Matawan, NJ asked in Contracts for New Jersey

Q: When does the clock start ticking for a cause of action against a home kitchen remodel contractor?

I hired a coworker I knew to do some work in my kitchen. He started the work but a few things I paid for weren't completed. I also showed him some items I wasn't happy with how they came out. He was supposed to return to finish the job. I reached out to him a few times, and he finally returned my email about a month later. He agreed to come address one of the issues. I said it wasn't satisfactory, and his next email gave me he wouldn't correct the issues. For the statute of limitations, does my cause of action start when he first was slow to respond, or does it start once he emailed me that he considered the job finished? I thought that since he was willing to do at least some of the work, that I wouldn't have a complete cause of action until he stated he considered the job done. Is there a case I could cite that addressed this issue? My case will be outside of the statute of limitations if the clock started ticking prior to the date of his final email.

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1 Lawyer Answer
Leonard R. Boyer
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  • Clifton, NJ
  • Licensed in New Jersey

A: The Statute of Limitations for breach of this type of contract is 6 years. But of far importance to you is the breaches of the Home Improvement Contractor Act, the NJ Statute of Frauds and most importantly the New Jersey Consumer Fraud Act, which provides for triple damages, plus attorneys fees and court costs. You need to retain an experienced civil litigation attorney who has handled a significant number of these cases. You should also consider the attorney's reviews. 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. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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