Legal Question in Construction Law in New Jersey
Fired contractor - lost $$/damage
We hired a contractor to do our roof, siding,etc. Contract signed with detail of work and in addition we paid for architects plans.Permits are in our(owner)name. His license info is on the signed contract. After 3 days work we fired him. Whole roof job needs to be ripped off including framing. He did not tarp one night and we have severe water damage to interior space. He did return remaining amount after he deducted 3 days labor. We had bought supplies which he used and now need to be replaced. Also, his work does not follow the agreed contract. When we fired him he signed the contract saying he was returning $$ and job was incomplete, as did I. What legal action do we have now to get the remaining amount and sue for damages he caused?
2 Answers from Attorneys
Re: Fired contractor - lost $$/damage
sit down with a lawyer, find out if the dollar amount that you can get will be worth the time and costs to pursue it.
good luck to you. probably difficult to pursue on your own without a lawyer; get some legal advice and see what your best option is.
Re: Fired contractor - lost $$/damage
Over time I have handled a lot of contractor claims on both sides of the issues. Being an engineer in an earlier life helps. Here are some things that might help you.
1. The biggest problem for a homeowner versus contractor claim is a judgment-proof contractor. The new New Jersey registration process helps somewhat, but it is always necessary to look at whether the contractor would be able to pay a judgment if you got one. There isn't very much satisfaction in spending all the time, effort, and money in winning a suit only to find out that everything that he owns is in his wife's name.
2. On the chance that you might have a claim, collect the evidence now. Gather all the documents that you have, but remember to take photos too. The photos should be taken (or witnessed) by someone who will be available at the time of a trial. That will probably be you. Remember that scale is hard to show in a photo, so place a ruler or other scalable object in view. Angles and gaps don't show well either, so use a square and brightly colored paper props. Digital photos work best. Discard redundant photos otherwise you will have to produce everything in discovery.
Remember that your damages are limited to what is necessary to "make you whole." Get more than one estimate and limit the estimate to only that which the original contractor was bound to do. It is okay for the new contractor to do more, just make sure that it is priced separately.
If you do all that, you will be in a position to hand your lawyer an easy case. That will save you money and will make it more likely that you can find somebody to handle the case for you.
Call if I can be of further help.
See also: http://info.corbettlaw.net/lawguru.htm
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