Legal Question in Construction Law in New Jersey
Home Improvement Gone Bad NJ
Hired a contractor to put addition on house (add a level). Works fine until midway he left jobsite for 3 weeks! He returns to continue work and then asks for more money. I have 2 payments left one for $25,000 and $15,000. The $15,000 is agreed btwn us as a wash for vanity, fixtures and tile allowances which aren't deducted yet. This leaves one left of $25,000. Offer him $12,000 to pay HVAC subcontractor and connect HVAC unit. 3 weeks later leaves me an invoice for more money listing HVAC sub not paid. Also had gutter sub call for money and plumber wants to put lien on my house. It seems he's not paying subs. Now my contractor wants the remaining money, or final payment, to pay his subs because ''it's a tight budget'' or he's suing me?! How do I fire this guy and do I owe the subs?
3 Answers from Attorneys
Re: Home Improvement Gone Bad NJ
You should be very careful in this situation that you don't wind up paying him and still owing the subs. That can happen if you don't manage the situation carefully. Stop and get representation while you still have money in hand to have the work completed. It is still possible for you to get the work completed but you need to consult with a lawyer experienced in construction claims to help you.
My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. (You didn't list you Zip Code.) If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Home Improvement Gone Bad NJ
I have read what you wrote, and what the other attorney wrote. John Corbett, as usual, is completely correct.
Stop. Do not pay another dime to the contractor UNTIL you sit down with an attorney. Failure to timely pay subs is a BIG problem.
If you are in northern Jersey, I can help. You want to get some advice NOW, before this gets much, much worse.
Please call my office if I can assist you. You can then decide how you would like to proceed.
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: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.
Re: Home Improvement Gone Bad NJ
I agree with the other attorneys. This is common behavior. The contractor can be competent, but he does not know how to bid or manage work. Sorry, but you have less than a 50:50 chance you will get your work completed for the original amount contracted. The only chance of getting the job done right, on budget and timely, was when he first delayed the work - time literally IS money. So, IF you want to get your job done, you will need to take control. You must become his biggest problem, and offer him a way out. He will either give in or he will become belligerent and walk, but you can not control him, only yourself. If you can not play hardball, you will need to get help (yes I know, more $$$ pissed away, but it is what it is). You must also put EVERYTHING in writing, including confirming all conversations in writing. 1) put the history, including dates in writing to him, and demand he return to complete the work, give you proof of payment of subs, or a list of all subs with numbers so you can confirm payment of subs, and promise final payment as soon as the work passes inspection - send it by fax, snail-mail and CRR mail. This establishes a baseline IF future litigation is involved. 2) if you can, get someone familiar with construction to look at the work, tell the township inspectors of your concern (sometimes they will try to point out possible problems, or make sure the contractor finishes work properly, but not all twp. employees are competent either. 3)WHEN the work is done, you may not actually want to pay him right away or in full, until you can be sure the work was done adequately, which may mean living with the work for a month or so. Generally, you will probably need help, and IF any liens are filed... well 50% of the time, they are NOT properly filed, so you can have them removed, but that does not prevent law suits. - Good luck!
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