Legal Question in Construction Law in New Jersey

Re: Unfinished Pool

OK, you have a problem, and sorry, you really should get an attorney now, and I'm not saying that because I'm looking for work, I'd tell my brother the same thing... First, you need to put your position in writing and send it to him regular and CRR mail. The chances of litigation are about 99%, because even if you get someone else, and the contractor doesn't sue, you will end up out of pocket a lot more than $120,000, and the new contractor will most likely tell you there are numerous items completed improperly. Based upon the limited facts given, you should be able to sue for breach of contract, fraud, consumer fraud, negligence, and even windfall. You can also sue for the lost of the beneficial use of the pool for the entire 2007 season. Depending on where you are, I'm a construction engineer also, and I concentrate on construction matters (surprise), so call if you want. Good luck whatever you do, but call someone OR put everything in writing NOW! You'll be glad you did when you get to trial.

Re: Unfinished Pool

Your situation happens much too often and gives conractors a bad reputation. As stated in other responses, your contractor is in breach of the contract. Hire an attorney asap and send the contractor a notice/demand/deadline letter.

Let me know if I can assist you.

Re: Unfinished Pool

You should probably have an attorney contact the contractor, and explain that the contractor is in breach, that this breach is a material (very significant) one, thus entitling you to terminate the contract, find an alternative way of completing the work, and bring an action for all of your damages. Our firm focuses on contract disputes, and practices in New Jersey.

Re: Unfinished Pool

This happens much too often. Contractors are pretty good people in general, but jokers like this unfortunately cause a lot of harm.

He is in breach. He did not do what he was supposed to. You might be able to persuade a judge and a jury that he has abandoned the job; that would make him liable under the NJ consumer fraud laws, very bad for him, and might get you punitive damages and all your attorney's fees. Not certain on that.

Get a lawyer. the lawyer should write a really clear and harsh letter to him to try to get him to complete the job. Then, you have someone else finish it, and sue. This has to be done right.

I am in Hackensack, not too far from you; let me know if you want me to assist.

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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