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New Jersey Construction Law Questions & Answers
2 Answers | Asked in Construction Law for New Jersey on
Q: Can you oppose a construction project for health reasons if the prolonged noise will cause you to not be able to rest
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 3, 2019

You can oppose it for any reason, however township officials know that any project will create noise, traffic problems etc that effect residents, but deem it needed for improvement/modernization.

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1 Answer | Asked in Real Estate Law, Construction Law and Landlord - Tenant for New Jersey on
Q: I moved out of my apartment. I lived there 2 years. Can my deposit be taken for ware and tare?

I never took before photos or after, I don't think he did either. He replaced the cabinets that had some were and tare on it. There was 1 door that was dry rotted and broke the side where it locks the dead bolt. Also 1 door that was broken on my account. Can he charge me to replace all the... View More

Jay Schmerler
Jay Schmerler
answered on Jun 4, 2018

Typically you are not responsible for ordinary wear and tear. You may be responsible for any damage caused by you or your guests. It becomes a question of proof and the burden is on your landlord to prove you were the cause. It's unfortunate you did not take pictures. If nothing else, take... View More

1 Answer | Asked in Construction Law, Contracts, Business Formation and Business Law for New Jersey on
Q: My brother & I formed a site construction co. 3 yrs. ago, It was agreed that my name would not be listed as an owner

The agreement stipulated that the company would pay my back taxes of about $20000 in the first 6 months of operation at which time I would be listed as an owner.

I solely run the daily operations of this company,all clients were brought with me into this agreement.. In return for investing,... View More

Leonard R. Boyer
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answered on Apr 29, 2018

You need to retain an experienced litigation attorney who has experience in handling these types of cases. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced litigation attorney. You need the best attorney you can afford, do not... View More

1 Answer | Asked in Car Accidents, Products Liability, Real Estate Law and Construction Law for New Jersey on
Q: Someone crashed their car into the side of our house — can we sue the driver or drivers auto insurance ?

Side of our house needs new siding, our home is historic- they destroyed an historic well on our property, new landscaping needs to be done. We have stress cracks in the inside where the car hit the outside of the house

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

Get an estimate for restoring the well using the origninal materials. Run it through your homeowners they will go after the guy, get back your deductible is the easiest way. Make a calim against him. Questions? Contact a member of the NJ Assn for Justice.

1 Answer | Asked in Traffic Tickets and Construction Law for New Jersey on
Q: What must be in place for it to be considered a barricade & does said barricade have to a posted notice indefinitely?

I had driven past three police vehicles on the side of the road & taking up the right of the two lanes. As I approached I moved into the left lane & passed them on my way to the gas station just after them. As I pulled in two police vehicles pulled in behind where I had parked. They gave me... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 12, 2018

The law doesn't have a specific definition as to what a barricade must consist of. This will be your word against theirs.

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: What can I do if GC estimated $125K and half way thru showed bills at $155k and demanded more money to complete the work

The contractor estimated a renovation project would cost $125K of an 11 week project. he showed me billed at 89K and then showed me billed for $155k and demanded more money to complete the project. The contract had him showing me weekly bills but he fell behind in showing them. I complained he... View More

Leonard R. Boyer
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answered on Jan 13, 2018

You can file suit against him in Superior Court for breach of contract, among other things. You need a litigation attorney to handle this type of case for you. The attorney will need to review everything. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the... View More

1 Answer | Asked in Products Liability, Construction Law, Consumer Law and Contracts for New Jersey on
Q: how can i cancel with him over the phone and have proof of this . Will a phone conversation be tape and serve as proof?

On Friday December 1st i contracted a handyman to complete my Kitchen job he estimated that the total would be 3200 for the labor and that he needed 50% deposit so i gave him 1600 dollar and he patched up a couple holes in the wall with plaster and then stated that he will be back the next day... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2017

You would ideally give him a copy by hand delivery, but voice and sending a mail cancellation will do.

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: I'm a contractor and had a dispute with a homeowner so I left the job. He owes me money for the work that was performed

I have a contract with home owner. He was only billed for the work that was performed.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 26, 2017

You have not posted a question but if your question is can you still be sued, yes you had a contract.

1 Answer | Asked in Products Liability, Business Law and Construction Law for New Jersey on
Q: what is the compensatory damages for contractor when a product is defective

2 decks were refinished by a company using a product. the product was later found out to be defective. The job needs to be done completely over.

William C. Head
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answered on Aug 13, 2017

Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.

