Legal Question in Construction Law in New Jersey
Sue after arbitration?
I am currently in a contract with a general contractor remodeling my basement. He is in violation of the Consumer Fraud Act(6
violations). All work has stopped on my basement, he only worked for 3 days. He is trying to get us to pay more money for item already within scope of work. This is delaying the sale of my house. The contract states all disputes are to be handled by the AAA. Have I lost my right to go to court.
3 Answers from Attorneys
Re: Sue after arbitration?
Probably not, but I'd have to see the contract. You ALWAYS have to look at the contract, because typically you can contract away almost any right, unless prohibited by statute, it 'shocks the conscience' or is against public policy.
Re: Sue after arbitration?
Almost certainly. Arbitration clauses are valid and absent exceptional circumstances such as fraud in the making of the contract, they are enforceable. The only other out would be a statute or regulation that prohibited giving up the right to trial in this particular circuamstance.
You may need to consult iwth an attorney have them research the issue. Best wishes.
Re: Sue after arbitration?
I would need more specific information, but I can tell you that I have fought a couple of lawsuits against contractors, and they have to meet the requirements of the law or they are not entitled to get paid.
If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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