Legal Question in Construction Law in New Jersey

Contractor Stalling in fixing problems

My problem started when I hired a remodeling firm to add a small addition to my home. Signed contract in April. They broke ground at end of June. One sub sent declared my 8 week project done in mid-August(Undone). Since the start we have gotten water in the foundation. We have called the company owner to no avail. He always responded that he trusted his installer to fix things. There was always a pattern of no shows when he stated he would be onsite. Now company has sent another sub to try to fix things and we are getting the same pattern. Water at every rain or snow melt. This sub comes once in a while, does something then promises to return to compete on a certain day and never does. The owner(who we signed the contract will not take our phone calls at all) Our only contact is secondhand thru this sub. How long does he have to make things right or can he continue to play this game as long as he wants while we have to deal with not being able to use the stairs in our addition?Also,when his warranty runs out, can he run out and tell us tough? We haven't even settled a broken contract or damages unrelated to contruction area.

Thanks for any help.


Asked on 2/14/04, 9:29 am

1 Answer from Attorneys

Re: Contractor Stalling in fixing problems

DOCUMENT EVERYTHING in writing. Notify the contractor that the work is incomplete and/or not completed in a good and workmanlike manner. Give him 7-14 days to contact you and work out an agreement giving them ONE last chance to correct their work by a fixed date. Spell out your agreement as to how and when they will fix the work as an agreement, and get it signed. If they do not do it, contact the building inspector (permits must have been taken out, and they are only good for 6 months). Speak wo and write to the Better Business Bureau, contact their insurance carrier (they WERE insured, right!), and get an atty to help you file suit.

You MUST document EVERYTHING in pictures and writing. You MUST give them a final chance to fix the work with a drop dead date, and you MUST bewilling to cut them off and go all the way, OR they won't think you are serious, and they will drag this out until you give up, because it's harder to fight them than give up. They may also PLAN on going out of business every 3-5 years when the law suits make staying in business unfeasable. They will form a new company the next day, if they haven't already.

Act NOW, be firm, put it in writing, and do what you say you will do to force them to perform, or get stareted chasing them for money to fix your problems.

Good luck.

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Answered on 2/16/04, 6:12 pm


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