More details to this question:
Hired a contractor to do renovations to a store that I'm renting/opening. Paid $5000 October 21 and paid $5000 in December - have $5000 remaining balance. Work not done - doesn't return calls, hardly ever showed up to work, etc. have pictures of how destroyed bathroom, left construction debris, etc. Also have numerous text exchanges. He finally has decided he doesn't want to finish the job. Meanwhile I'm out the $10k paid to him, paying rent on storefront, and have no sales because can't open store. Had to re-key locks because he was handing out keys to subs, etc. that worked for him and had no clue who they were. I'm having to now pay out of my household money and am getting behind on personal debts because of this. Initially the job should have only taken a couple of weeks - very simple job. Do I have a case to sue?
2 ANSWERS
Civil Litigation Attorney serving Elizabeth, NJ
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The Law Office of Lawrence M. Centanni, P.C.
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Based upon the limited facts presented, yes, you do have a case. You can file a lawsuit for consumer fraud (where you are entitled to triple damages, attorney fees), breach of contract, breach of good faith and fair dealing, promissory estoppel, recission, and the list goes on. However, and more importantly, you have a project that needs to be completed. You have to find someone to complete this job. In addition, although litigation is an option, so is amicably resolving this matter because who wants to spend money to litigate (good money after bad money). Please contact me to discuss this matter further.
Answered on Feb 22nd, 2014 at 10:12 AM
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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you can sue your contractor for the failure to complete the contract and for your lost business as a result of the store not being completed on schedule. the problem is the legal costs for the litigation. you should not spend $5000 to get $10,000-$15,000. valter must, esq. is my partner. he does construction law. he and his dad were in the construction business. please let me know if valter can help. we can push the contractor but not go to trial. ed dimon, esq. 732-797-1600 ext 235
Answered on Feb 13th, 2014 at 6:41 PM