Legal Question in Construction Law in New Jersey

Construction Problem

Installation of a kitchen was 1 1/2 months late due to a verbal date-noit written. Customer asked for deposit back even though job had been started. Contractor refused and customer filed crimnal charges of fraud. Contractor attempted to make an agreement with the customer and his attorney to complete the kitchen in two weeks. He was two days late and the customer has refused installation and requests depost back. Contractor had completed kitcehn and cannot afford to lose all the monies due him because of contruction , material and salary costs. It is believed that this customer is seeking the kitchen at a reduced price of free. It has been found this customer has been defrauding other contractors and has even fired his attorney and is suing him for malpractice claiming the attorney made the agreement with the contracor without his approval despite the fact that the customer verbally acknowledged the agreement numerous times and acted upon all the terms of the agreement other than depositing the final payment in his attorneys trust account as per the written agreement. Will a court hold the contractor liable for two days late and order him to return a deposit on a completed job


Asked on 4/08/08, 1:47 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Construction Problem

Dates in construction contracts are interpreted liberally by the courts unless the contract is very specific in saying that they are to be strictly construed. That is only common when there are both daily penalties for lateness and usually incentives for early completion.

The contractor should seriously consider filing a construction lien which must be done within 90 days of performing the last work or supplying the last materials under the contract. It takes time to prepare the lien documents, so don't back your lawyer into the wall by waiting too long.

The contractor should also consider filing suit if the amount owed is large enough to warrant it.

Unfortunately, there are people who will try to take advantage in the way you describe. The only good way to deal with it is to go after the money.

My firm handles matters of this type. 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 4/08/08, 2:24 pm


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