Legal Question in Construction Law in New Jersey

Home Contractor Contract Question

We had a company come out and waterproof our basement by installing a french drain. They told us they had to put a drainage line down the center of the basement next to the support columns because that is a common source for water proiblems. When they jack hammered the floor next to (3 inches) the support columns they must have disturbed the underlying support structure of the columns. Immediately the door to the basement would no longer close and we are now noticing large cracks in the sheetrock at the top of other doorways and you can even see how the sheetrock is shifting because the tape is now rippled. They stated they did not cause the problem and their contract does have a statement that they are not responsible for any foundation or structure damage to the home. My feelings are that they cuased this problem and they should be held responsible to fix no matter what. I can state a bunch of things in a contract but that does not mean it is legal. What are your thoughts on this, are they not responsible because the contract says this??

The home and contractor are in New Jersey.

Thanks


Asked on 11/08/07, 2:03 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Home Contractor Contract Question

Your immediate problem is to get the foundation stabilized. While you are doing that, make sure that the engineer that you hire knows that the matter is likely to go into litigation. Notify your insurance company (now) of the situation and make a homeowners claim. If your house is still covered by a warranty, notify that insurer too (now)and make a claim. Be sure to disclose everything to the insurers. The purpose of the claim is to preserve your rights not to deceive them into paying for damage that the contractor caused. While you are doing all that or even before, you may want to give me a call.

Odds are you will wind up in litigation with the waterproofing company. Whether the exculpatory clause works for them is a toss-up. It depends on both the contract language and whether the judge buys into it. My best guess is that you will win on that issue but it's hard to tell without knowing more.

It seems to me that you can't afford not to act on this. 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 11/10/07, 9:12 pm


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