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New Jersey Construction Law Questions & Answers
1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: If a contractor doesn't finish the job and is unresponsive, but later agrees to return, does that reset the accrual date

I had a contractor work on my kitchen. He was supposed to return to finish the job, but he didn't return my texts for a few weeks. He finally emailed me back and said he thought the job was done, but agreed to come back and address one of the issues. I emailed that wasn't acceptable,... View More

Leonard R. Boyer
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answered on Jan 6, 2024

To provide a meaningful answer and how to best proceed, you should be prepared to pay an experienced civil litigation attorney for 1/2 to 1 hour of attorney time to review all the relevant documents. As someone who has handled a significant number of these cases, I am certain that I can get you the... View More

1 Answer | Asked in Real Estate Law and Construction Law for New Jersey on
Q: Contractor is refusing to submit the last pieces of paperwork to the county to obtain the CO, what is my next steps?

We hired a septic contractor April 22' - the matter at hand is that the contractor was pumping the old septic tank into the one, I called the county to advise if that was to code and they said it wasnt. The contractor got mad at me. At the end of everything they were trying to charge me $1000... View More

Leonard R. Boyer
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answered on Sep 10, 2023

Your only real solution is to retain an experienced civil litigation attorney. If a letter does not get the problem resolved, then you will need to engage in litigation. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is... View More

1 Answer | Asked in Consumer Law and Construction Law for New Jersey on
Q: I had a pool installed with a pool company. They submitted the wrong contract to the back for financing.

Now they want the money owed for their error. Who is held liable for this.

Leonard R. Boyer
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answered on Aug 24, 2023

You are not responsible for this and I would not pay them a cent more than the contract calls for. If they are stupid enough to sue you, it will not end well for them. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is... View More

1 Answer | Asked in Construction Law for New Jersey on
Q: I did some work on a house for someone and the house caught fire. I was uninsured.

the owner is asking me to call them to talk I think I will probaly get sued eather way by there insurance is it a good idea to talk to them or not?

Leonard R. Boyer
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answered on Aug 2, 2023

No do not talk to anyone until you have retained an experienced civil litigation attorney who also practices bankruptcy law. You are emotionally involved in this matter and are not a train attorney. With modern technology there are no limits to retaining the best possible attorney.

2 Answers | Asked in Contracts and Construction Law for New Jersey on
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?

Leonard R. Boyer
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answered on May 18, 2023

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... View More

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1 Answer | Asked in Construction Law and Contracts for New Jersey on
Q: In NJ, had a contract with general contractor who had a contract with plumber (subcontractor). I paid GC in full

GC did not pay subcontractor in full. Plumber is threatening a mechanic's lien on my home for $3,000.00 owed from contractor. Can subcontractor place lien on my home?

Leonard R. Boyer
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answered on Apr 19, 2023

Yes the subcontractor can do so, the validity of it would be questionable. A strongly worded letter from an experienced civil litigation attorney could solve the problem. In addition, it may be possible based on knowing more facts that you can also take action against the GC. With modern... View More

2 Answers | Asked in Construction Law and Contracts for New Jersey on
Q: I had a fire back on September 11. Got a contractor to do the work. The problem is that they never took the permits.

I have a stop work order from the township because the of no permits and since is a 3 family home we need the plans to be draw from a professional architect. I want to get out if the contract and find someone else to do the work. But because the contractor has out we have a contract we need to... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 25, 2023

You will need to do what is necessary to obtain a building permit. You may an opportunity to file suit against the first contractor under the for violation of the Consumer Protection Law for home improvements. Speak to an attorney.

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1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for New Jersey on
Q: What type of attorney do I need to handle a solar company ? Our roof leaks into 3 rooms destroying our ceilings.

They have come out 4 times to fix the leaks without success. Now 3 rooms of damage done. We want panels off the roof, roof replaced and cancel our contract with loan company. E signed documents, and finance company did not tell us lean was put on our home. E signed documents for that as well.

Leonard R. Boyer
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answered on Dec 9, 2022

You need to retain experienced civil litigation who has handled many of this type of case. Under the New Jersey Consumer Fraud Act (you can get triple damages plus attorney fees). It is extremely rare that a Home Improvement Contract will be in compliance with Home Improvement Contractor Act. But... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for New Jersey on
Q: Possibly civil suit between a contractor.Owner didn’t know existed wants to talk. Do I let him In my house? He’s never

Owner never been to my house or saw the work. His uncle the Forman represented himself as owner and gave estimate. Came back 3 times over 3 months when I complained. Now I fired them and owner wants to talk to see what work they can finish and get paid for. He’s never been in my home and he’s... View More

Leonard R. Boyer
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answered on Dec 9, 2022

No you do not let him into your house at all. You need to retain an experienced civil litigation attorney who knows how to utilize the New Jersey Consumer Fraud Act (if successful you will be awarded triple damages, plus attorney fees) and the Federal Magnuson Moss Warranty Act. But you are... View More

2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

Leonard R. Boyer
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answered on Nov 30, 2022

You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own... View More

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1 Answer | Asked in Consumer Law, Business Law and Construction Law for New Jersey on
Q: does the board have the right to change a law that is also in the state law ?

