Suing Builder, Help Pl. ASAP

What is the name of your state? NJ, Construction defects during new home construction and looks like accounting irregularities, I heard it can take as much at 2 yeras in court any idea about time frame ??

With the information you have given do you expect an accurate reply?

So not knowing a darn thing I think you are looking at 4 years to clear this up, what ever "this" is!

Consult an Atty or the one you had looking out for YOUR interest before you signed the first contract for this to even be built.

Just because you go to court and even if you get a judgment that does not mean you will EVER see a dime!

2 yrs to get to trial in state court is typical in my state, but not sure about yours.

Briefly, what is the nature of the defect(s)?

Have you had your own experts such as an engineer or independent inspector go over the house yet? If not I suggest you do. Someone who represents your interestes and is paid by you.

Have you closed yet? If yes, how long ago? If not, you have more leverage than you will after closing.

You need to write to the builder by certified return receipt mail if you haven't yet.

If your state has a Right to Repair law defining a builder complaint process you have to follow it. Don't hire an attorney who doesn't understand it. http://www.nbnnews.com/NBN/issues/2006-04-03/Front+Page/index.html It's builder friendly, sorry to say.

Do you have an arbitration clause in your contracts? If so, your lawsuit will probably be thrown out of court and you will have to arbitrate the dispute with your builder, possibly with an arbitrator who favors builders. So, to avoid wasting time, make sure you CAN sue before you threaten to or before filing suit. Arbitraiton is touted as being faster and cheaper than suing. I don't know about faster but I have seen plenty of evidence it can be very expensive.

NJ investigated the home building industry a couple of yrs ago. Perhaps you will find some helpful resources from the state site regarding that investigation: http://www.state.nj.us/sci/nci.shtm New Home Construction Abuses

Suing Builder

From NJ, My contract does not mention anything about arbitration, one attorney said about 1 yr and another said about 2 yr for court proceedings. I have my own builder's risk insurance policy just in case if some one sues me during construction, now as per pojo i may not see any money even if I win, would my builder's risk home insurance policy pay me if builder is does not have adequate insurance, Is underinsured coverage standard or it's separate for more $$ under builder's risk home insurance ?. Is there any thing like priority case or emergency case to expedite faster in court ? Thanks a lot for all the help.

Builder's risk only protects you for a casualty loss like the house burning down.
What you needed was a performance and payment bond. At least two years throught the courts. Does your state require a builder to be licensed? If so, contact the board.

Suing Builder

State: NJ, Is builder suppose to provide his insurance company and policy # while signing a contract to construct new home to the home owner, what if the builder has no insurance ? Refused twice to provide insurance proof would this be problem for him in court, NJ State has some kind of recovery fund in case builder or sub contractor disappears in thin air or does not have monies in his account any info. on this ? how does punitive damges works ? Thank you very much for your feedback. Thanks again

VinnieL said:

State: NJ, Is builder suppose to provide his insurance company and policy # while signing a contract to construct new home to the home owner, what if the builder has no insurance ? Refused twice to provide insurance proof would this be problem for him in court, NJ State has some kind of recovery fund in case builder or sub contractor disappears in thin air or does not have monies in his account any info. on this ? how does punitive damges works ? Thank you very much for your feedback. Thanks again

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One would think it would be a small problem for him in court.

Why would you even sign the contract if he refused to show proof of his insurance?

If you could tell us what exactly your builder has done maybe you would get more generalized answers.