Home Improvement gone bad- chimney liner

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I'm a first-timer to your Newsgroup.
I was wondering if I may get some legal advice on a home improvement project that went very bad. I live in the State of New Jersey.
Home Improvement gone bad- chimney liner:
The project started with being red-tagged from my local gas company because my water heater flue was back-drafting and the fumes where venting directly into my living space.
I hired a local chimney contractor to install a chimney liner because my chimney was to big to draw the air properly. To make a long story kind of short.....1. the contractor forgot to turn off my heater while working and the heating system "calf" the soot and soil all through out my home. I immediately asked him to come look at the damage to my home, he refused and said it was just a bit of dust. 2. Also, the contractor forgot to seal off the area he was working in so the immediate living space was soiled due to cutting through the masonry wall to the chimney's existing flue. The damage to my home was so great that I received nose bleeds, headaches, and was sick to my stomach. I couldn't live in my home till the toxic mater was cleaned up.
Consequently to correct this matter, I had set up an appointment with the chimney contractor to come and view the damages two days. He stated on the phone that he would be willing to pay my homeowner's deductible but was not willing to report the claim to his insurance company. I said this was not expectable to me. He said when he would come over we could try to work something out in a friendly fashion. He missed the appointment and never returned my follow-up call. I proceeded to have my homeowners insurance company come and clean-up my heating ducts/system, and my whole interior of my home and property...a four day clean up with five person team. I live in a three story townhouse 1,800 SF. I live and work from home and need to have the clean happen ASAP.
The contractor whom caused the damage showed up at my doorstep a week after the accident. He only showed up at my doorstep unannounced because I canceled payment for his work done. (The chimney is working correctly and the gas company has since removed the red-tagged and I can use the water heater.) He claims he couldn't make the appointment due to he was in a car accident. I said I was sorry to hear that but this is business and he should of had his insurance agent contacted me directly. He wanted to get pay and didn't want to furnish me with his company's insurance information (certificate of insurance). He said since the clean up was almost complete that his insurance company would not pay for the damages. I informed him that my insurance company took picture and wrote a report as did the professional cleaning up company and would forward the information to his company. I stated it is in the hands of the insurance companies. He still refused to supply me with this information and I said I will not pay him till this matter is resolved. He was screaming at me at this point.....tons of drama that scared me. I just shut my door on him. He screamed he was going to go to the police, I said good. I then dialed 911 and the police took my statement.
When the police arrived at my home they stated; it's against the law not to pay him the contractor for his work done even thought his work cause considerable damage to my home. That damage was a civil matter only. The officer state I must pay the contractor in 10 day after I receive his certified letter requesting payment or I will have to go to court for a criminal offense. Is this correct? Will I be issued a summons to go to court for a criminal offense because this contractor didn't do his work in a workman like manner; as it is stated in is his proposal/contract of work rendered? And I refuse to pay till the matter is settled? Don't I have the right to receive his insurance company information?
Thank you for reading this explanation. I would appreciate any advise this forum may have to offer.
Sincerely, Artist
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want to make sure I don't call him. I'm near exit 4. Is he in my phone book? I bet he doesn't even have insurance. I've been working with a bunch of contractors lately and have requested a certificate of insurance from every one before I signed the contract. None had a problem with that.
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Jeff Garden State Chimney P.O. Box, 293 Oaklyn, NJ 08107 He is listed in the Camden County Yellow Pages.
Do not use him..please!
He was $600.00 and was not the cheapest I had an estimate for $475.00. He listed he was insured so I used him..

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Artist, that company could sue you for posting that name and address and might even win. All they need to do is show a drop off in work and say your post was the cause. Please, be careful. I know you're angry but don't make it worse. If they did sue you you would lose even if you won because the legal expenses could be quite high. A word to the wise.
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well taken.
wrote

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Ed wrote:

They could sue. They would not win. Truth is an absolute defense to libel.
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Artist wrote:

Maybe so, but they aren't known to the BBB. It also seems there are a number of web hits for a company (or companies) using this name in the surrounding communities of Audubon, Haddon Heights and Collingswood. Curious....
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Artist wrote:

http://www.google.com/search?hl=en&q=%22Garden+State+Chimney%22+NJ&btnG=Google+Search
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You are exactly the kind of moonbat that drive contractors nuts.
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why? I have done nothing wrong. I stopped payment why he didn't show to see that damage to my home.

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I wouldn't have expected a different response from you. Really, why in the world would this person be upset? Her house was wrecked by a pro and at a fair price.
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Thank you Ed...:) Artist
wrote

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Ive stopped payment many times and have never heard of it being a criminal matter just a civil ,matter. I dought he has insurance or lisence or bond. Beat him to the draw and file in small claim on the insurance issue and check to see if he is really lisenced or your rates may be affected. If the police are right the fact that you filed will keep you from being persued by them.
Or talk to your city DA its free . You dont need to pay for legal advise, it is there, The DAs office will be interested in uninsured unlisenced contractors as that is a crime. The DA will probably direct you best, so you can beat him to the correct course of action and your protection.
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I was wondering about that, my township should have a DA. I really am concerned with the summons the Police will issue me, they said it is criminal. I will go down to City Hall Tuesday. This is a lot of work and time. But I believe I'm right and should at least get his insurance information.
Thank you for your affirmation that "stop payment" is different then a "bad check."

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Artist wrote:

You keep mentioning your fear and that you're nearing the 10 days you have to pay or something. But this is what you said in your first post:
"The officer state I must pay the contractor in 10 day after I receive his certified letter requesting payment or I will have to go to court for a criminal offense."
Do you still believe this to be the case, and have you received the letter?
%mod%
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Yes, I picked up the certified letter yesterday afternoon, the clock started ticking yesterday. The police officer confirmed this yesterday when I spoke to then.

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I think it is Civil, not criminal, As you paid and had the money in Your account . So call the friendly folks at your local police station and get The Facts. Now If you didnt have the $$ in you account he has a Good case for 3x plus court costs
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--
reply to: snipped-for-privacy@nc.rr.com
"m Ransley" < snipped-for-privacy@webtv.net> wrote in message
  Click to see the full signature.
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wrote:
I agree with zsazsa... I have found in the past that the police do not always know the law... They SHOULD.. but don't.. Chuck
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Dear m Ranselry, You are right in your statement. The funds are there. I will be trying to make an appoint with the DA. Very excellent advice, Thanks, Artist

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