First off my bet is if it went to court the judge would split into two
separate issues, like I have. Was the job done? Yes! Then pay him.
Secondly would be the damages. The home owner win probably win out on this,
but a judge would deduct the contractors job from the damages. either way he
gets paid for the job, so to speak, but the damages eat up the income from
As far as giving it to the insurance company, if the insurance company is
like most, they will pursue the issue of damages with the contractor. In
other words the insurance company probably will not pay out, but they will
be the muscle to collect the money either from the contractor or the
contractor's insurance. That is why you pay them!
Trust me, I have been there! On both sides of the issue! That is how it went
down both times.
The contractor has given me the certificate of insurance today along with
the original check. I have issued a new check. Now I cam submit the claim
through my insurance company.
A big thanks to every one for their advice and guidance, very much
Are you in Woodbridge Township? If so, you may be able to have the
local DA bring criminal charges against the company. Check with Marta
Lefsky, Woodbridge Township Director of Planning and Development.
I live in NJ and insurance in this state is out the roof. You can only have
three claims on your policy. I have none so fare then this came. It not my
claim it should be the contractors. I don't want my rates to be increased or
canceled because of this dead beet contractor.
Roughly said sorry.
15 years ago I had a somewhat similar problem. I withheld payment and sued
him; he countersued for his pay. I "won" but not what I wanted.
Anyhow, 15 years ago in NY it was not illegal to refuse to pay a contractor.
Maybe it is now, or maybe it is in NJ.
You need a lawyer now. This group is great for home repair advice (though a
big chunk of it is wrong), but pretty useless for NJ law.
Good luck; unfortunately you will need it.
You really need to talk to an attorney in NJ. I suspect that the
contractor will not push the issue officially. He likely is not insured
(both liability and workman's comp, may not be properly licensed. If he
contacts you, tell him that you are planning to have him investigated for
lack of insurance and proper licenses. I suspect that will be the end of it.
However. In most areas he can ask for a lien placed on your property.
That's why you really need to contact the attorney.
Did you stop payment on the check? That can be a criminal problem and you
will have to convince a judge that you did it because you discovered the
work was defective, not because you were trying to stiff him. Otherwise in
most states, his getting paid is a civil manner though he might be able to
get a lien on your home temporarily.
Yes I did four days after trying to get him to view that damages or send out
his insurance agent.
His chimney work fine and the red-tag placed on it by the gas company has
been removed. But living my house in that state makes this a civil matter,
not criminal. I believe I can prove to the Judge that it was his workmanship
that made me stop payment along with other issues previously mentioned here.
Indeed that is your problem. I would talk to an attorney before doing
anything else. I doubt the job was performed properly since he was clearly
incompetent so I would talk to an attorney before doing anything else. You
also might check with the court system to see if they have a place to put
money in issue in a stop payment case like this to show good faith.
Did you sign a contract, did it state "work is to be completed in a
Professional matter "
Well it wasn`t , Quit your worring , Im a Pro and have hired and Stop
Payed on your type of hacks. Blow fire at fire , He`s a con
Thank you m Ransley.
I am blowing fire at him by filing a complaint to BBB and Consumer Affairs,
among other things.
The contract does state that, and it's exactly why I haven't paid him yet. I
plan to pay when this matter is resolved. He did do the work but trashed my
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