Q: A contractor is currently taking advantage of my parents. What are their legal options?
The contractor failed to:
-Complete work on the date or within the time period specified (45 days became 8+ months).
-Provide copies of a valid contract, warranties, insurance & state registration number.
-Provide a detailed description of the principal products and materials to be used or installed.
-Furnish a written copy of all guarantees or warranties made with respect to labor services, products or materials.
He never provided my parents with a contract. He asked them to print his estimate, and they signed it every time they gave him money. Now, he claims the estimate is the contract. 8+ months have passed since the renovation began and he is ignoring all calls and text messages.
If he claims his estimate is now his "contract," then it is clearly not a legal contract. It lacks too many crucial details. In addition, he fraudulently listed a company that claims to have no current connection to him. The owner of the company claimed he is not affiliated with the contractor.
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A: I have handled a significant number of these cases. The contractor is in violation of the New Jersey Home Improvement Contractor Act, and there by also the New Jersey Statute of Frauds and most importantly the New Jersey Consumer Fraud Act (which provides for triple damages and attorneys fees) and and the Federal Magnusson- Moss Warranty Act. Based on the facts that you have supplied this looks like a winning solid case. However, you or your mother at all times would be responsible for her own retainer and legal fees. I have handled cases exactly like this to a large case involving a contractor involved in construction at Newark Liberty Airport. 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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