Which Warranty for a Tear Down and Rebuild?
December 16, 2019
by Bob Incollingo
It’s not enough for a lawyer to know the answer to a simple question. That lawyer needs to be able to “cite to authority” so that a judge can have confidence that the question has been answered the same way in the past. Relying on past decisions is the basis for our common law system, and it works pretty well over competing approaches. [read more]
NJ Public Works Contractor Apprentice Program
October 15, 2019
by Bob Incollingo
The New Deal is not over. Eighty years on, the National Apprenticeship Act of 1937 authorizes and directs the Secretary of Labor “to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, (and) to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, ….” (29 U.S.C. 50a). [read more]
Goodbye Quantum Meruit
July 2, 2019
by Bob Incollingo
First and foremost, a lawsuit for breach of contract requires the existence of a contract, which here means an agreement the courts will enforce. If you have a written contract signed by the other party, then you’re on your way. In most instances, an oral agreement will also support a breach of contract claim, but you risk typical proof problems regarding terms. [read more]
The Lien Fund for Recovery
June 18, 2019
by Bob Incollingo
In the abstract, it’s hard to imagine anything less compelling than a disagreement over construction. Forgive the pun, but in concrete terms that view would be mistaken. Outrage over feeling ripped off is dyed in the bone of construction disputes. Owners and contractors anchor to outcomes, personally vested beyond proportion to the dollars involved. [read more]
Hard Question for the Handyman
June 06, 2019
By Bob Incollingo
I called my friend to help me hang a pegboard for my tools. He had hung his own pegboard, and I had admired it for a long while. My friend’s pegboard is an organized thing of beauty. He came over to help, and now my new pegboard is an organized thing of beauty, too. [read more]
Commercial Contractor Limitation of Actions
May 18, 2019
By Bob Incollingo
In my standard form of attorney-client agreement I include this paragraph:
“A disturbing recent trend in business is the use of contract terms which drastically shorten the time periods for bringing claims against the breaching party. [read more]
NJ Consumer Fraud Law: Completion vs. Substantial Completion
April 12, 2019
By Bob Incollingo
Property owners and contractors voluntarily distort and shift their legal rights and obligations by written contract. In my practice, I see far too little thought given to their terms of agreement, and far too much of the tragicomic results. Where an ounce of prevention could have prevented a pound of cure, a ton of misery winds up in court. [read more]
Consider an Owner’s Representative for your Home Improvement Contract
March 31, 2019
By Bob Incollingo
When an ordinarily calm contractor and homeowner disagree during a project, either one or both may find himself shaking with anger and frustration. In my experience, homeowners and contractors routinely talk past one another, with neither one giving the other the understanding they feel they are due.[read more]
Demand the Verified List in your Home Improvement Contract
March 11, 2019
By Bob Incollingo
From the homeowners’ standpoint, one of the most galling results of a home improvement contractor’s deviation from their agreement can be a construction lien recorded against title to the property by a subcontractor or supplier. Such a lien can be imposed even when the homeowners justifiably refuse to pay the prime contractor, or when the prime contractor abandons the work. [read more]
