Legal Question in Construction Law in New Jersey

Money owed to contractor

We completed a vinyl siding job for a Morris county homeowner in December 2006. Approx cost of the job 15000, paid to date 3000.

Customer completely satisfied, continually giving excuses and sending checks that bounce. Got in touch with the wife, not even aware bill not paid. Ready for legal action, what are our options? Thank you


Asked on 4/08/08, 11:12 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Money owed to contractor

Your best approach now would be to file a suit. The suit can be brought in Special Civil Part because the amount is within the jurisdictional limits. However, if you have a written contract that provides for the payment of attorney fees, there may be good reason to file in the Superior Court.

If you had filed a construction lien within 90 days, you would find it easier to collect. Now, you will need to sue in order to get to the same place.

Whatevery happens on this matter, you should discuss your procedures with a lawyer who handles construction contracting businesses. Much of the time, collection matters can be simplified and greater success can be achieved if the proper language is inserted into your contract. Additionally, if you are a construction contractor or sub, your internal procedures should automatically result in a construction lien being filed if you have not been paid in full 60 days after the last work or materials are provided. That won't help on this case, but it will in the future.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 4/08/08, 12:05 pm


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