Legal Question in Construction Law in New Jersey

Bad Contractor

I contracted to have an addition built in early July 2004 and the completion date was Sept 17. Work is still not done. I have been threatened with sub-contractor liens. At this point there is not much work left...finish exterior, trim work, and garbage clean-up. I can't get good dates on when job will be complete from the GC. He does not return my calls. The only way for me to speak with him is to drive to his office and then he tells me he will have workers out there and that rarely happens. We have missed countless number of days from work waiting for workers that never show.

I have 2 questions:

What are my options in dealing with this contractor, what can I seek in damages.

If and when work is complete and he gives me a full lien release, does this relieve me of responsibilities to the subs.

Thanks

--name removed--


Asked on 12/28/04, 7:49 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Bad Contractor

At this stage, your approach should be more governed by practicality than legality. First, document everything that has not been done or is in dispute. Photographs are good evidence. Second, be sure that you have a document trail that can demonstrate that you have made demands on the contractor. Give the contractor a firm deadline to complete all work and put that deadline in writing. Third, don�t pay anything else until you are satisfied that everything has been done correctly and the subcontractors have been paid.

Your question indicates some confusion about the subs. The GC cannot give you a release. If there are subcontractor liens, only the subs can release them and you should not pay anything more to the GC until this has been done.

You options are (1) await performance; (2) rescind the contract and get someone else to complete the work.

If you rescind the contract, you are theoretically entitled to damages measured by the additional amount that you have to pay someone else to complete the work. As an engineer as well as a lawyer, I have to tell you that it is easy to get a judgment and very hard to collect in cases such as this. I hope that you have retained a sufficient amount from your final payment to make up for the work that needs to be done.

If I can be of further help to you, please call me at 856-767-0910.

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Answered on 12/29/04, 10:52 pm


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