Legal Question in Construction Law in New Jersey

charges in excess of stated contract costs

What obligation does a contractor have to inform a home owner, in advance, that:

a: contractor is about to perform work he feels is not covered by contract

b: extra cost of the work for part (a)

so that homeowner can instruct the contractor NOT to do the work that will cost homeowner extra money?

A contractor recently handed us a bill for $7,000 of ''extra'' billing on a $30,000 contract. At no time did the contractor inform us that he was doing work that he considered above the contracted work and at no time did the contractor inform us of the cost of this alleged extra work?


Asked on 12/14/07, 4:41 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: charges in excess of stated contract costs

You are not obligated to pay for extra work unless you knew that the work was being done and that the contractor expected to be paid extra for it. In that case, the contractor's recovery is for the fair value of the additional work performed. Such cases are often decided against the contractor. However, you should be aware of the fact that the contractor does not need your permission to file a construction lien. In the event that this happens, you may need to act to have the lien discharged. The amount involved seems worth litigating with the help of a lawyer. Your mortgage lender may require you to act promptly to remove any such liens.

Considering the amount in controversy, it would be appropriate for you to consult with a lawyer now. It may be possible to avoid a conflict altogether if you do that.

My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/14/07, 5:29 pm


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