Bridgewater, NJ asked in Contracts and Construction Law for New Jersey

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 was in breach of contract and that we had to stay within the $125K budget. I had agreed to give him $55K initially to draw against and then he said he need another $50k as he was at $89k. I sent him a check and while it was in the mail, he said he needed me to wire him the money or he would stop. He said the check would arrive too late to pay and continue. I wired him the money and then he cashed the $50k check where he had $155k. At the beginning of the project we agreed that if I kept the money in his account, he would return any unspent money. Turns out he spent the $155k after 6 weeks and demanded more or he would stop the work. I fired him. What recourse do I have?

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1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: 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 best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. For future reference any time a contract is involved in anything for more than $1,000 it should be reviewed by an attorney, this will save you money and headaches.

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