Frank Luciano Blog

Does New Jersey's Consumer Fraud Act Apply to Construction Contacts Where the Work is Merely Shoddy?

New Jersey’s Supreme Court has concluded that the Consumer Fraud Act ( CFA) does not apply where a contractor provides shoddy work under a construction contract because that type of conduct is not necessarily "unconscionable" or "unfair" as those terms are defined under the CFA. At best, poor workmanship will produce a breach of contract claim.

In order for the CFA to apply to a claim relating to sloppy workmanship there must be some aggravating circumstances that are substantial in nature. Thus, if the contractor has failed to comply with local building code responsibilities or home repair regulations, the CFA will be applicable. A remedy under the CFA would also apply, if the contractor intentionally used inferior building products.

Frank T. Luciano, Esq., is a trial lawyer in Bergen County,  Passaic County, Hudson County and Morris County, with over thirty years of experieince, who specializes in complex civil litigation, including  legal malpractice, construction claims, wrongful death actions, wills and estate contests and liquor law liability cases. 

Labels: bergen county Consumer Fraud Act Contractor new jersey Shady Work Sloppy Work