I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company because
my water heater flue was back-drafting and the fumes where venting directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind of
short.....1. the contractor forgot to turn off my heater while working and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused and
said it was just a bit of dust. 2. Also, the contractor forgot to seal off
the area he was working in so the immediate living space was soiled due to
cutting through the masonry wall to the chimney's existing flue. The damage
to my home was so great that I received nose bleeds, headaches, and was sick
to my stomach. I couldn't live in my home till the toxic mater was cleaned
up.

Consequently to correct this matter, I had set up an appointment with the
chimney contractor to come and view the damages two days. He stated on the
phone that he would be willing to pay my homeowner's deductible but was not
willing to report the claim to his insurance company. I said this was not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior of
my home and property...a four day clean up with five person team. I live in
a three story townhouse 1,800 SF. I live and work from home and need to have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a car
accident. I said I was sorry to hear that but this is business and he should
of had his insurance agent contacted me directly. He wanted to get pay and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to his
company. I stated it is in the hands of the insurance companies. He still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. The
officer state I must pay the contractor in 10 day after I receive his
certified letter requesting payment or I will have to go to court for a
criminal offense. Is this correct? Will I be issued a summons to go to court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of work
rendered? And I refuse to pay till the matter is settled? Don't I have the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise this
forum may have to offer.

Sincerely,
Artist

"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

man, who was that contractor? I'm having some chimney work done soon and
want to make sure I don't call him. I'm near exit 4. Is he in my phone book?
I bet he doesn't even have insurance. I've been working with a bunch of
contractors lately and have requested a certificate of insurance from every
one before I signed the contract. None had a problem with that.

Jeff
Garden State Chimney
P.O. Box, 293
Oaklyn, NJ 08107
He is listed in the Camden County Yellow Pages.

Do not use him..please!



He was $600.00 and was not the cheapest I had an estimate for $475.00.
He listed he was insured so I used him..

"Kathy" wrote in message
...

"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

man, who was that contractor? I'm having some chimney work done soon and
want to make sure I don't call him. I'm near exit 4. Is he in my phone
book?
I bet he doesn't even have insurance. I've been working with a bunch of
contractors lately and have requested a certificate of insurance from
every
one before I signed the contract. None had a problem with that.

"Artist" wrote

Jeff
Garden State Chimney
P.O. Box, 293
Oaklyn, NJ 08107
He is listed in the Camden County Yellow Pages.

Do not use him..please!

Artist, that company could sue you for posting that name and address and
might even win. All they need to do is show a drop off in work and say your
post was the cause. Please, be careful. I know you're angry but don't make
it worse. If they did sue you you would lose even if you won because the
legal expenses could be quite high. A word to the wise.

well taken.

"Ed" wrote in message
...

"Artist" wrote

Jeff
Garden State Chimney
P.O. Box, 293
Oaklyn, NJ 08107
He is listed in the Camden County Yellow Pages.

Do not use him..please!

Artist, that company could sue you for posting that name and address and
might even win. All they need to do is show a drop off in work and say
your
post was the cause. Please, be careful. I know you're angry but don't make
it worse. If they did sue you you would lose even if you won because the
legal expenses could be quite high. A word to the wise.

Ed wrote:
"Artist" wrote

Jeff
Garden State Chimney
P.O. Box, 293
Oaklyn, NJ 08107
He is listed in the Camden County Yellow Pages.

Do not use him..please!

Artist, that company could sue you for posting that name and address
and might even win. All they need to do is show a drop off in work
and say your post was the cause. Please, be careful. I know you're
angry but don't make it worse. If they did sue you you would lose
even if you won because the legal expenses could be quite high. A
word to the wise.

They could sue. They would not win. Truth is an absolute defense to libel.

Artist wrote:
Garden State Chimney
Oaklyn, NJ 08107
He is listed in the Camden County Yellow Pages.

Maybe so, but they aren't known to the BBB. It also seems there are a
number of web hits for a company (or companies) using this name in the
surrounding communities of Audubon, Haddon Heights and Collingswood.
Curious....

Interesting. What kind of web hits?

