By Fredrick P. Niemann, Esq. a New Jersey Contract attorney
Disputes often arise within the construction process. Sometimes contractors and subcontractors provide services that the owner either deems to be insufficient or not what they agreed upon. Other times, an owner will refuse to pay a contractor because they simply do not have the money. Whatever the reason, the construction forum provides numerous disputes between parties that need to be settled. While negotiations and settlements between the parties are often favorable, sometimes parties simply can’t agree. In these cases, the dispute is brought to the New Jersey Courts to figure out the proper course of action. The Courts offer a solution and finality to the dispute.
One recent dispute involved construction by plaintiff, a construction company, on the hotel of the defendant to help make the hotel more adequately able to handle inclement weather. After plaintiff completed the construction, they sought payment for repairing the storm drains and weatherproofing the rooms. Defendant refused to pay, claiming that the work was improper, insufficient, and overall not what they agreed to. The trial court, citing the fact that the defendant offered no expert testimony to show that plaintiff’s methods were improper, ruled for the plaintiff and awarded them the amount agreed to in the contract. Defendant appealed, the New Jersey Appellate Division deferred to the trial court judge, stating that they found no reason to doubt the judge’s findings, stating they were supported by adequate, substantial, and credible evidence.
Construction disputes are frequent and can provide serious headaches. An experienced Construction Law attorney can help negotiate a settlement with the opposing party or defend your case when you encounter an unreasonable adversary. It is important to hire a knowledgeable attorney who is familiar with local construction laws to ensure all your rights are upheld. Please call Fredrick P. Niemann, Esq., a qualified NJ Construction Law Attorney, toll-free at 888-800-7442. He can also be emailed at fniemann@hnlawfirm.com/. He would be happy to answers any questions you may have related to New Jersey construction laws.