Legal Question in Construction Law in New Jersey
Settlement Consumer Fraud
Filed suit against builder and architect due to construction defects and code violations, city is suing all parties. Five years later they have approached settlement before trial (fraud is proven) what numbers would plaintiff use to begin the negotiations? any damages? would plaintiff be better off going to trial? Thanks.
3 Answers from Attorneys
Re: Settlement Consumer Fraud
That is not a question that can be answered without scrutiny of the record, the evidence, and the nature of the defects. You should be represented by a lawyer who can do that and advise you. That is particularly true because if the case has a consumer fraud count that is prooved (as your title implies) the award of attorney fees is mandatory.
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
Re: Settlement Consumer Fraud
If you have a lawyer and you trust the lawyer, then listen to the lawyer's advice on this.
If not, then you need a lawyer whom you can trust.
It is completely impossible to answer your question without a detailed understanding of the facts.
Please, hire and pay a lawyer who you trust.
Re: Settlement Consumer Fraud
This is a very fact specific question. I have to assume you have an attorney - what do they say? Generally, you want to determine your actual damages - what did you expect to get, and what did you expect to pay vs. what did you end up paying, and did you actually get what you expected + loss of use, + any other coats + possibly (depending upon how your complaint was filed) some 'personal injuries' or the value of the frustration and grief you had to put up with + any other costs/damages associated with resolving this matter. This is often hard to put together, and IF you have a Consumer Fraud Act count, you can get treble damages (3 x actual damages) + attorneys fees. So as you can see, this is not something any attorney on this list can answer w/o all the information. Now... your attorney should have told you all this, so what's going on? If you need help, I'm a construction engineer/attorney, who concentrates in construction litigation representing contractors and owners.
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