Eric Probst authored an alert on a recent decision from the New Jersey Supreme Court that broadens the scope of liability under the New Jersey Consumer Fraud Act — New Jersey Supreme Court: Officers and Employees of Home Improvement Contracting Business Can Be Personally Liable For Consumer Fraud Violations. As the title suggests, employees and officers of home improvement contractors may now face liability under the Consumer Fraud Act, which is one of the most severe consumer protection statutes in the nation and permits the recovery of treble damages and attorneys' fees for successful plaintiffs.
Drafting A Home Improvement Contract Without Getting Wet
In an ongoing series, Eric Probst has been posting contract drafting tips for home improvement companies in the pool industry. In the latest installment, Tip #6 – Identify Customer's Responsibilities, Eric emphasizes the importance of identifying client responsibilities in the construction process, and memoralizing them in the agreement. Previous tips include:
Tip #1 – “Three Cs” – Clear, Concise, and Conspicuous
Tip #2 – Cancellation Provisions
Tip #4 – Describe the Work You Will Perform
Anyone involved in the industry would be wise to heed Eric's advice, so be sure to check back often for more tips.
Defect In Lien No Defect To Recovering Partial Payment On Lien
by: Steven P. Gouin
In New Jersey, certain construction contractors and subcontractors are entitled to file liens to secure payment for their services. Under the New Jersey Construction Lien Law, N.J.S.A. 2A:44A-1, et. seq. (“the Lien Law”), eligible contractors must make very specific filings and follow a strict timeline in order to ultimately foreclose on their liens. In many instances, a defectively filed lien can bar recovery or void the lien. However, in the recently decided Appellate Division case of Foulke v. Staval, Inc., a contractor, despite filing a defective lien, was still able to obtain partial payment of a debt.
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