Law Office Of Paul DePetris
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New Jersey Construction Contracts facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule 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 of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

NEW JERSEY BUILDING CONTRACT LAWSUITS AND NEW JERSEY CONSTRUCTION CONTRACT LAWSUIT FACTS

WHAT IS A NEW JERSEY CONSTRUCTION CONTRACT?
A New Jersey construction contract is a legally enforceable New Jersey construction agreement to do or not to do something. It may be written or in certain cases, oral.

WHAT IS A NEW JERSEY CONSTRUCTION CONTRACT DISPUTE OR A NEW JERSEY CONSTRUCTION CONTRACT CASE?
A New Jersey construction contract dispute or a New Jersey construction contract case is a New Jersey construction lawsuit between a New Jersey construction contractor and another party, such as a New Jersey homeowner or other New Jersey real estate owner, New Jersey business owner or a New Jersey subcontractor about a New Jersey construction contract.

WHO IS THE PLAINTIFF IN A NEW JERSEY CONSTRUCTION CONTRACT CASE?
A “plaintiff” is the person or company that files the New Jersey construction contract lawsuit.

WHO IS A DEFENDANT IN A NEW JERSEY CONSTRUCTION CONTRACT CASE?
A “defendant” is the person or company that is sued in a New Jersey construction contract lawsuit.

WHAT IS THE DOCTRINE OF THE SUBSTANTIAL PERFORMANCE OF A NEW JERSEY
BUILDER?
A New Jersey builder who has fully performed a New Jersey construction contract in all its details is entitled to recover the entire New Jersey construction contract price. Where a New Jersey builder has substantially performed the New Jersey construction contract, although there are some defects or omissions in his/her performance, he/she is entitled to recover the New Jersey construction contract price minus a fair allowance for the defects or omissions in performance. Substantial performance has occurred when: (1) there has been such an approximation to complete performance that the New Jersey real estate owner obtains substantially what is called for by the New Jersey construction contract; and (2) the defects in performance are not so serious as to deprive the New Jersey real estate owner of the intended use of the property.

The New Jersey builder has the burden of proof as to substantial performance. The New Jersey real estate owner has the burden of proof as to the amount of fair allowance for defective work or omissions for which the New Jersey real estate owner is entitled to credit. The New Jersey builder in a construction contract is entitled to recover upon proof of substantial performance. However, the burden of proof as to substantial performance and that the defects were not so serious as to deprive the New Jersey real estate owner of the intended use of the property is upon the New Jersey builder. The burden of proving the amount of allowance for defective work is upon the New Jersey real estate owner.

DISPUTES ABOUT CHARGES FOR NEW JERSEY CONSTRUCTION CONTRACT EXTRAS WHERE THE NEW JERSEY BUILDING CONTRACT WAS SILENT AS TO THE CHANGES OR NEW JERSEY CONSTRUCTION CONTRACT EXTRAS
Where “New Jersey construction contract extras” are claimed by the New Jersey builder the first issue to be resolved is whether the items claimed as New Jersey construction contract extras were included within the terms of the basic New Jersey construction contract between the New Jersey real estate owner and the New Jersey builder. If they were, the New Jersey builder is not entitled to additional compensation. If they were not included within the basic New Jersey construction contract the New Jersey builder is entitled to additional compensation only if the New Jersey construction contract extras were requested or authorized by the New Jersey real estate owner. If the New Jersey construction contract extras were requested or authorized by the New Jersey real estate owner, and if there was a New Jersey construction agreement between the New Jersey construction contract lawsuit plaintiff and New Jersey construction contract defendant as to the price to be paid for such New Jersey construction contract extras, the New Jersey builder is entitled to receive the agreed price. if the New Jersey construction contract extras were requested or authorized by the New Jersey real estate owner, and there was no New Jersey construction agreement as to price, the New Jersey builder is entitled to be paid the reasonable value of the New Jersey construction contract extras. Whether a New Jersey builder is entitled to compensation for New Jersey construction contract extras is determined by basic New Jersey contract law. The issue is whether there was a New Jersey construction agreement express or implied that the New Jersey builder be paid. If what the New Jersey builder did was comprehended within the construction contract, there are no New Jersey construction contract extras. One example was a dispute between a New Jersey construction contractor and a sub-contractor. The issue was whether the sub-contractor was entitled to payment for pouring concrete into uneven rock in order to bring it to “pay” lines [lines set out in drawings]. He/She was held entitled to payment, but as specified in the New Jersey construction contract, although this was in a sense “extra work”. If the New Jersey construction contract work under the New Jersey construction contract was performed without the New Jersey real estate owner’s request or authorization, and the New Jersey real estate owner has not agreed to pay, he/she is not liable. If the New Jersey real estate owner has requested or authorized the New Jersey construction contract work under the New Jersey construction contract, he/she is liable. If there has been a New Jersey construction agreement as to price, that New Jersey construction agreement would control. In the absence of New Jersey construction agreement quantum meruit would be the only means for determining the amount of compensation.

