Legal Question in Construction Law in New Jersey

Prior to getting an incurance companies consetn to perform work ,Contractor went into home to perform services without prior consent. When I found out about the entrance he left the premises with wires sticking out of every recepticle and every light fixture.

Contrator would not go back and fix his mess.

I then recieved permission from the insurance company for him to perform the work and he went back in several weeks later. I was not able to use the house at all for this entire time.

I then signed papers to guarrantee payment but insurance comapny has not paid him yet.

I am now being sued for the money.

What are my defences. While I have never denied him the money, I did not origianlly allow him to go in and then when the insurance comapny approved the work he did go back in but several weeks later. I was under pressure to have this work done because he wan;t going back i to repair unless he was gettin paid.

I have contacted the insurance co several times but nothing has been settled. What are my defenses if any? I need to answer the compalint! the lawyer called a few weeks ago and he said he would contact the insurance co also. Now I am served with this complaint which really the contractor shold have never started in the first place.

I did, afterwards, sign for him to go back in , only after the work had been left there and I could not use the house.

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Asked on 10/17/09, 8:25 pm

2 Answers from Attorneys
Daniel Silverman Alan H. Schorr & Associates

You may need to bring the insurance company into the case in order to get them to act. The most important thing you can do at the moment is to file an Answer so that default will not be entered against you. You may want to consider filing an Answer and Third Party Complaint. In this situation, especially dealing with an insurance company you may want to speak with an attorney.

Also, the contractor's actions sound suspicious. Contractors are held to a very strict standard under the New Jersey Consumer Fraud Act and you may have a cause of action for a counterclaim. If you are interested in learning more about this, I suggest you contact an attorney. Many attornesy will take these types of cases, because they allow for treble damages and attorney's fees.

Good luck,

Dan

[email protected]

856-874-9090

DISCLAIMER:

I am NOT your attorney. An attorney-client relationship has NOT been created. The above is NOT legal advice and has been provided on an informational basis only. If you seek legal advice, consult an attorney in your area,

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Answered on 10/23/09, 9:11 am
John Corbett Corbett Law Firm LLC

Your answer should crossclaim against the insurance company. A lawyer can advise you as to whether you should also add a claim for insurance bad faith. 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 10/23/09, 6:43 pm


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