Law Office Of Paul DePetris
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New Jersey Home Improvement Contract Lawsuit FAQs

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


NEW JERSEY HOME IMPROVEMENT CONTRACT LAWSUIT FAQs


WHAT IS A NEW JERSEY HOME IMPROVEMENT CONTRACT LAWSUIT?
A New Jersey home improvement contract lawsuit is usually a civil lawsuit between a New Jersey home improvement contractor and a New Jersey homeowner about the New Jersey home improvement contractor’s breach of the agreement related to home improvement work performed under the New Jersey home improvement contract or materials supplied under the New Jersey home improvement contract.  A New Jersey home improvement breach of warranty lawsuit involves warranties that the new Jersey home improvement contractor provided to New Jersey homeowners with the New Jersey home improvement contract.  When a New Jersey home improvement contractor breaches a New Jersey home improvement contract or a New Jersey home improvement contractor breaches a New Jersey home improvement contract warranty, the New Jersey homeowner can face expensive costs to repair the damage to their home.  


HOW DOES NEW JERSEY HOMEOWNER PROVE A NEW JERSEY HOME IMPROVEMENT CONTRACT LAWSUIT?
To establish a New Jersey home improvement contract lawsuit against a New Jersey home improvement contractor, the New Jersey homeowner must prove that:
1. The New Jersey homeowner and New Jersey home improvement contractor entered into a New Jersey home improvement contract containing certain terms – a valid New Jersey home improvement contract.  
2. The New Jersey homeowner did what the New Jersey home improvement contract required the New Jersey homeowner to do.  
3. The New Jersey home improvement contractor did not do what the New Jersey home improvement contract required the New Jersey home improvement contractor to do.  This failure is called a New Jersey home improvement contract.  
4. The New Jersey home improvement contractor’s breach, or failure to do what the New Jersey home improvement contract required, caused a loss to the New Jersey homeowner.  


HOW DOES NEW JERSEY HOMEOWNER PROVE THAT THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR BREACHED THEIR NEW JERSEY HOME IMPROVEMENT CONTRACT?
One of the elements that the New Jersey homeowner must prove is the New Jersey home improvement contractor’s breach of contract.  Failure to perform a New Jersey home improvement contract in accordance with its terms constitutes a New Jersey home improvement contract breach of contract.  It does not matter if the failure was purposeful or inadvertent.  A New Jersey home improvement contract breach may be material or minor.  The generally accepted rule is that whether a New Jersey home improvement contract breach is material is a question of fact.   However, New Jersey courts will enforce a New Jersey home improvement contractual provision establishing that a particular New Jersey home improvement contract breach is grounds for termination of the New Jersey home improvement contract.   the New Jersey homeowner can sue for any New Jersey home improvement contract breach, even if minor providing the New Jersey home improvement contract breach causes the New Jersey homeowner measurable injury or damage.  When there has been a minor breach that may have caused the New Jersey homeowner injury or damage, it is possible for you to conclude that the New Jersey home improvement contractor has nevertheless substantially performed is the New Jersey home improvement contract.  To find that the New Jersey home improvement contractor substantially performed the New Jersey home improvement contract, the New Jersey Court must have to conclude from the evidence that the New Jersey home improvement contractor made a good faith effort that actually achieved the essential purpose of the New Jersey home improvement contract and provide the New Jersey homeowner with the fundamental benefits that the New Jersey homeowner was supposed to receive from is the New Jersey home improvement contract.  If the New Jersey home improvement contractor substantially performed is the New Jersey home improvement contract, it will affect the amount of money damages that can be awarded for the New Jersey home improvement contract.  


HOW DOES A NEW JERSEY COURT DECIDE IF A NEW JERSEY HOME IMPROVEMENT CONTRACT BREACH IS MATERIAL OR MINOR?
A New Jersey home improvement contract breach is material if it affects the purpose of the New Jersey home improvement contract in an important or vital way. A material breach defeats the purpose of the New Jersey home improvement contract and is inconsistent with the intention of the New Jersey homeowner and New Jersey home improvement contractor to be bound by is the New Jersey home improvement contract terms.  When a New Jersey home improvement contractor materially breaches a New Jersey home improvement contract, the New Jersey homeowner has a right to terminate is the New Jersey home improvement contract and may be excused from further performance of plaintiff’s remaining obligations under is the New Jersey home improvement contract.  The New Jersey Court may use the following criteria for determining whether a New Jersey home improvement contract breach is material:
(1) the extent to which the injured party will be deprived of the benefit which he/she reasonably expected; 
(2) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived;  
(3) the extent to which the New Jersey homeowner or New Jersey home improvement contract defendant failing to perform or to offer to perform will suffer forfeiture;
(4) the likelihood that the New Jersey homeowner or New Jersey home improvement contract defendant failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances; 
(5) the extent to which the behavior of the New Jersey homeowner or New Jersey home improvement contract defendant failing to perform or to offer to perform comports with standards of good faith and fair dealing.


