Legal Question in Business Law in New Jersey

Unreliable Contractor/Contract

Three weeks ago we signed a contract to have several acres of fencing installed along with a horse barn.We stated that we wanted everything complete in 4weeks.He said that was not a problem. We negotiated a price, signed a contract and gave him a 50% deposit as he requested of $7500.00.After signing, the gentlemen said he would return two days later to measure for the fence poles.He did not show.I waited a few more days and began calling him.Leaving messages on his cell.I finally reached him March 17,(11 days later).He told me that he was picking up the fence on 3/18/04 and would be there Sat.the 20th. He did not show up on Saturday the 20th. I waited until Weds the 24th and called again. He said he was going to come on Thursday the 25th and that he just got his hole digger repaired and that he would be here 9:30...no show.

It is now three weeks with no fence in sight. The contract does not state any cancellation, completion or refund terms. Our 3 horses will be delivered within 10 days and I have no where to go with them. I will have to pay to board them at $350.per mnth per horse.Do I have any rights or am I at their mercey? Please Advise


Asked on 3/25/04, 2:05 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Unreliable Contractor/Contract

Hope the contract specified the completion date. If not, you could have a problem. If there is a completion date specified, you can get a new contractor and hold the original one responsible for any lossess or damages (such as increased costs) as well as the return of the deposit. If not, you may have to go to court and sue, and you will not know what is doing until you get a court decision. You may have to go to court anyway to get the return of your deposit if the fence is not erected on time. It sounds to me like you may have been ripped off as to the deposit.

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Answered on 3/25/04, 5:25 pm
Blair Lane, Sr Earp Cohn, P.C.

Re: Unreliable Contractor/Contract

The terms of the contract will apply. If there is no completetion or start date, I believe that a court will allow a reasonable time for the contractor to perform.

Did the contractor know the date your horses would be delivered?

Anything you do should be in writing.

Did he cash the check?

Your remedy may include getting another contractor, but you should give the current guy a deadline.

If he does not perform and takes your money you may be able to press criminal charges for theft by deception.

You should consult further with a lawyer before you take any steps.

Please feel free to call me.

856-489-4353

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Answered on 3/25/04, 6:12 pm


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