Legal Question in Construction Law in New Jersey
Can a job be subcontracted without my consent?
I contracted with roofing company A to replace a roof on my newly purcgased home. My wife drove by the house multiple times and found that Company B was doing the work with now sign of company A. Company can not be found through BBB or even Yellow pages. Contract that we received used the word 'we' when refering to whom the work and contract would carried out by (Company A) there was no mention of the possibilty the job being sub'ed out. We contract with Company A due to their years of experience. Can a contract sub work out with telling the consumer he is doing so? Additionallythere was damage done to the house that was concealed using interior primer that Company B got by entering my home with out consent(while no one was home) and painting my aluminum sided house in multiple locations. The spots painted range in size from a few inches to a few feet in area. The roofer has come to my home and verbally assualted my wife(screaming things outside of the home like ''these are your new neighbors people, cheapskates!''(wife rang police). He rang me yesterday to offer a deal of $200 off job, but I would prefer to get estimates to fix the damage. I have with held the balance owed until I can work out the details. Thanks in advance,
Marc
1 Answer from Attorneys
Re: Can a job be subcontracted without my consent?
Unless a contract says no sub-contracting, they can do it, but Co. A is responsible for assuring work is performed properly as if they did the work. They are responsible for any and all damages, and tp put you in the position you were before the the damages.
Accept no abuse. You should put your demands in WRITING, do not do by phone. Tell them you want an explaination as to why they tresspassed in your home, why they put paint on your siding (I suspect they put marks on the siding and were trying to cover it up), that you expect the house to be properly repaired, and that they are NEVER to speak with our wife again - that ALL communication is to be put in writing.
You may need legal help at some point if you are getting a fight from Co. A, or if they continue to be abusive.
Good luck.
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