring this up as a legitimate suit. Sorry for the potentially unwelcome news, but until you can prove that the defect was so latent that it could not be reasonably discovered, you might not have a direct cause of action here.
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