New Jersey Complaint Against Contractor and Surety for Abandonment of Construction Project

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Multi-State
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US-01129BG
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Description

The failure of a building contractor to substantially perform the terms and conditions of a building contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


A surety is a person obligated by a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. A surety is often found when someone is required to post a bond to secure a promise to perform.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

As a general rule, lawsuits for breach of contract in New Jersey must be filed within six (6) years of the date the cause of action accrues. See N.J.S.A.

How to Deal With a Bad Contractor Fire the Contractor. Firing your contractor may seem obvious, but it's not an easy step when things go seriously wrong. ... Request a Hearing. ... Hire an Attorney. ... Take Your Case to Small Claims Court. ... File Complaints and Bad Reviews.

Learn what to do if your contractor is threatening or bullying you. Communicate and Document Everything in Writing. ... Refer to Your Agreement and Modify if Needed. ... Reach Out for Help. ... Withhold Payments. ... 5. Mail a Registered Letter. ... Seek Arbitration. ... File Through Small Claims Court. ... Part Ways.

Corrective actions can include revising the contract, imposing penalties, withholding payments, terminating the contract, or taking legal action. However, before you take any corrective action, you should consult your contract, follow due process, document the evidence, and communicate with your contractor.

1 | Create a Collaborative Project to Help Identify Problems Early Use Daily Reports. ... Perform Subcontractor Performance Assessments. ... Talk to their Foreman, Employees, and/or Sub-Subs at the Site. ... Supplementing a Non-Performing Subcontractor. ... Terminating a Non-Performing Subcontractor.

Attempt Communication. Open communication and transparency are critical throughout a home improvement project where you've hired a contractor. ... Review Your Contract. ... Compile a Paper Trail. ... Send a Formal Notice. ... Legal Options. ... Look for a New Contractor. ... Leave Reviews. ... Contact Agencies to Assist.

Always inform your contractor in writing that they are at risk of breach of contract. File a complaint with your local state licensing board. When a contractor receives enough complaints, the board can choose to publish this info. You can attempt to resolve any issues by opting for arbitration or mediation.

What Should You Not Say to a Contractor? 'I'm not in a hurry' ... 'I know a great roofer/electrician/cabinet installer! ... 'We had no idea this would be so expensive' ... 'Why can't you work during the thunderstorm/snow/heat wave? ... 'I'll buy my own materials' ... 'I can't pay you today. ... 'I'll pay upfront' ... 'I'm old school.

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New Jersey Complaint Against Contractor and Surety for Abandonment of Construction Project