New Jersey Senate Bill S806

New Jersey 2022-2023 Regular Session

• Introduced: 1/18/22
• Refer: 1/18/22

Caption

Provides that civil actions concerning home improvement contracts for residential or non-commercial property may be brought in the county where the property is located.

Impact

The enactment of S806 is expected to streamline and facilitate the process for both contractors and homeowners when disputes arise from home improvement contracts. By permitting actions to be brought in the county where the property is located, it resolves challenges faced by contractors pursuing legal claims against homeowners who might default on payment but are residents of a different county. This legislative change could lead to a more equitable environment for contractors operating across various regions, ultimately promoting fairer business practices.

Summary

Senate Bill S806 seeks to amend current legal provisions governing civil actions related to home improvement contracts. Specifically, the bill allows for actions concerning home improvement contracts for residential or non-commercial property to be commenced in the Superior Court of the county where the property is situated. Historically, such cases generally require that the venue be established in the county where at least one defendant resides, creating complications for contractors, especially in vacation communities where homeowners might not reside locally.

Contention

While the bill is positioned as a means to alleviate ongoing issues for contractors, there may be concerns around jurisdictional fairness and the rights of homeowners. Critics may argue that allowing cases to be brought where a property is located, rather than where defendants reside, could disproportionately favor contractors and complicate the legal rights of homeowners. This change in legal venue could lead to an influx of cases in certain counties, potentially overwhelming local courts and creating disparities in legal resources available to homeowners.