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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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... Read more »
If someone owes me money; we made a contract; the money is from an LLC; now they are saying they are hard up for money; but they have another 11 LLC's in their name. The question is if they go bankrupt on the LLC where the money was loaned from, can I sue on the other LLC's for my money owed?
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answered on Apr 21, 2023
That's not an easy question to answer, but the short answer is "probably not." The exception might be if you were able to show that the LLCs were set up as shams to perpetuate such frauds against lenders. The loan to the LLC did not include a personal guarantee? Check the signature... Read more »
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?
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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... Read more »
Own a LLC in New Jersey that provides legal services, I am not an attorney so I want to contract out to a licenses New Jersey Attorney, but I am trying to figure if that is legal in this state.
answered on Apr 4, 2023
A noted US entrepreneur once said that the secret to getting rich is to "find a need and fill it".
All lawyers want and seek more business, so you've found a need.
Fill it? In every bankruptcy case, the attorney for the debtor must sign and file a statement that he... Read more »
Do I ask the accountant to sign the NDA also or just the potential buyers?
Thank you.
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answered on Mar 9, 2023
What you really need to do is have a non-disclosure, non-compete and non-circumvent agreement signed by anyone and you should not do any of this without an attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... Read more »
Do I ask the accountant to sign the NDA also or just the potential buyers?
Thank you.
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answered on Mar 9, 2023
First off, congratulations on the interest in your business.
It will depend on how the NDA is drafted. Typically, an NDA will contain language such as:
"The Receiving Party, including its agents, employees, representatives, members (collectively, the "Receiving... Read more »
I rented some space in my yard to someone to store a couple boats. He paid me $500 upfront for 2 months. I was not aware of the cost of storing a boat. I left for a couple hours and when I came back there was 5 boats, a total of 120 ft in total length and scattered all around the yard not parked... Read more »
answered on Mar 4, 2023
The position to take is that thee was no meeting of the minds and, thus, no contract. The worst csase scenario is that it is a month to month lease, if no term was agreed upon. So before the beginning of the next month.s term, give him written notice that the lease is terminated, Send the notice by... Read more »
As the Defendant, I filed an "Answer to Compliant w/ Counterclaims" in an NJ Superior Court on 1/10/23 (the date the Answer to Complaint was due). How long does the Plaintiff have to submit a Reply to the Counterclaims? If Plaintiff does not file a Reply by the deadline, can I make a... Read more »
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answered on Feb 13, 2023
Plaintiff has no obligation to file a reply. There are several ways that a Plaintiff can respond if it so chooses. You cannot make a motion for Default against the Plaintiff. What you need to do is to retain an experienced civil litigation attorney because what you do not know can destroy your case... Read more »
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... Read more »
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.
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... Read more »
answered on Jan 25, 2023
Generally speaking, when you contract with a contractor to perform a repair on your home or other building, they agree to perform the work in a workmanlike fashion. Part of that is getting the necessary permits and plans. It appears your contractor isn't bothering.
I would write him... Read more »
Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.
There is written agreement between both parties. Agreement states that it will govern and... Read more »
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answered on Jan 22, 2023
This is not something that can be answered without a document review. That is also the same reason a price for what it will cost cannot be provided. However, this will probably exceed the time and work that most attorneys will offer in a free consultation. So you should expect to pay for about an... Read more »
Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.
There is written agreement between both parties. Agreement states that it will govern and... Read more »
answered on Jan 22, 2023
While your query indicates that the parties agreed that NJ law controls, the narrative does not indicate that venue is NJ nor does it state whether any disagreement is to be submitted to arbitration. Based on the limited information given, your claim has ripened and a complaint can be filed.
Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.
There is written agreement between both parties. Agreement states that it will governed and... Read more »
answered on Jan 20, 2023
The question as posed omits much important information. This includes whether or not there was a written agreement, whether or not one party is a licensed professional, whether or not the agreement was negotiated in NJ, and other issues that may become relevant.
answered on Jan 11, 2023
Yes, provided there is no noncancellation clause in the contract. However, the client will be responsible to pay for work done to date you received the cancellation notice which should be in writing . Additionally the client shall be responsible for reimbursement for actual expenses incurred.
Or is the NJCFA only applicable to home improvement contractors such as general contractors?
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answered on Dec 26, 2022
Yes, the New Jersey Consumer Fraud Act, which provides for triple damages plus attorneys fees has a very broad reach and can even be applied to businesses as well as people. Not only can plumbers and electricians be held in violation of the NJ Consumer Fraud Act, but also the New Jersey Home... Read more »
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.
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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... Read more »
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.
answered on Nov 30, 2022
If the solar panel company is in violation of the New Jersey Consumer Fraud Act (CFA), they could be liable to you for treble (triple) damages as well as your attorney fees and costs. There are multiple ways the company can be in violation of the CFA. To get a better understanding of these... Read more »
answered on Oct 28, 2022
Easily lets give one example, the signature is not clear or some just signed an X. Many reasons could exist.
I was set to buy a house in NJ. The couple were getting a divorce and they accepted everything. We had a closing date but husband left state 2 weeks prior and did not sign final paper work. He got in an accident and has brain damage. Wife cancelled agreement to purchase. She had given permission... Read more »
answered on Oct 3, 2022
One needs to be competent to sign a legal document. You did not describe the extent of the injury. An action to appoint a guardian would be required if the injury made it impossible for the seller to be deemed unable to understand the nature or terms of the documents to be signed in order to... Read more »
I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.
Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »
answered on Sep 28, 2022
Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »
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