QUESTION
What is the chance that I can get back my 3 deposits forv violation of contract by a renovation company?
Asked on Dec 16th, 2014 on Consumer Fraud - New Jersey
More details to this question:
Signed a contract in Aug 2014 w/ a company to renovate my basement. A 20% deposit was paid & another 15% a week later. Told us they will submit papers toour town to get the permit. I called our town for next 2 mos who told us that they did not receive any request for permit. On Nov 13 the permit came in after it was submitted Nov 3 according to the town. Per contract work starts 60 days after contract signing w/ completion 180 days. They came 107 days (Dec 12) later to partially demolish the basement & collected another 10% ( now 45% of total amount paid). Told us they will not be back on Mon & Tues ( Dec 15 & 16) because supplies are going to be delivered). It's Tuesday - no supplies came since yesterday. Close to zero work of work done ( just the partial demolition of basement last Nov 12), 45% of amount already paid & the contractor seemingly overbooking his workload. We want to call it off & get back the deposits.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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this is Contract Law and the proper answer can be given after reviewing the Contract and comparing the actions of the contractor with the terms of the Contract. My initial reaction is that this is a close call in that work has been done and payments have been made. The issue is whether sufficient work has been done given the monies paid. I do not believe a judge would undo the Contract. Valter Must, Esq., my partner, has a construction background. Please call if we can help. Ed Dimon 732-797-1600
Answered on Dec 17th, 2014 at 3:27 AM