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

Q: Pool company sub-contracted excavation work - who damaged pavers, contract states pool company is not responsible?

Excavators, electricians, masons all have damaged our property- the pool company continues to reference the contract which states they are not responsible for any third party work, can this be possible for them not to take any responsibility?

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2 Lawyer Answers
Morris Leo Greb
Morris Leo Greb
  • Rockaway, NJ
  • Licensed in New Jersey

A: The general contractor may not waive responsibility for negligence for any of its subcontractors. Speak to an attorney about how to process a claim.

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: It is extreme rare for any type of home improvement contract to comply with the NJ Home Improvement Contractor Act and frequently the Statute of Frauds and the Consumer Fraud Act (which provides for triple damages plus attorney fees. A Judge will decide who is responsible. No matter what the contract states in trying to limit or eliminate liability, what matters is what a Judge decides. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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