OT: Attorney for new home issues

[Plum Street]

Friend has new single family home and is having issues with with builder and warranty company . This was new construction.
Any attorney recommendations to go after builder to fix issues ?
Supposedly the warranty company is useless.
NJ

 

[Frabjous_rivals]

Your friend might check the contract with the builder/warranty company for an Arbitration Clause. If there is an Arbitration Clause, I’m sorry to say, the cards are stacked against him.

 

[Plum Street]

Your friend might check the contract with the builder/warranty company for an Arbitration Clause. If there is an Arbitration Clause, I’m sorry to say, the cards are stacked against him.

I think that’s why they don’t want to go through warranty company and just want to lawyer up. I think

 

[Retired711]

I think that’s why they don’t want to go through warranty company and just want to lawyer up. I think

Yes, but if the contract with the builder requires arbitration, then they won't be able to go to court. Arbitration is not always terrible -- but a lot hinges on what the contract says about how it works (for instance, who picks the arbitrator)

 

[Knight Shift]

Yes, but if the contract with the builder requires arbitration, then they won't be able to go to court. Arbitration is not always terrible -- but a lot hinges on what the contract says about how it works (for instance, who picks the arbitrator)

And the friend would still need an attorney to handle the arbitration, which would likely be conducted similar to a trial. Depending on how the arbitration clause is drafted, their may be wiggle room to go to court, particularly in NJ, where there was is often a way to protect consumers, tenants and homeowners.

I actually went against the maxim years ago and represented myself and wife in an arbitration and not only won, but the other side had to pay a large percentage of the fees for the arbitration panel. It was my My Cousin Vinnie moment of sorts.

@Plum Street , what county? Your friend may want to do a search for construction attorneys. I knew a good one, but he is no longer practicing.

https://www.levelset.com/news/new-j...uses-must-be-crystal-clear-to-be-enforceable/

 

[Plum Street]

And the friend would still need an attorney to handle the arbitration, which would likely be conducted similar to a trial. Depending on how the arbitration clause is drafted, their may be wiggle room to go to court, particularly in NJ, where there was is often a way to protect consumers, tenants and homeowners.

I actually went against the maxim years ago and represented myself and wife in an arbitration and not only won, but the other side had to pay a large percentage of the fees for the arbitration panel. It was my My Cousin Vinnie moment of sorts.

@Plum Street , what county? Your friend may want to do a search for construction attorneys. I knew a good one, but he is no longer practicing.

https://www.levelset.com/news/new-j...uses-must-be-crystal-clear-to-be-enforceable/

Union.
Yeah they’re getting a lawyer. Think they found some

Ha I imagine you had a better track record than Vinny gambini !!

 

[Knight Shift]

Union.
Yeah they’re getting a lawyer. Think they found some

Ha I imagine you had a better track record than Vinny gambini !!

Our arbitration hearing was interesting. A panel of 3 attorneys, all high billing partners. IIRC (and this was about 25 years ago), total cost was $30,000. That's a lot of money, but we were pretty certain we were in the right. The tricky part was when I was deposed at the hearing--I had nobody to defend me or object on my behalf, except myself. But I talk to myself all the time, and it worked out. Post back if you absolutely need a name--I could ask, but if your friend found someone, they should be set. Depending on this issue, and attorney with construction experience would be great.

 

[Plum Street]

Our arbitration hearing was interesting. A panel of 3 attorneys, all high billing partners. IIRC (and this was about 25 years ago), total cost was $30,000. That's a lot of money, but we were pretty certain we were in the right. The tricky part was when I was deposed at the hearing--I had nobody to defend me or object on my behalf, except myself. But I talk to myself all the time, and it worked out. Post back if you absolutely need a name--I could ask, but if your friend found someone, they should be set. Depending on this issue, and attorney with construction experience would be great.

I think they found someone .
But I would pass a name along if you have . Thanks !