While applying to the state for an electrical license , does the board have the right to change a law that is also in the state law ? Because it says so on its website ;The Board is engaging in rulemaking to implement the law. i check the law ,N.J.A.C. 13:31-2.1 Qualifications of Applicants... View More

Leonard R. Boyer
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answered on Mar 10, 2022

The only way that any one can help you is if you provide more facts. There is no point in speculating.

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: Can I get my money back if the contractor didn't finish the job and caused more problems than the original situation?

Because of his negligence, the job has to be redone

Morris Leo Greb
Morris Leo Greb
answered on Sep 28, 2021

Yes, it is possible to receive your money back and even be awarded treble (ie 3x the amount of damage sustained) damages and attorney's fees. NJ has very strict rules governing home improvement contracts. The best advise is to seek legal advise from someone familiar with home improvement litigation.

1 Answer | Asked in Construction Law for New Jersey on
Q: If a contractor took my money but has not delivered or installed product, is there anything I can do?
Leonard R. Boyer
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answered on May 30, 2021

Yes, there is a great deal you can do, by retaining an experienced civil litigation attorney. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home... View More

1 Answer | Asked in Real Estate Law and Construction Law for New Jersey on
Q: A crack in the slab that was "fixed" 14 years ago. Now I have found the crack has grown possibly covering the entire hou

Can I sue the builders, even so, the guaranty was up to 10 years? The job was done by a third part contract with the builders and I think was incomplete or wrong done.

Morris Leo Greb
Morris Leo Greb
answered on Jan 30, 2021

A real question is not whether you can file a complaint . The real question is do you have a real cause of action. Filing a frivolous law suit can result in penalties imposed. So before filing suit, a structural engineer should be consulted to determine what is causing your current problem.... View More

1 Answer | Asked in Construction Law for New Jersey on
Q: I just purchased a house that had been flipped in NJ and have found all construction debris buried in our yard

the seller offered to send a couple of guys to dig it up and re soil and seed but I don't believe they're licensed what do I do??

Noel Rivers
Noel Rivers
answered on Jan 9, 2021

I'm sorry to hear about your experience. You should involve the lawyer who represented you in the closing with this matter. If that is not an option, your best bet may be to ask the seller if the people he wants to send over are licensed and insured. If he says they are not, you can tell him... View More

1 Answer | Asked in Consumer Law and Construction Law for New Jersey on
Q: This question is in regards to difficulties we are having with our contractor. Can we, ourselves reply to his lawyer? Tx

Orig contract signed 1/3/20. New agreement is for another 14 days but it has been over a month and repairs are incomplete with damages. His lawyer is pressuring for the last payment of $38K. Looking for a Lawyer who can assist us enforce a time frame and completion of the job. If not, we would like... View More

Leonard R. Boyer
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answered on Dec 26, 2020

NO! You need to retain your own attorney, who has extensive experience in handling cases involving Home Improvement Contractor cases. Very few if any Home Improvement Contractors write contracts that are in compliance with the Home Improvement Contractor's Act and therefore, almost certainly... View More

1 Answer | Asked in Construction Law and Products Liability for New Jersey on
Q: Lawsuits against Duraplex for manufacturer defects

Sunroom construction defects in workmanship/ product.

Noel Rivers
Noel Rivers
answered on Jun 17, 2020

A New Jersey attorney with experience with the New Jersey Consumer Fraud Act (CFA) would be able to speak with you regarding any defects in the sunroom you experienced. The CFA protects consumers and the acts and omissions of home improvement contractors are within its reach. To bring a claim under... View More

1 Answer | Asked in Construction Law for New Jersey on
Q: How do I file a lien on a property in nj for a unpaid balance for work that was done by my company

Bank issued a payment for the work that was done but the homeowner will not turn over the check to me, so I would like to file a lien on the property so that the bank can not release any funds to another contractor until I have been paid

Leonard R. Boyer
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answered on Sep 17, 2019

You should consult an experienced civil litigation attorney prior to taking any action. I presume that you are a home improvement contractor. If that is the case, your contract must be completely compliant with the N.J.S.A. Home Improvement Contractor Act, otherwise, you are also risking violation... View More

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

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