Can a contractor claim an unpaid balance for work done 4 years ago?

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Can a contractor claim an unpaid balance for work done 4 years ago?

I had contractor replace windows. Chased him at that time for a small punch list and to pay the final balance of $6,700 but he never came back, nor asked for the balance. Can he do so now? I have a warranty issue with a large window, but I am concerned that they will take a fresh look at the account if I call and claim the amount due.

Asked on February 10, 2012 under Bankruptcy Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In New Jersey, the statute of limitions, or time to file a lawsuit (which therefore also defines how long someone has to legally enforce a debt) is 6 years for written contracts, oral contracts, or open accounts. Your debt to the contractor would be based on one of these (for example, on a written agrement or a proposal which you accepted). Therefore, the contractor has up to 6 years to seek payment of any as-yet unpaid amounts.


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