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Taking A Contractor To Court

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godzilla1971

Junior Member
What is the name of your state?What is the name of your state? NJ

My wife and I hired a contractor almost 9 months ago to finish our basement. Initially we stupidly did not have a contract, however after many delays we were able to convince him to sign one as the only way we would allow him to complete the project. (I've included the wording of the contract below.) He has exceeded the contract deadline by almost a month now so we've been forced to terminate him. He says he is unable to pay us back the money agreed, so we have no choice but court. As he left the project unfinished our baseboard heat for the entire house doesn't work, an existing half-bath is no longer there (he was to convert it to a full bath) and our washer/dryer is no longer hooked up. My question is, based on the contract, can I hire someone to make those repairs and add it to the lawsuit? Are there any other damages I can add (Special Civil Court in NJ allows up to $15k and after all this wasted time and headache I'd like to get all we're due.) Thanks in advance for any replies.

Contract:
I (CONTRACTOR) agree to complete the following outstanding projects at ADDRESS on or before April 30th, 2005:

1) Conversion of upstairs half bath to full bath. This includes but may not be limited to all plumbing, electrical, carpentry/framing, dry walling, flooring, etc. required.
2) Finishing of basement. This includes but may not be limited to the following:
a. Jack hammering of the southeast corner floor and installation of French drain and sump pump.
b. Creation of a full bathroom in the southeast corner.
c. Creation of a "butler's closet" with countertop and sink along the most northeastern wall.
d. Creation of a "mud room" in the southwest corner.
e. Creation of a laundry room along the southern wall
f. Creation of a closet in the northeast corner.
g. Replacement of the existing windows
h. Replacement of the door leading to exterior bulkhead doors.
i. Installation of an electrical sub box from the existing electrical box.
j. Installation of electric baseboard heat.
k. Installation of recessed lighting and dimmers.
l. All plumbing, electrical, carpentry/framing, dry walling, painting, etc. required. Floors are to be prepared for flooring but floor installation is not included.

All projects are guaranteed to pass TOWNSHIP inspection. Any violations will be corrected by me at no additional charge within 14 days of being cited. Should I take no action to correct said violations within the 14 days of the citation I shall assume full liability for any costs incurred by OWNERS in hiring another contractor for the purpose of correcting said violations.

Should I fail to complete the projects mentioned above by April 30th, 2005, then I shall provide OWNERS a refund in the amount of $6000 by May 15th, 2005. Should I contest this document in court I will be subject to pay the $6000, OWNERS legal fees, and any damages OWNERS claim.

I have already received payment for the materials and labor for these projects in the amount of $9000. All materials I have purchased before this date will be used in the completion of these projects or returned and the resulting monies refunded to OWNERS.

Up to $3000 of additional materials may be purchased upon my request by OWNERS. I shall pay for any materials, if any, in excess of $3000. Should the cost of materials be less than $3000, OWNERS will pay me the remainder within 14 days of the final passed TOWNSHIP inspection. Should I fail to complete the projects by April 30th, 2005, then all remaining materials shall be the property of OWNERS to use as they please.
 


HomeGuru

Senior Member
godzilla1971 said:
What is the name of your state?What is the name of your state? NJ

My wife and I hired a contractor almost 9 months ago to finish our basement. Initially we stupidly did not have a contract, however after many delays we were able to convince him to sign one as the only way we would allow him to complete the project. (I've included the wording of the contract below.) He has exceeded the contract deadline by almost a month now so we've been forced to terminate him. He says he is unable to pay us back the money agreed, so we have no choice but court. As he left the project unfinished our baseboard heat for the entire house doesn't work, an existing half-bath is no longer there (he was to convert it to a full bath) and our washer/dryer is no longer hooked up. My question is, based on the contract, can I hire someone to make those repairs and add it to the lawsuit? Are there any other damages I can add (Special Civil Court in NJ allows up to $15k and after all this wasted time and headache I'd like to get all we're due.) Thanks in advance for any replies.

Contract:
I (CONTRACTOR) agree to complete the following outstanding projects at ADDRESS on or before April 30th, 2005:

1) Conversion of upstairs half bath to full bath. This includes but may not be limited to all plumbing, electrical, carpentry/framing, dry walling, flooring, etc. required.
2) Finishing of basement. This includes but may not be limited to the following:
a. Jack hammering of the southeast corner floor and installation of French drain and sump pump.
b. Creation of a full bathroom in the southeast corner.
c. Creation of a "butler's closet" with countertop and sink along the most northeastern wall.
d. Creation of a "mud room" in the southwest corner.
e. Creation of a laundry room along the southern wall
f. Creation of a closet in the northeast corner.
g. Replacement of the existing windows
h. Replacement of the door leading to exterior bulkhead doors.
i. Installation of an electrical sub box from the existing electrical box.
j. Installation of electric baseboard heat.
k. Installation of recessed lighting and dimmers.
l. All plumbing, electrical, carpentry/framing, dry walling, painting, etc. required. Floors are to be prepared for flooring but floor installation is not included.

All projects are guaranteed to pass TOWNSHIP inspection. Any violations will be corrected by me at no additional charge within 14 days of being cited. Should I take no action to correct said violations within the 14 days of the citation I shall assume full liability for any costs incurred by OWNERS in hiring another contractor for the purpose of correcting said violations.

Should I fail to complete the projects mentioned above by April 30th, 2005, then I shall provide OWNERS a refund in the amount of $6000 by May 15th, 2005. Should I contest this document in court I will be subject to pay the $6000, OWNERS legal fees, and any damages OWNERS claim.

I have already received payment for the materials and labor for these projects in the amount of $9000. All materials I have purchased before this date will be used in the completion of these projects or returned and the resulting monies refunded to OWNERS.

Up to $3000 of additional materials may be purchased upon my request by OWNERS. I shall pay for any materials, if any, in excess of $3000. Should the cost of materials be less than $3000, OWNERS will pay me the remainder within 14 days of the final passed TOWNSHIP inspection. Should I fail to complete the projects by April 30th, 2005, then all remaining materials shall be the property of OWNERS to use as they please.

**A: thanks for writing.
 

godzilla1971

Junior Member
HomeGuru said:
**A: thanks for writing.
I guess I opened myself up to that by saying "Thanks in advance for ANY replies", eh?

Q: Based on the contract, can I hire someone to make those repairs and add it to the lawsuit? Are there any other damages I can add (Special Civil Court in NJ allows up to $15k and after all this wasted time and headache I'd like to get all we're due)?
 

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