Legal Question in Business Law in New Jersey
Masonry/contractors liability.
6/22/1999
I am writing on behalf of my husband who is a sub-contractor in the masonry
business. He has two primary concerns that needs immediate attention.
1) he was hired by a builder to do all phases of masonry on a house
in NJ. After all work was completed, the builder notifies husband that the potential buyers are reneging on the deal due to a "crack" that formed in the driveway. Husband went back and fixed the crack. Now the builder has said that the buyers are suing my husband due to the crack and they refuse to purchase the house. I contact my husband's business insurance co. and they conveyed the buyers have no case. Please advise.
2) Husband also is a buyer of materials, hence materials purchased in advance is extremely expensive. The verbal agreement is: husband buys material, bills the builder last day of the month, then one month later, husband receives check for the materials and labor. In lieu of question #1, his concerns are "what if" the builder defaults or reneges on any of the properties husband already paid for in advance? How will husband retrieve the monies/labor time lost? Kindly reply to this at your most earliest convenience.
1 Answer from Attorneys
Re: Masonry/contractors liability.
It appears to me that the home buyer is just looking for an excuse to back out. The question gets complicated because the contractor is apparently blaming your husband for what appears to be the unreasonable position of his buyer. Depending on the timing of what has been done, your husband may have a right to file a lien against the property to protect his interest. Ultimately, he may have no choice other than litigating this in order to recover what is due to him. There are many factors here, however and a proper answer cannot be given unless all of the particular facts are explored. You may want to immediately consult with an attorney to find out what your rights are. If you want me to assist you, feel free to call me at 856-546-8010. Good luck!
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