Stark & Stark Associate Gene Markin, member of the Construction Litigation Group, authored the article Home Contractors’ Inexperience and Negligence May Give Rise to Consumer Fraud, which was published on August 31, 2015 on NJ.com.
The article discusses how consumer fraud claims and the New Jersey Consumer Fraud Act can further protect a consumer after an inexperienced contractor provides negligible work. The contractor may be liable for negligence and breach of contract, but might additionally liable for consumer fraud, which can “entitle the consumer to recover triple damages and attorney’s fees.”
Further, Mr. Markin details the three elements a plaintiff must demonstrate in order to succeed a consumer fraud claim: “(1) unlawful conduct by the defendants; (2) an ascertainable loss on the part of the plaintiff; and (3) a causal relationship between the defendants’ unlawful conduct and the plaintiff’s ascertainable loss.” Most recently, this is occurring with the case Hudson Harbor Condo. Ass’n v. Oval Tennis, Inc.
The Hudson Harbor Condominium Association had hired Oval Tennis, who claimed to be an experienced tennis court installer, to install an open-celled Premier Court on their existing concrete, only to come to learn that the court installed was closed-cell, and the non-breathable material was unsuitable for a concrete slab. Oval Tennis’ previous misrepresentations about being experience Premier Court installers left them exposed to consumer fraud liability.
You can read the full article by clicking here.
