New Jersey Lawyers BlogNew Jersey Consumer Fraud Damages and Attorneys Fees in Construction Projects Examined by Appeals Court
New Jersey construction law incorporates the damages provisions of the Consumer Fraud Act in residential home improvement construction projects. A New Jersey appeals court recently analyzed the recovery of triple damages and attorneys fees in construction projects under the Consumer Fraud Act, and personal liability for contractors, in two construction law decisions.
Background
Philip Dattolo hired EMC Squared, LLC to construct a new single-family home in Boonton, New Jersey. They signed a written contract. Toward the end of the project, Dattolo selected several
additional items to be included. A written change order to the original signed contract was drafted, but the change order was never signed. In January 2020 the home passed final inspections, and EMC’s owner, Edward Morgan, advised Dattolo that he could not continue working on the project. Dattolo refused to pay “one additional cent,” and complained that there were numerous construction defects which would cost him thousands of dollars to remediate.