Legal Question in Construction Law in New Jersey

Home warranty arbitration

Have been dealing with builder for 18 months on mutilple construction defects in 3 condos we own and common areas. had arbitration hearing we won on all but 1 issue which is the most important. Kitchen countertop is not level in previous attempts to fix the builder put holes in the wall the laminate is torn off and it is approx 1' from wall all around. the approx cost is 2500. we have numerous documents where the builder said he would replace (never did), the arbitrator went by the warranty list, as complicated as they are I thougt he would obviously see the defect and subsequent damage. Now I am told we have no recourse. During the arbitration the builder was not allowing us to explain the defect and I thought this would be a given fix under the warranty. I have been interviewed by njSCI investigating builders etc. and have been in close contact with state authorities but now feel I have run out of contacts. The builder is not trustworthy and has committed several ''crimes'' against me such as a imposter posing for the warranty co. having me followed and hit in a parking lot 3 times. Any info would be greatly appreciated we are running out of steam.


Asked on 10/30/04, 1:41 am

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Home warranty arbitration

You need to retain an attorney to advise you. Please contact me, see below, or at 973-605-8995 if you wish to discuss retaining my services.

Your attorney can review the relevant documentation, i.e. your contract(s) and other paperwork, other evidence, etc. concerning your claims.

You indicate that you submitted this particular claim to arbitration and lost. Ordinarily, adverse arbitration decisions are very difficult to challenge in court, although in some slim circumstances it might be possible. In order to determine whether the arbitration was flawed to the extent that further litigation might be possible, your attorney would need to review a copy of the transcript of the proceedings, if such a transcript is available.

You apparently have been involved in this dispute for 18 months (at least), yet presumably did not want to use an attorney, and I assume you did not use an attorney in the arbitration. An attorney may have been able to help you win your case. An attorney may still help you get some relief, but you do have to actually hire an attorney if you want the attorney's services.

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Answered on 10/30/04, 8:35 am


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