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New Jersey Construction Law Questions & Answers
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
Leonard R. Boyer 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... Read 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.... Read 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... Read 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... Read more »

Leonard R. Boyer
Leonard R. Boyer 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... Read 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... Read 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
Leonard R. Boyer 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... Read 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 Esq.
H. Scott Aalsberg Esq. 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... Read 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... Read more »

1 Answer | Asked in Construction Law, Contracts, Business Formation and Business Law for New Jersey on
Q: My brother & I formed a site construction co. 3 yrs. ago, It was agreed that my name would not be listed as an owner

The agreement stipulated that the company would pay my back taxes of about $20000 in the first 6 months of operation at which time I would be listed as an owner.

I solely run the daily operations of this company,all clients were brought with me into this agreement.. In return for investing,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 29, 2018

You need to retain an experienced litigation attorney who has experience in handling these types of cases. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced litigation attorney. You need the best attorney you can afford, do not... Read more »

1 Answer | Asked in Car Accidents, Products Liability, Real Estate Law and Construction Law for New Jersey on
Q: Someone crashed their car into the side of our house — can we sue the driver or drivers auto insurance ?

Side of our house needs new siding, our home is historic- they destroyed an historic well on our property, new landscaping needs to be done. We have stress cracks in the inside where the car hit the outside of the house

Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

Get an estimate for restoring the well using the origninal materials. Run it through your homeowners they will go after the guy, get back your deductible is the easiest way. Make a calim against him. Questions? Contact a member of the NJ Assn for Justice.

1 Answer | Asked in Traffic Tickets and Construction Law for New Jersey on
Q: What must be in place for it to be considered a barricade & does said barricade have to a posted notice indefinitely?

I had driven past three police vehicles on the side of the road & taking up the right of the two lanes. As I approached I moved into the left lane & passed them on my way to the gas station just after them. As I pulled in two police vehicles pulled in behind where I had parked. They gave me... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 12, 2018

The law doesn't have a specific definition as to what a barricade must consist of. This will be your word against theirs.

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: What can I do if GC estimated $125K and half way thru showed bills at $155k and demanded more money to complete the work

The contractor estimated a renovation project would cost $125K of an 11 week project. he showed me billed at 89K and then showed me billed for $155k and demanded more money to complete the project. The contract had him showing me weekly bills but he fell behind in showing them. I complained he... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 13, 2018

You can file suit against him in Superior Court for breach of contract, among other things. You need a litigation attorney to handle this type of case for you. The attorney will need to review everything. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the... Read more »

1 Answer | Asked in Products Liability, Construction Law, Consumer Law and Contracts for New Jersey on
Q: how can i cancel with him over the phone and have proof of this . Will a phone conversation be tape and serve as proof?

On Friday December 1st i contracted a handyman to complete my Kitchen job he estimated that the total would be 3200 for the labor and that he needed 50% deposit so i gave him 1600 dollar and he patched up a couple holes in the wall with plaster and then stated that he will be back the next day... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 5, 2017

You would ideally give him a copy by hand delivery, but voice and sending a mail cancellation will do.

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: I'm a contractor and had a dispute with a homeowner so I left the job. He owes me money for the work that was performed

I have a contract with home owner. He was only billed for the work that was performed.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 26, 2017

You have not posted a question but if your question is can you still be sued, yes you had a contract.

1 Answer | Asked in Products Liability, Business Law and Construction Law for New Jersey on
Q: what is the compensatory damages for contractor when a product is defective

2 decks were refinished by a company using a product. the product was later found out to be defective. The job needs to be done completely over.

William C. Head
William C. Head answered on Aug 13, 2017

Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.

You problem is, that the claim is too small for most civil lawyers to want to...
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2 Answers | Asked in Real Estate Law and Construction Law for New Jersey on
Q: Do you need a permit to build a deck and take down a wall? Sellers claim no. And they claim the wall isn't load bearing
Vincent Gallo
Vincent Gallo answered on Jul 24, 2017

Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: How to file suit against a building contractor for fraud? How do I put a lien on his properties before he goes bankrupt?

His sub contractors have put a lien on my property and I never had a contract with them. It states in my contract that they are to be paid by the builder. How do I remove or stop the lien?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 17, 2016

You can remove or stop the liens, but this is not a cheap or easy process even for a lawyer to do. A lawyer cannot tell you how to file a lawsuit for this lawyers go to school 3 years and then generally take an internship with a lawyer to learn the real world process for another year or two. If... Read more »

1 Answer | Asked in Construction Law and Contracts for New Jersey on
Q: General Contractor didn't complete job & work was done subpar. What's my options to recoup cost?

This occurred in New Jersey. I renovated a home for profit. I have a signed contract that allows me to charge penalties for every day late after a certain date and recoup additional costs. I've had to pay extra mortgage and tax payments, as well as, provide the buyer with a credit to fix the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 4, 2016

First option would be to have a lawyer write him a letter demanding payment, if that does not work you can have a lawyer file suit in court.

1 Answer | Asked in Construction Law for New Jersey on
Q: Is there a generally accepted contract used between those wanting to build a house and a contractor?

I am a former attorney, hoping to move into the state (North Carolina). I have been presented with a very one-sided draft contract. I am hoping to find some reasonable form contract that i can propose instead.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 7, 2016

Yes many form contracts exist, you may want to check west publishing or CLE material for the state in which the house and contractor are in. But I would have a currently licensed lawyer review it before you sign it. As they say a lawyer who represents himself has a ______ for a client.

1 Answer | Asked in Construction Law for New Jersey on
Q: My neighbor is suing me in a construction case. I am Pro Se. I filed a counter suit and now going to Mediation.

What do I need to send to the Mediator?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 25, 2016

You may be in over your head. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced attorney. You have to supply the mediator with copies of everything you have to prove your position. Good luck.

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