The CFA allows a consumer to bring a civil action against a contractor for a violation of the CFA statute. In New Jersey the CFA statute is written so broadly that even a minor technicality such as not having a completion date on a contract can lead to a violation. Once a plaintiff proves a violation, no matter how small, they are entitled to treble damages and counsel fees. The Courts apply the statute broadly as well. Many consumers use it as an attempt to try to get out of payment for a construction bill. These cases are driven by plaintiffs lawyers who, because the statute is written so broadly, are seeking a guaranteed payment on their legal fees.
During the seminar we will define and discuss the statute and how to ensure contracts and employee actions during a construction project (and upon its completion) are structured in such a way to help protect the contractor and avoid exposure to the CFA.
Speaker: Jack T. Spinella, Esq.
Jack T. Spinella is the Founding Partner of the firm. He advises a variety of businesses, individuals, and non-profit organizations on a wide range of legal and business issues. He has deep federal and state court experience, specializing in complex commercial and corporate litigation, construction litigation, shareholder and partnership disputes, and general business transactions, advisory, and regulatory matters. Jack concentrates his practice in corporate counseling and governance, as well as in complex and multi-party litigation with an emphasis in mortgage banking, commercial lending, secured transactions, foreclosures, business torts, trade secrets, corporate/business disputes, commercial real estate matters, construction, liens, and commercial/consumer debt collection. He also handles insurance defense of medical providers’ actions for reimbursement relating to workers’ compensation claims.
In addition to litigation, Jack routinely advises clients on issues involving business formation, governance, restructuring and di