Home>Levelset Community>Legal Help>Do I have a case against false promises from contractor?

Do I have a case against false promises from contractor?

I am a homeowner that was misled by an acoustical consulting contractor. They came to assess the extent of the impact noise and vibration in my home.. and recommended for us to install rubber underlayment and floating floors on the top floor to combat both issues. They promised 70% reduction in noise but it was not explicitly written in the contract. Halfway through the project, I had expressed concerns since all the rubber underlayment was installed and we could still hear the impact noise and the vibrations had gotten worse. We were told to see the project all the way through and allow them to finish installing the laminate flooring to see if it would work. We did... and now the contractor is saying that our house has structural issues and that he is not taking any responsibility for the lack of noise improvement and the vibration issues that have exacerbated. He is now suggesting that we strengthen the joists and promises that we will see a 70% reduction in noise after doing so. I can no longer trust the word of this contractor and don't want to pay to have more work done that may cause even more issues. The estimate we signed was for 13k and we only paid 50% of it.

1 reply

Mar 16, 2021

To start, it would be important for an attorney to see the terms of the contract in order to respond to your question. And hopefully, you have at least two witnesses to the contractor’s oral representation and promise of a 70% reduction in noise. It is certainly understandable that you would not want to proceed with this contractor. You might consider having the issues, work, and status reviewed by another contractor. You are probably considering withholding the 50% balance due to be paid. Ultimately, the contractor may file a mechanic’s lien against your property and would have a year in which to file an action to enforce it. It would be wise to state your case for withholding the remaining payment to the contractor in writing – including the threat of retaining counsel and having an attorney pursue a lawsuit against the contractor for breach of contract, fraud, negligent misrepresentation, breach of implied contract, breach of the implied covenant of good faith and fair dealing and, importantly, violation of the New Jersey Consumer Fraud Act (which claim, if successful, would entitle you to treble/triple damages plus attorney’s fees) for deceptive practices constituting “unconscionable commercial conduct” and, perhaps, for regulatory violations that would also constitute violations of that Act. And it really may be wise to hire an attorney, now, to write that letter – thereby sending the firm message to the contractor that you are committed to enforcing your rights. Your goals, which may be accomplished with this strategy, appear to be to withhold the 50% outstanding and to dissuade the contractor from filing a mechanic’s lien. To further discuss, I am at tcamp@maringoodman.com and (914)412-7261 direct.

Terence Camp

0 people found this helpful

Helpful