Legal Question in Construction Law in New Jersey
Contractor abandoned site but, after 6 months, wants the rest of the money
I hired a contractor in September 2003 to install the wood stove.
The total cost was supposed to be $3,500.
Work was performed very unprofessional, some stove parts are missing, chimney is crooked etc. However, in November 2003 I paid the $2,000 with the condition that the rest will be paid when everything is fixed. I have not heard from these people since that time. I wrote them a letter with the list of things to be fixed, called several times - nothing.
7 months passed and few days ago I received the letter saying that my balance of $1,500 needs to be paid.
I do not want to deal with these people anymore and would rather hire somebody else to fix this installation.
What is the best way to resolve this issue?
Thank you.
2 Answers from Attorneys
Re: Contractor abandoned site but, after 6 months, wants the rest of the money
Write to them, do NOT do nothing! Send it certified return reciept. Tell them you gave them the opportunity to do the work properly, and remind them of the problems with their work, the missing parts etc. Tell them you gave them the opportunity to return to properly finish the work, but they failed to return to properly complete the work as they had promised. Get estimates to properly complete the work. Tell them they are in breach of their contract, and you will not pay them any additional money, and that you anticipate the cost to properly complete the work will be in excess of the $1,500 balance, in which case, you will sue them for the difference.
In the mean time, you should find out the cost to repair & complete the work.
Worst case scenario, you have to pay them the balance if the cost to complete properly is less than $1,500. However, I suspect it will be more than the $1,500 balance to properly rework and finish the installation.
Good luck.
Re: Contractor abandoned site but, after 6 months, wants the rest of the money
I would add one thing to the good advice from Mr. Begley. Before any repair work is done, get some digital photographs showing the problems related to poor workmanship. Use a straightedge or plumb line in the photo where the problem is level or surface irregularities. Use a ruler in the photo where dimensions or scale are important. Take at least one photograph that shows the whole area so that you can point out where the detailed photographs come from. If you have a friend who is an engineer or in the construction industry, ask him/her to look at the site. This will preserve evidence of the problem that will be destroyed when another contractor corrects the problem.
The photographs and professional opinion will become important if it becomes necessary to prove your case in a court or in arbitration. First, they help to explain your problem so that the finder-of-fact can understand the issues. Second, they add to your credibility and make the proofs more than just your word against theirs.
I handle a fair number of construction disputes. The poor workmanship that is often the issue is frequently literally beyond belief. For example, in one case, a contractor built an addition to my client's house and left a 3/4 inch gap between the house and the addition that allowed wind and rain to blow into the structure. If I told the court that there was a 3/4 inch gap, the judge might think that it was an exaggeration. A picture that shows a ruler placed across the gap settles the issue.