Law Office Of Paul DePetris
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New Jersey Implied Warranty Of Good Workmanship FAQs

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every Court rule, code or law that may apply to your New Jersey case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


NEW JERSEY BREACH OF IMPLIED WARRANTY OF GOOD WORKMANSHIP FAQs


WHAT IS A NEW JERSEY BREACH OF IMPLIED WARRANTY OF GOOD WORKMANSHIP CASE?
To understand what a New Jersey implied warranty of good workmanship lawsuit involves, you must first understand what an express warranty is.  Express warranties are promises made in connection with the performance of services or purchase of goods or services.   An express warranty provides guarantees about the quality of the goods or services performed or purchased by a customer.  The business performing services or selling the goods or services makes some form of oral or written promise to the customer about the work, goods or services performed for or sold to the customer.  A New Jersey implied warranty of good workmanship lawsuit arises when certain construction or home improvement services are performed.  If a contractor performs work at a home, the contractor should perform good work when completing the job.   It is not uncommon for parties to a Contract to fail to state the warranties, if any, associated with the work performed under the Contract.  Also, a Homeowner may not have any guarantees as to work performed for another.  For example, if a contractor provides services to a Homeowner and the home is subsequently purchased by a third party, that party may not have any express guarantee for those services.  In a New Jersey implied warranty of good workmanship case, when there is no express contractual provision concerning workmanship, the law implies a covenant that the work under the contract will be performed in a reasonably good and workmanlike manner.  In a New Jersey implied warranty of good workmanship case, warranties may be imposed on contractors because they are often in a better position to prevent the occurrence of major problems.  This is called the New Jersey implied warranty of good workmanship.  For years, Courts have recognized the right to bring New Jersey implied warranty of good workmanship lawsuits against contractors.  Because these cases can be complex, seriously consider hiring any experienced New Jersey warranty attorney to handle your case.


HOW DO I PROVE A NEW JERSEY BREACH OF IMPLIED WARRANTY OF GOOD WORKMANSHIP LAWSUIT?
To prove a New Jersey implied warranty of good workmanship case, the homeowner must prove the following elements:
(1) The parties had a valid contract for the provision of services or the homeowner was a third party beneficiary or a successor in interest to another party who entered into a contract with a contractor.
(2) There existed no valid exclusion or modification of the implicit promise that the New Jersey services will be performed in a workmanlike manner and/or that the result will be fit for its intended purpose.
(3) The New Jersey services rendered under the New Jersey contract were not performed in a workmanlike manner and/or the result was unfit for its intended purpose.
(4) The Homeowner suffered damages from the contractor’s breach of warranty. 
Because proving New Jersey implied warranty of good workmanship lawsuits can be quite challenging, consider hiring an experienced New Jersey warranty attorney to handle your case.


WHAT DAMAGES MIGHT I RECOVER IN A NEW JERSEY IMPLIED WARRANTY OF GOOD WORKMANSHIP LAWSUIT?
A plaintiff who wins a New Jersey implied warranty of good workmanship case may recover compensatory damages for such losses as may fairly be considered to have arisen naturally from the breach of warranty.  Alternatively, plaintiff may be entitled to such damages as may reasonably be supposed to have been contemplated by both parties, at the time they made the warranty, as the probable result of the breach of such warranty.   Compensatory damages for breach of warranty are designed under the law to place the injured party in as good a monetary position as he/she would have enjoyed if the warranty had been performed as promised.  In arriving at the amount of the award, the court should include all damages suffered by the plaintiff because of lost profits within the reasonable contemplation of the parties at the time of the making of the warranty; that is to say, profits which the plaintiff would have made but for the breach of the warranty by the defendant.  In a New Jersey implied warranty of good workmanship lawsuit, If the court finds that the plaintiff has in fact suffered loss of profits as a result of the defendant’s breach of warranty, then the fact that the precise amount of plaintiff’s damages may be difficult to ascertain should not affect the plaintiff’s recovery.  The plaintiff in a New Jersey implied warranty of good workmanship lawsuit is to be awarded damages for such loss of profits as is capable of determination with reasonable certainty.   In arriving at the amount of any loss of profits sustained by the plaintiff, the court may consider any past earnings of the plaintiff in his/her business, as well as any other evidence bearing upon the issue.
AN EXPERIENCED NEW JERSEY WARRANTY ATTORNEY AVAILABLE TO HELP WITH YOUR NEW JERSEY WARRANTY LAWSUIT
Get help for your New Jersey implied warranty of good workmanship lawsuit from an experienced New Jersey warranty attorney.   Handling your warranty lawsuit wrong from the beginning may only cost you more money and time in the end!!  Do it right the first time by seeking legal advice from an experienced New Jersey warranty attorney!  Not all New Jersey cases require you to pay expensive legal fees to get legal help from an experienced New Jersey warranty attorney.  Call or send an email to Paul DePetris for a one time no obligation consultation.  Why take a chance with your expensive improvements to your home or some other type of property?   Since proving these cases can be challenging, hire an experienced New Jersey warranty attorney to help you with your case.
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