Legal Question in Construction Law in New Jersey
Dec 2009 I contracted a roofing contractor to repair my leaking roof cost of $1000.00, well after said work was completed the roof leaked worse than it did originally,after repeated calls to roofer and many times he came over the leak was never fixed the last time he was over to my residence was April 27,2010 he looked and said he would be back. He never came back so after 15 or more calls to his business phone with my name,address,and phone number all went unanswered. So I contacted NJ State Consumer Affairs and they advised me to send him a registered letter so I did well today he rang my bell with all sorts of excuses why he never came back so he agreed to come back this Saturday to make one last repair. Now here is my question If this repair proves to be not a fix and I ask him for my money back does this let him out of his contractual agreement or if I have to get a second contractor and they charge me would I be able to make him pay for this second repair bill Thank You Rich
1 Answer from Attorneys
OK Rich, think! Does it make sense that someone can perform work, for the work to have problems, even after repairs, and for the contractor to be able to then make a statement and terminate his obligations? No! The Statute of Limitations for breach of contract is 6 years. There is also a 98% chance the contract he used is deficiant, and in violation of the Consumner Fraud Act. More importantly, you need to document what has happened, determine if you think the contractor can EVER properly fix the problem. If not, YOU give HIM one last chance to fix the roof, in writing, advising him that if he can not fix his own work, you will be hiring another contractor to fix his work, and you'll backcharge him (and sue him if necessary) for your additional costs and any damages. The problem is $1,000 is not worth hiring an atty to sue.
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