"Travis Jordan" wrote in message
...
Artist wrote:
Garden State Chimney
Oaklyn, NJ 08107
He is listed in the Camden County Yellow Pages.

Maybe so, but they aren't known to the BBB. It also seems there are a
number of web hits for a company (or companies) using this name in the
surrounding communities of Audubon, Haddon Heights and Collingswood.
Curious....

Artist wrote:
Interesting. What kind of web hits?

http://www.google.com/search?hl=en&q... Google+Search

You are exactly the kind of moonbat that drive contractors nuts.

why? I have done nothing wrong. I stopped payment why he didn't show to see
that damage to my home.

"Matt" wrote in message
ups.com...
You are exactly the kind of moonbat that drive contractors nuts.

"Matt" wrote

You are exactly the kind of moonbat that drive contractors nuts.

I wouldn't have expected a different response from you. Really, why in the
world would this person be upset? Her house was wrecked by a pro and at a
fair price.

Thank you Ed...
Artist

"Ed" wrote in message
...

"Matt" wrote

You are exactly the kind of moonbat that drive contractors nuts.

I wouldn't have expected a different response from you. Really, why in the
world would this person be upset? Her house was wrecked by a pro and at a
fair price.

Ive stopped payment many times and have never heard of it being a
criminal matter just a civil ,matter. I dought he has insurance or
lisence or bond. Beat him to the draw and file in small claim on the
insurance issue and check to see if he is really lisenced or your rates
may be affected. If the police are right the fact that you filed will
keep you from being persued by them.

Or talk to your city DA its free . You dont need to pay for legal
advise, it is there, The DAs office will be interested in uninsured
unlisenced contractors as that is a crime. The DA will probably direct
you best, so you can beat him to the correct course of action and your
protection.

I was wondering about that, my township should have a DA. I really am
concerned with the summons the Police will issue me, they said it is
criminal. I will go down to City Hall Tuesday. This is a lot of work and
time. But I believe I'm right and should at least get his insurance
information.

Thank you for your affirmation that "stop payment" is different then a "bad
check."


"m Ransley" wrote in message
...
Ive stopped payment many times and have never heard of it being a
criminal matter just a civil ,matter. I dought he has insurance or
lisence or bond. Beat him to the draw and file in small claim on the
insurance issue and check to see if he is really lisenced or your rates
may be affected. If the police are right the fact that you filed will
keep you from being persued by them.

Or talk to your city DA its free . You dont need to pay for legal
advise, it is there, The DAs office will be interested in uninsured
unlisenced contractors as that is a crime. The DA will probably direct
you best, so you can beat him to the correct course of action and your
protection.

Oh sammy, you just got the **** smacked out of you..... do you really
want to dance again?

Anyway, I could have sworn you were done talking to me, what happened?

"Matt" wrote

Anyway, I could have sworn you were done talking to me, what happened?

I'm trying to save people from your lack of knowledge.

Oh, how nice. Im sure everyone appreciates it.

But really, you must try harder.

Artist wrote:
I was wondering if I may get some legal advice on a home improvement
project that went very bad. I live in the State of New Jersey.

IANAL, and this is not a legal advice forum. You need a lawyer. Now.

I relies this but I was wondering what other home owners may have done or
any home improvement contractors experience on a matter like this.
Just advise.

"Travis Jordan" wrote in message
...
Artist wrote:
I was wondering if I may get some legal advice on a home improvement
project that went very bad. I live in the State of New Jersey.

IANAL, and this is not a legal advice forum. You need a lawyer. Now.

Artist wrote:
I relies this but I was wondering what other home owners may have
done or any home improvement contractors experience on a matter like
this.

OK, but remember, this is NOT legal advice and you should consult a
lawyer immediately.

Was a permit required for this job? Did the contractor get one? If
not, call your local city / county inspection agency and ask them to
cite the contractor for working without a permit. They will get his
insurance information (if he has any).