You problem is, that the claim is too small for most civil lawyers to want to...
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2 Answers | Asked in Real Estate Law and Construction Law for New Jersey on
Q: Do you need a permit to build a deck and take down a wall? Sellers claim no. And they claim the wall isn't load bearing
Vincent Gallo
Vincent Gallo
answered on Jul 24, 2017

Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: How to file suit against a building contractor for fraud? How do I put a lien on his properties before he goes bankrupt?

His sub contractors have put a lien on my property and I never had a contract with them. It states in my contract that they are to be paid by the builder. How do I remove or stop the lien?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 17, 2016

You can remove or stop the liens, but this is not a cheap or easy process even for a lawyer to do. A lawyer cannot tell you how to file a lawsuit for this lawyers go to school 3 years and then generally take an internship with a lawyer to learn the real world process for another year or two. If... View More

1 Answer | Asked in Construction Law and Contracts for New Jersey on
Q: General Contractor didn't complete job & work was done subpar. What's my options to recoup cost?

This occurred in New Jersey. I renovated a home for profit. I have a signed contract that allows me to charge penalties for every day late after a certain date and recoup additional costs. I've had to pay extra mortgage and tax payments, as well as, provide the buyer with a credit to fix the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 4, 2016

First option would be to have a lawyer write him a letter demanding payment, if that does not work you can have a lawyer file suit in court.

1 Answer | Asked in Construction Law for New Jersey on
Q: Is there a generally accepted contract used between those wanting to build a house and a contractor?

I am a former attorney, hoping to move into the state (North Carolina). I have been presented with a very one-sided draft contract. I am hoping to find some reasonable form contract that i can propose instead.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 7, 2016

Yes many form contracts exist, you may want to check west publishing or CLE material for the state in which the house and contractor are in. But I would have a currently licensed lawyer review it before you sign it. As they say a lawyer who represents himself has a ______ for a client.

1 Answer | Asked in Construction Law for New Jersey on
Q: My neighbor is suing me in a construction case. I am Pro Se. I filed a counter suit and now going to Mediation.

What do I need to send to the Mediator?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2016

You may be in over your head. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced attorney. You have to supply the mediator with copies of everything you have to prove your position. Good luck.

1 Answer | Asked in Construction Law and Consumer Law for New Jersey on
Q: builder represented false built-up area

While signing contract for house 'A', I was represented built-up area of 3600. I have that inventory list that sales agent gave me specifying house A area of 3600 along with price. After 5-6 days of signing contract, I came to know through their website that actual built-up area is 3363.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 22, 2015

You would need a lawyer to look over the contract and the plans that were incorrect. It may have been just a simple mis-print as I'm sure the builder alleges. Many factors could say the decision one way or another on whether this was fraud. Good Luck

1 Answer | Asked in Collections and Construction Law for New Jersey on
Q: Client cancelled final check on our job. Forged insurance and license documents to her property mngmt.....

She paid us on final day, then said there was problem with floor we installed. Cancelled the check. She kept egging us on on when we could come back and fix it. She revealed to me on the final day of completion of work, that she had called another company to submit their insurance, license... View More

Leonard R. Boyer
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answered on Oct 13, 2015

To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced attorney. Good luck.

1 Answer | Asked in Construction Law for New Jersey on
Q: What kind of lawyer do I need and what can I do against a contractor who was hired to make some repairs to my home

My home because of some smoke and water damages. The contractor is trying to place a lien on my house because he did some unauthorized work that my insurance company nor myself authorized. However he did not complete the work that he was contracted to do. what are my legal rights and where can I... View More

Robert Snellings
Robert Snellings
answered on Sep 4, 2013

You should seek the assistance of a lawyer who has experience in litigating consumer fraud and NJ Home Improvement Act violations. The attorney should also be familiar with the NJ construction lien laws, specifically the requirements needed to place a residential construction lien on your home.

1 Answer | Asked in Construction Law for New Jersey on
Q: If a Contractor does not pay the supplier for materials used to repair my home, Can a lein be put on my house?
Jeff Vandrew Jr
Jeff Vandrew Jr
answered on Jun 20, 2011

Usually the answer to this question is yes they can, so long as the proper procedures are followed by the party that didn't get paid. The only upside is that you can never be liable to anyone with a construction lien on your home for more money than you were originally supposed to pay the... View More

1 Answer | Asked in Construction Law for New Jersey on
Q: I fell from a ladder doing construction and hurt my back. Can I still sue if I'm not a construction union member?
Jonathan Rudnick
PREMIUM
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answered on Dec 23, 2010

Yes. The fact that you are or are not union has no effect on you right to sue, either the employer or a third party (property owner, building owner)

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