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Written contracts for commercial work

Warren, NJ |
Filed under: Construction law

Does the law require commercial contractors to supply written contracts for work done on a commercial building project?

Attorney Answers 3


Not absolutely necessary, but highly recommended.

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you really want a well drafted contract. While not required it helps to avoid issues after the start of work and beyond. The parties know exactly what they agreed to and avoids disputes.

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The consumer fraud act, and the door to door home repair sales act, both require a written contract for improvements made to residential buildings. However, there is not law that requires a written contract for commercial buildings - though performing work without a contract would certainly be unwise and a recipe for a lawsuit. The lack of a written contract may preclude the contractor from asserting a construction lien.

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