Thank you for your advise. I was told I didn't need a permit by the two
contractors I had come out to give the estimate. I will call the building
department.
I'm asking for advise in general. I have posed my problem to the legal forum
as well.
Thanks for the advise,
Artist

"Travis Jordan" wrote in message
...
Artist wrote:
I relies this but I was wondering what other home owners may have
done or any home improvement contractors experience on a matter like
this.

OK, but remember, this is NOT legal advice and you should consult a
lawyer immediately.

Was a permit required for this job? Did the contractor get one? If
not, call your local city / county inspection agency and ask them to
cite the contractor for working without a permit. They will get his
insurance information (if he has any).

Is he supposed to be licensed? Call the licensing agency and get his
insurance info from them. He may also have a bond posted with them.


"Artist" wrote in message
news
Thank you for your advise. I was told I didn't need a permit by the two
contractors I had come out to give the estimate. I will call the building
department.
I'm asking for advise in general. I have posed my problem to the legal
forum
as well.
Thanks for the advise,
Artist

"Travis Jordan" wrote in message
...
Artist wrote:
I relies this but I was wondering what other home owners may have
done or any home improvement contractors experience on a matter like
this.

OK, but remember, this is NOT legal advice and you should consult a
lawyer immediately.

Was a permit required for this job? Did the contractor get one? If
not, call your local city / county inspection agency and ask them to
cite the contractor for working without a permit. They will get his
insurance information (if he has any).

You probably need to pay him, then turn around and take him to small claims
court.

I believe this maybe the case. I have an understanding I must go to a NJ
lawyer.

"John Harlow" wrote in message
...
You probably need to pay him, then turn around and take him to small
claims
court.

How much out-of-pocket are you looking at? I'd think paying him then going
after him via small claims court for your cleanup expenses would be your best
"legal" route. May be a case of getting blood from a turnip, 'tho.

Andy,
It is $600.00, The estimated property damage to date is $4,000.

It is over $1,000. so I understand this is not a small claims matter.
I will have to pay him and have no problem doing so. I just want to get his
insurance to cover my damage to my home.

Because he created such a seen at my doorstep (drama) I do believe he don't
have business insurance.
Thank you for your advise. Well taken.
Artist

"Andy Hill" wrote in message
...
How much out-of-pocket are you looking at? I'd think paying him then
going
after him via small claims court for your cleanup expenses would be your
best
"legal" route. May be a case of getting blood from a turnip, 'tho.

Get an attorney.

"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind of
short.....1. the contractor forgot to turn off my heater while working and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal off
the area he was working in so the immediate living space was soiled due to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was cleaned
up.

Consequently to correct this matter, I had set up an appointment with the
chimney contractor to come and view the damages two days. He stated on the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior
of
my home and property...a four day clean up with five person team. I live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to his
company. I stated it is in the hands of the insurance companies. He still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. The
officer state I must pay the contractor in 10 day after I receive his
certified letter requesting payment or I will have to go to court for a
criminal offense. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of work
rendered? And I refuse to pay till the matter is settled? Don't I have the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise this
forum may have to offer.

Sincerely,
Artist





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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.

Artist wrote:
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project that went very bad. I live in the State of New Jersey.


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.

--
Joseph Meehan

26 + 6 = 1 It's Irish Math

Joseph Meehan wrote:
In most areas he can ask for a lien placed on your
property. That's why you really need to contact the attorney.

Very, very sound advice.

Well taken. The work was done on the 8th of February, it has been only ten
days. So, I don't think he has grounds for a $600.00 fee, to place a lien on
my property. I will pay him if the attorney believes it the way to go. I
plan to contact the license board on Tuesday. My local authorities have been
notified as far as the permit for the work. They will be contacting me
Tuesday to answer my questions.


All excellent advice.

"Travis Jordan" wrote in message
...
Joseph Meehan wrote:
In most areas he can ask for a lien placed on your
property. That's why you really need to contact the attorney.

Very, very sound advice.

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.




"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind of
short.....1. the contractor forgot to turn off my heater while working and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal off
the area he was working in so the immediate living space was soiled due to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was cleaned
up.

