Legal Question in Construction Law in New Jersey

I am a mason in New Jersey. I did some work for a home builder on a few jobs. We never had a written contract but I would give him my quote and he would pay me when I was done. On the last two jobs I did he refused to pay me. I figured just sue the guy but I got scared off by what some other contractors told me about the law here in NJ. I am afraid if I sue him that the consumer fraud prevention act will entitle him to 3 times damges if he says my work was not up to snuff. Should I just take this one on the chin or would it be worth it to sue the guy. BTW, I think I did a nice job.

Asked on 3/29/11, 1:51 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

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If you were my client, I would not be afraid to file suit for you under the circumstances that you describe. The Consumer Fraud Act is indeed a broad, protective piece of legislation but it is targeted against statements and misleading conduct that are part of the contracting process. As a routine matter, defense counsel will consider the CFA and will probably include a consumer fraud counterclaim but it is doubtful that the court will buy into it since the issue is not about the representations that you made.

See also: http://info.corbettlaw.net/lawguru.htm

Answered on 3/29/11, 2:30 pm

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