Legal Question in Business Law in New Jersey

Failure to perform on a construction contract

I went into contract to renovate my kitchen. The contract called for a 2 month completion and it actually took 5 months start to finish. I held back the final $1000.00. The company sent it to a collection agency. Can I sue them for non performance and recover damages?


Asked on 12/28/06, 9:37 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Failure to perform on a construction contract

WHAT NON-PERFORMANCE OR DAMAGES ARE PROVIDED FOR IN YOUR CONTRACT? IT APPEARS THEY COMPLETED THE PROJECT, ALTHOUGH LATE, SO THEY HAVE PERFORMED. THE QUESTION IS IF YOU SUFFERED ACTUAL DAMAGES BY THE DELAY? YOU SHOULD NOTIFY THE COLLECTION COMPANY THERE IS A DISPUTE AND TO DEFER COLLECTION UNTIL IT IS REOLVED. ONCE YOUR DAMAGES ARE CALCULATED, YOU SHOULD NOTIFY THE KITCHEN COMPANY OF YOUR CLAIM AND IF THEY DO NOT RESOLVE THE DISPUTE, GO TO COURT. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. OMITTED OR MISSING FACTS COULD RESULT IN A DIFFERENT RESPONSE.

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Answered on 12/28/06, 11:07 am


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