DISPUTES ABOUT CHARGES FOR NEW JERSEY CONSTRUCTION CONTRACT EXTRAS WHERE
THE NEW JERSEY BUILDING CONTRACT WHERE THE NEW JERSEY CONSTRUCTION CONTRACT
PROHIBITS CHANGES WITHOUT WRITTEN AUTHORITY
If a New Jersey construction contract contains a provision that the New Jersey real estate owner shall not be liable for extra work unless he/she has authorized it in writing, the New Jersey builder cannot recover for services rendered or materials supplied in addition to those specified in the New Jersey construction contract unless the New Jersey builder proves that there has been a new and subsequent New Jersey building contract that he/she be paid for such additional work or materials (New Jersey construction contract extras). This subsequent New Jersey building contract may be an oral New Jersey construction agreement or may be implied from the conduct of the New Jersey construction contract lawsuit plaintiff and New Jersey construction contract defendant. It must show a New Jersey construction agreement by the New Jersey construction contract lawsuit plaintiff and New Jersey construction contract defendant that the extra work was to be done and a New Jersey construction agreement by the New Jersey real estate owner to pay for it. The issue involved is whether there was a subsequent New Jersey building contract for adequate consideration covering the New Jersey construction contract work under the New Jersey construction contract. The governing rule is that parties to a existing contract may, by mutual consent, modify it. The New Jersey construction contract lawsuit plaintiff and New Jersey construction contract defendant cannot be prevented from entering into a New Jersey construction contract, written or oral, by a provision that a subsequent New Jersey construction agreement not in writing shall not be binding. New Jersey Courts might require clear and convincing proof when a New Jersey plaintiff or New Jersey defendant alleges oral modification of a written New Jersey construction agreement that expressly prohibits such oral modification.

WHAT HAPPENS IF A NEW JERSEY BUILDER FAILS TO PROVE SUBSTANTIAL
PERFORMANCE AND SUES IN QUASI-CONTRACT?
Even if the New Jersey builder in a construction contract fails to prove substantial performance, (even if his/her default under the New Jersey construction contract is willful) he/she may recover compensation if the benefit which he/she conferred upon the New Jersey real estate owner exceeds the harm which he/she caused the New Jersey real estate owner, provided the New Jersey real estate owner accepted or retained the benefit of the partial performance. In such case the New Jersey builder is entitled to recover the reasonable value of the New Jersey construction contract work under the New Jersey construction contract performed by the New Jersey builder after deducting from it the loss caused by the New Jersey builder’s breach which can include increases in the cost of completion, losses resulting from delays, or harm caused by below-par performance. However, the reasonable value may not be greater than the proportion of the New Jersey construction contract price which the reasonable value of the New Jersey construction contract work under the New Jersey construction contract completed bears to the reasonable value of all the New Jersey construction contract work under the New Jersey construction contract contemplated by the New Jersey construction contract parties.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case 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 case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case 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!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.

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