WHAT HAPPENS IF THE NEW JERSEY HOMEOWNER’S PROMISE UNDER IS THE NEW JERSEY HOME IMPROVEMENT CONTRACT WAS DEPENDENT UPON THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR’S PERFORMANCE AND THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR FAILS TO PERFORM UNDER THE NEW JERSEY HOME IMPROVEMENT CONTRACT?
When the New Jersey homeowner’s promise under is the New Jersey home improvement contract was dependent upon the New Jersey home improvement contractor’s performance and the New Jersey home improvement contractor fails to perform, then the New Jersey homeowner is excused from further performance of  the New Jersey homeowner’s promise.  When a New Jersey homeowner or New Jersey home improvement contractor materially breaches the New Jersey home improvement contract but does not indicate any intention to renounce or repudiate the remainder of the New Jersey home improvement contract, the New Jersey homeowner can elect to either continue to perform or cease to perform.  If the New Jersey homeowner elects to perform, the New Jersey home improvement contract plaintiff is deprived of an excuse for ceasing performance.  But even if the New Jersey homeowner elects to perform, the New Jersey home improvement contract plaintiff can still sue for any injury or damages suffered because of the material breach.


WHAT IS A NEW JERSEY HOME IMPROVEMENT BREACH OF IMPLIED WARRANTY OF GOOD WORKMANSHIP CASE?
The New Jersey implied warranty of good workmanship arises when certain New Jersey home improvement services are performed.  It is not uncommon for parties to a New Jersey home improvement contract to fail to state the New Jersey warranties, if any, associated with the New Jersey home improvement rendered under the New Jersey home improvement contract.  Also, a New Jersey homeowner may not have any guarantees as to work performed for another. For example, if a New Jersey home repair contractor provides services to a New Jersey homeowner and the home is subsequently purchased by a third party, that party may not have any express guarantee for those services. When there is no express contractual provision concerning workmanship, the law implies a covenant that the New Jersey contract will be performed in a reasonably good and workmanlike manner.  New Jersey warranties may be imposed on New Jersey home improvement contractors because they are often in a better position to prevent the occurrence of major problems.  This is called the New Jersey implied warranty of good workmanship.  For years, New Jersey courts have recognized the right to bring lawsuits against New Jersey home repair contractors under the New Jersey implied warranty of good workmanship.


Under the New Jersey implied warranty of good workmanship, the basic elements of a New Jersey breach of the New Jersey implied warranty of good workmanship are:
(1) The parties had a valid contract for the provision of services.
(2) There existed no valid exclusion or modification of the implicit promise that the New Jersey services will be performed in a workmanlike manner and/or that the result will be fit for its intended purpose.
(3) The New Jersey services rendered under the New Jersey contract were not performed in a workmanlike manner and/or the result was unfit for its intended purpose.
(4) The New Jersey homeowner suffered damages from the New Jersey home improvement breach of warranty. 


WHAT IS A NEW JERSEY HOME IMPROVEMENT BREACH OF WARRANTY LAWSUIT? 
A New Jersey home improvement breach of warranty lawsuit may arise where a New Jersey express warranty is issued for New Jersey home improvements.  The basic elements of a New Jersey home improvement breach of warranty lawsuit are: (1) The New Jersey home improvement contractor was the recipient of or beneficiary under a New Jersey express oral or written warranty, including any affirmation of fact or promise made by the New Jersey home improvement contractor related to New Jersey home improvements.  (2) New Jersey home improvements did not conform to the warranty and/or the New Jersey homeowner experienced problems with New Jersey home improvements.  (3) The New Jersey home improvement breach of warranty was material rather than one for trivial nonconformities/problems.  
(4) The New Jersey homeowner gave the New Jersey home improvement contractor an opportunity to cure the nonconformities/problems but the New Jersey home improvement contractor failed to cure those nonconformities/problems.  (5) In a reasonable time after discovering the nonconformities/problems, the New Jersey homeowner provided notice to the New Jersey home improvement contractor of the existence of those nonconformities/problems.  (6) In certain warranty cases, such as where the New Jersey home improvement contractor alleges secondary causes, the New Jersey homeowner did not continue to make deliberate and unreasonable use of the product after becoming aware of the nonconformity/problem or the New Jersey homeowner did not cause the problem or nonconformity by
abusing, misusing or modifying the product.(7) The New Jersey homeowner suffered damages from the New Jersey home improvement breach of warranty.


NEED HELP WITH YOUR NEW JERSEY HOME IMPROVEMENT CONTRACT LAWSUIT?
Handling your New Jersey home improvement contract lawsuit wrong from the beginning may only cost you more money and time in the end!!  Do it right the first time by seeking legal advice from a competent New Jersey lawyer!  Let the Law Office of Paul DePetris help you with your New Jersey home improvement contract lawsuit.  Not all New Jersey cases require you to pay expensive legal fees to get legal help.  Call or write Paul DePetris for a one time no obligation consultation.

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