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What to Do When There Are Defects in Your New Home in New Jersey

Home in New Jersey

When you’ve built or bought a new home, you expect that everything will function the way it’s supposed to, that there won’t be defects caused by builder error or oversight. Unfortunately, the construction industry is one that rewards builders for the speed with which they finish a new home. That approach can often result in substandard performance.

Under New Jersey law, the owner of a new home has certain protections under the state’s New Home Warranty and Builders’ Registration Act. Pursuant to that statute, the builder of a new home makes certain warranties about the quality and functionality of the home and its component parts:

  • There’s a one year general warranty against defects, covering workmanship, materials, plumbing, electrical and mechanical systems, as well as appliances, fixtures and equipment
  • There’s a two year warranty on certain mechanical, electrical, plumbing and major structural defects, such as septic tanks and HVAC systems
  • Starting in year three and continuing for the first ten years of the life of the home, there’s a warranty against major structural defects. That includes framing or structural elements, such as studs, roofing, rafters, beams and load-bearing walls.

The warranty does not apply to anything considered to be normal wear and tear and may also exclude any changes to the home resulting from carelessness or improper maintenance by the homeowner.

If you have a claim under the statute, you can file a lawsuit in court or you can file a claim under your warranty. Warranty claims are typically resolved through arbitration. The builder is customarily given the opportunity to fix the problem, but may choose to pay for the repair or replacement.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Protecting Yourself Against Home Improvement Fraud in New Jersey

The Requirements for a Home Improvement Contract in New Jersey

Custom Kitchen Design Drawing

The state of New Jersey takes consumer fraud seriously, including any fraud perpetrated by persons offering home improvement services to homeowners. Under New Jersey’s Home Improvement Practices Act, this includes general contractors, landscaping contractors, clearing or restoration contractors and anyone performing home improvement or repair service for a homeowner. All home improvement contractors must annually register with the New Jersey Division of Consumer Affairs and may be denied permits if they have not done so.

Home Improvement Contracts in New Jersey

Under the provisions of the Home Improvement Act, any contract for home improvement services in excess of $500 must be in writing. Furthermore, the written agreement must include the following:

  • The legal name, address and state registration number of the contractor, as well as any subcontractors
  • When the work will start, as well as a projected completion date
  • A full and accurate description of all work to be done and all services to be provided
  • The full amount that the homeowner will be charged for all services and materials, including any potential finance charges
  • A full description of all supplies and materials the contractor anticipates using to complete the project
  • A description of any type of security interest the contractor will take regarding the payment for home improvement services
  • Any guarantee that the contractor offers regarding the services provided
    The contractor must advise the homeowner of the right to cancel the contract any time within three days of signing. The contractor must also give the homeowner a copy of his or her general liability insurance policy.

Contact Attorney David J. Karbasian

Contact our office online or call us at 856-667-4666 to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home or the hospital, if necessary.

Nursing Home Neglect a Serious Problem

nursing-home-neglect-a-serious-problemWhen your loved one needs assisted living or nursing home care, you expect that they will be well-tended, and that their days there will be free from pain and suffering. Unfortunately, nursing home care is big business in America, and the bottom line frequently takes priority over patient well-being. In some instances, residents are simply victims of bad behavior by nursing home operators and their employees.

The National Center on Elder Abuse released a report in 2015, documenting the findings of a study conducted over 12 months. The statistics were startling:

  • More than half of all workers in nursing homes admitted to not providing proper treatment during the study. Some of this stems from the fact that most nursing homes are understaffed, and personnel cannot provide the level of care required by every resident.
  • Nearly a third (29%) of the reported abuse is physical abuse and approximately one in seven cases (14%) involve gross neglect. In addition, seven percent of the abuses involved financial exploitation.
  • One in three nursing homes received citations during 2015 for non-compliance with federal regulations governing nursing home operations.
  • More than 20,000 residents of nursing homes suffered serious injuries to their face in 2015, often a result of falling out of bed or falling and hitting a chair, table or other hard surface. More than half of those residents were over the age of 85 and almost two-thirds were female.

Contact Attorney David J. Karbasian

Contact our office online or call us at 856-667-4666 to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home or the hospital, if necessary.

We handle all nursing home injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

New Jersey Authorities Charge Home Improvement Contractors with Defrauding Sandy Victims

new-jersey-authorities-charge-home-improvement-contractors-with-defrauding-sandy-victimsOfficials estimate that Hurricane Sandy, which hit the Atlantic in October, 2012, caused nearly $30 billion in damage to property in New Jersey, including nearly 350,000 homes that were damaged by the storm. Earlier this month, New Jersey officials announced that two home improvement contractors have been charged with using deceptive practices to fleece the federal government out of more than a million dollars in relief funds. They also say that the contractors took homeowner money and then failed to begin work or to finish work on a number on as many as 12 different homes.

Under New Jersey law, a home improvement contractor can be liable for fraud for a variety of acts:

  • Knowing omitting or failing to disclose a material fact, including knowledge that a project will not be completed by an agreed upon date
  • Intentional misrepresentation—making statements the contractor knows or has reason to know are not true. This can include promises to use certain materials or references to the skill level of any worker.
  • Regulatory violations—this is the most common type of infringement and may result in treble damages

According to state authorities, the homeowners in the cases involved here received funds through the RREM (Reconstruction, Rehabilitation, Elevation and Mitigation) program. The state of New Jersey has demanded restitution of all funds received by the two contractors, as well as a court order permanently prohibiting the owners of the companies from participating in any way with companies doing home improvement work in New Jersey moving forward.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

We handle all product liability claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

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