Consequently to correct this matter, I had set up an appointment with the
chimney contractor to come and view the damages two days. He stated on the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior
of
my home and property...a four day clean up with five person team. I live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to his
company. I stated it is in the hands of the insurance companies. He still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. The
officer state I must pay the contractor in 10 day after I receive his
certified letter requesting payment or I will have to go to court for a
criminal offense. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of work
rendered? And I refuse to pay till the matter is settled? Don't I have the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise this
forum may have to offer.

Sincerely,
Artist

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.

"Art" wrote in message
k.net...
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.




"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind
of
short.....1. the contractor forgot to turn off my heater while working
and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal
off
the area he was working in so the immediate living space was soiled due
to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was
cleaned
up.

Consequently to correct this matter, I had set up an appointment with
the
chimney contractor to come and view the damages two days. He stated on
the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was
not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior
of
my home and property...a four day clean up with five person team. I live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly
and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a
car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay
and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost
complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to
his
company. I stated it is in the hands of the insurance companies. He
still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. The
officer state I must pay the contractor in 10 day after I receive his
certified letter requesting payment or I will have to go to court for a
criminal offense. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of
work
rendered? And I refuse to pay till the matter is settled? Don't I have
the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise
this
forum may have to offer.

Sincerely,
Artist

--
reply to:
"Artist" wrote in message
...
Yes I did four days after trying to get him to view that damages or send
out
his insurance agent.

There's where I see that you have a problem. The legal reasons for stopping
payment on a check are extremely limited. It's best to pay by credit card,
you get more protection that way. Also, if a business does not accept
credit cards, that's a huge red flag.

Checks are a nightmare. Don't forget too, that your stop payment order is
only good for a certain amount of time, after which the check can be
re-presented.

You really do need to consult with an attorney on this one. Your friendly
contractor no doubt knows more about the law than you do.

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.


"Artist" wrote in message
...
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.

"Art" wrote in message
k.net...
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.




"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because
my
chimney was to big to draw the air properly. To make a long story kind
of
short.....1. the contractor forgot to turn off my heater while working
and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal
off
the area he was working in so the immediate living space was soiled due
to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was
cleaned
up.

Consequently to correct this matter, I had set up an appointment with
the
chimney contractor to come and view the damages two days. He stated on
the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was
not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and
never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole
interior
of
my home and property...a four day clean up with five person team. I
live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly
and
the gas company has since removed the red-tagged and I can use the
water
heater.) He claims he couldn't make the appointment due to he was in a
car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay
and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost
complete
that his insurance company would not pay for the damages. I informed
him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to
his
company. I stated it is in the hands of the insurance companies. He
still
refused to supply me with this information and I said I will not pay
him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the
police
took my statement.

When the police arrived at my home they stated; it's against the law
not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only.
The
officer state I must pay the contractor in 10 day after I receive his
certified letter requesting payment or I will have to go to court for a
criminal offense. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of
work
rendered? And I refuse to pay till the matter is settled? Don't I have
the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise
this
forum may have to offer.

Sincerely,
Artist

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
home.

"m Ransley" wrote in message
...
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

ignore all advice here unless it is to call a lawyer.

randy

"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind of
short.....1. the contractor forgot to turn off my heater while working and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal off
the area he was working in so the immediate living space was soiled due to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was cleaned
up.

Consequently to correct this matter, I had set up an appointment with the
chimney contractor to come and view the damages two days. He stated on the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior
of
my home and property...a four day clean up with five person team. I live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to his
company. I stated it is in the hands of the insurance companies. He still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. The
officer state I must pay the contractor in 10 day after I receive his
certified letter requesting payment or I will have to go to court for a
criminal offense. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of work
rendered? And I refuse to pay till the matter is settled? Don't I have the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise this
forum may have to offer.

Sincerely,
Artist

xrongor wrote:

ignore all advice here unless it is to call a lawyer.

randy

This isn't advice, but FWIW, this page seems to say that your contractor
doesen't have to be licensed in New Jersey intil December 31, 2005.

Jeff


--
Jeffry Wisnia

(W1BSV + Brass Rat '57 EE)

"As long as there are final exams, there will be prayer in public
schools"