Legal Question in Consumer Law in New Jersey

Multiple Contracts with same Builder

I'm having problems with a builder. I have two contracts with him. One to finish my basement. The other, much larger, to rehab the house. He has failed to perform on both. Can I sue in Small Claims Court for under $10,000.00 on the basement. And sue in Special Civil Part for over $10,000.00 at a later date?


Asked on 12/19/01, 12:02 pm

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Multiple Contracts with same Builder

The answer to your question is probably no. There is a doctrine of law in New Jersey called the "entire controversey doctrine". If you sue under one contract and reach a resolution and then later sue under the other, the court may bar your second suit. This is a very complicated issue that depends on the facts of your case. Therefore you should seek the advice of an attorney before you proceed. You can check out my website for more info on Consumer Fraud at: http://www.lawguru.com/users/attorney/yogidog/index.html

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Answered on 12/19/01, 3:43 pm


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