Legal Question in Construction Law in New Jersey
Contractor Misrepresented Capabilities
I am in a contract to have my basement remodeled. I put $7000 down on a $14,500 job that would include framing, drop ceiling, and electric. All work was to be done to code. All contractors were susposedly licensed. We were advised by the contractor we would not need permits for this work. We found out we did and he had us obtain them in our name. The electric work failed inspection. The town wants the electrician to pull the permit and provide license info. After a different electrician looked at the work, the contractor is telling us we have to pay a $1700 ''assumption of responsibility fee'' for putting the permit in his name. It sounds like the 1st elec. was not licensed and the second is charging $1700 for the job. The contractor is responsible for all subcontractors. We refuse to pay since all electrical work to code is included in the contract. Our contractor will not return to work until paid. I want to sue for the 7000 + cost to repair the electric and framing. There is an arbitration clause in the contract, have I lost my right to sue? Is the contract no longer valid? I don't think arbitration will
get me what I feel I deserve and there will be no record of their fraud for other consumers to be made aware of. Help
2 Answers from Attorneys
Re: Contractor Misrepresented Capabilities
You can sue the contractor for breach of contract, negligence, fraud and Consumer Fraud Act claim (CFA). He's NOT allowed to ask for half up front, a CFA violation. Do yo have a written contract? Does the contract have a start and finish date, OR an approx. time frame?
From the similar cases I've seen, the contractor is probably not properly licensed, probably not insured, and there is a good chance he'll be very difficult to collect against - BUT, you have to file suit to find out. You will file in Special Civil part, and it should take 6-12 weeks to get to trial, and yo need to do some investigation to see if this guy has assets like a house yo ucan go after. Check the cancelled check to see where he banks and his account number, etc.
Move fast. Nail the SOB.
Re: Contractor Misrepresented Capabilities
This sounds a lot like another question recently posted.
I would need more specific information, but I can tell you that I have fought a couple of lawsuits against contractors, and they have to meet the requirements of the law or they are not entitled to get paid.
If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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