Sunny focuses her practice on the defense of design and construction professionals, both independently and through their insurance carriers, in complex construction defect suits asserting a variety of claims, such as building and design-related deficiencies.
These large and complex construction defect suits often involve multiple parties in which issues of code violations, negligence, breach of contract and fraud are at issue, as well as insurance coverage claims under GL policies. Similarly, Sunny defends contractors and design professionals in claims involving construction site accidents. She also defends manufacturers in product liability actions.
In addition to the above, Sunny regularly handles environmental claims and serves as counsel in litigation involving leaking underground storage tanks, groundwater contamination, and claims pursuant to the New Jersey Spill Compensation Act.
Sunny has brought a significant amount of litigation experience with her when she joined the firm in 2005. Prior to joining the firm, Sunny was a construction litigation attorney who represented builders and contractors in complex construction defect suits. Prior to gaining experience in the construction litigation arena, Sunny briefly focused her practice in ERISA litigation handling health, life and disability benefit claims and the defense of insurance companies in connection with said claims.
In 1997 Sunny received her B.A. in Political Science from Seton Hall University. She then entered Widener University School of Law and received her juris doctor in 2000. Following law school, she served as judicial secretary to the Honorable Sallyanne Floria, J.S.C. in the Chancery Division, Family Part, Essex County, New Jersey. She is a member of the New Jersey State, New York State and Essex County Bar Associations, and is the Northeast Regional Associate for the Women's Construction Litigation Alliance, a non-profit organization devoted to expanding the role of women in construction defect litigation.
•Statute of Repose and PREDFDA in New Jersey Construction Defect Law, Construction Defect Claims Manager Association, March 2013
•Construction Defect in the State of New Jersey, Construction Defect Claims Managers Association, March 2013
•Case Law Alerts, contributor, 2011-2012
• If You Build It, They Will Sue, New Jersey Law Journal, March 27, 2006, co-author
• If You Build It, They Will Sue: Construction Defect Litigation In The Garden State And The Trend Of Alternative Dispute Resolution, Defense Digest, Vol. 11, No. 4, December 2005, co-author
Lawsuit dismissed after election of new home warranty arbitration remedy. Law Alerts January 1, 2012
The court dismissed a homeowner's suit after the homeowner initially filed a warranty claim. While the homeowner never proceeded to the available arbitration process under the New Jersey New Home Warranty and Builders' Registration Act,..., Case Law Alert, 1st Qtr 2012
Regulatory violations under the Consumer Fraud Act resulted in award of attorney fees. Law Alerts January 1, 2012
The Appellate Division reversed a trial court's decision to not impose personal liability on the owner of a residential construction company under the Consumer Fraud Act. In imposing personal liability, the court found that the owner..., Case Law Alert, 1st Qtr 2012
Regulatory violations of the Consumer Fraud Act can result in individual liability. Law Alerts January 1, 2012
The New Jersey Supreme Court further clarified when an individual owner or employee of a company may be liable under the Consumer Fraud Act (“CFA”). In Allen, the Court first held that it was “clear” that an individual who..., Case Law Alert, 1st Qtr 2012
Public entity can reject low-bid contractor after bid accepted and contract signed. Law Alerts July 1, 2011
Bids were accepted, and a contract was awarded for improvements to a solid waste facility. Subsequent to the signing of the contract, the second-lowest bidder, Cetco, challenged the awarding of the contract, claiming that certifications of..., Case Law Alert - 3rd Qtr 2011
Violation of covenant of good faith and fair dealing when relying on pay if paid clause to avoid payment to subcontractor. Law Alerts January 1, 2011
This case addresses “Pay-if-Paid” clauses. Such clauses are sometimes included in subcontracts and state that a general contractor has no duty to pay a subcontractor until the general contractor has been paid by the owner for the work performed by..., Case Law Alert - 1st Qtr 2011
Award for consumer fraud damages and associated attorney fees vacated when no “causal link” found between the violation of the consumer fraud act and the damages suffered by the homeowners. Law Alerts January 1, 2011
This case dealt with a dispute when a homeowner stopped making payments to the contractor who was constructing a first-floor extension and second-floor addition. The contractor filed suit, and the homeowner counter-claimed for costs to repair the..., Case Law Alert - 1st Qtr 2011
Principals of a company can be individually liable for a consumer fraud violation upon proof of personal participation in the particular regulatory violations at issue. Law Alerts January 1, 2011
This case dealt with personal liability of a home improvement contractor under the Consumer Fraud Act (“CFA”). In this case, the trial court dismissed the individual defendants and only imposed liability upon the corporate entity for the CFA..., Case Law Alert - 1st Qtr 2011
No individual liability for an owner in an arbitration, despite the fact he failed to raise a timely objection to his inclusion in the arbitration, because the arbitrator did not set forth a legal basis for individual liability. Law Alerts January 1, 2011
In this case, the homeowner was alleging a breach of contract for the repair and remodeling of a home. The homeowner's arbitration demand named both the contracting company as well as its owner individually. The owner never objected to his personal..., Case Law Alert - 1st Qtr 2011
Honors & Awards
•New Jersey Super Lawyer Rising Star, 2010-2013
Year Joined Organization