September 09, 2010
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Penalties for using an illegal construction contract in New Jersey:
  • New Jersey Administrative Code § 13:45A-16.1 to 16.2 (Home Improvement Practices) and New Jersey Administrative Code § 13:45A-17.1 to 17.14 (Home Improvement Contractor Registration) require that all home improvement contracts for more than $500 and all changes to the terms of those contracts be in writing and include extensive disclosures. Failure to comply with the code is a violation of New Jersey's Consumer Fraud Act. Penalties for violation can include a refund of all money collected (New Jersey Statutes § 56:8-2.11) or treble damages plus legal fees (New Jersey Statutes § 56:8-19).
  • Failure to disclaim warranties under New Jersey Statutes § 12A:2-316 results in an implied warranty of both merchantability and fitness for purpose.
  • Omission of the notice required by New Jersey Statutes Annotated § 17:16C-63 (home repair financing) can result in a $500 fine (§ 17:16C-64.3) and may bar recovery of finance charges (§ 17:16C-64.4).
  • Omission of the notice required by New Jersey Statutes Annotated § 17:16C-100 (home repair) risks a fine up to $500 (§ 17:16C-102), makes the contractor liable for the owner's attorney fees (§ 17:16C-101) and other penalties (§ 17:16C-103).
  • Failure to make federal truth-in-lending disclosures requires restitution of the overcharge.
  • Failure to include the disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
  • Omitting insulation disclosures required by 16 Code of Federal Regulations § 460 can result in an $11,000 fine.
The contracts linked below will help New Jersey contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current New Jersey and federal court decisions.

New Jersey Construction Contracts Available Now
Title Bias Contract Type Page Length
NJ Commercial Construction I Light bias in favor of the contractor. Prime 36
NJ Commercial Construction II Light bias in favor of the owner. Prime 16
NJ Commercial Repair Neutral. Prime 20
NJ Commercial Subcontract I Light bias in favor of the subcontractor. Subcontract 32
NJ Commercial Subcontract II Light bias in favor of the contractor. Subcontract 16
NJ Custom Home I Light bias in favor of the contractor. Prime 19
NJ Custom Home II Light bias in favor of the owner. Prime 26
NJ Home Improvement I Moderate bias in favor of the contractor. Prime 26
NJ Home Improvement II Moderately favors the owner. Prime 29
NJ Home Repair I Heavy bias in favor of the contractor. Prime 12
NJ Home Repair II Heavy bias in favor of the owner. Prime 19
NJ Pool Neutral. Prime 22
NJ Public Works Subcontract Moderate bias in favor of the contractor. Subcontract 37
NJ Residential Subcontract I Light bias in favor of the subcontractor. Subcontract 16
NJ Residential Subcontract II Light bias in favor of the contractor. Subcontract 21
NJ Tenant Improvement Neutral. Prime 16
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