Wednesday, October 23, 2013
Gaynor has filed suit in state Superior Court in Somerville against a Piscataway contractor who replaced a second-floor concrete deck at her home that she says later caused leaks into the house and has to be replaced at a cost of $120,000.
According to the lawsuit filed earlier this month, Gaynor contracted with Diaz Landscape Design and Tree Service of Piscataway in November 2007 to remove an existing second-floor concrete deck and replace it with a new deck at a cost of $38,060.
After the new deck was installed, the lawsuit alleges, water began to leak into Gaynor’s home because of “faulty construction.”
There was also water ponding on the deck, water damage to wood sills and supports and the formation of mold, according to the suit.
Gaynor told the contractor about the problems and asked that the conditions be corrected. The contractor attempted to fix the problems, but the attempts failed and the problems persisted, causing more damage to the property, according to the lawsuit.
Gaynor then had another contractor examine the work performed by Diaz.
The new contractor determined that the work done by Diaz was “so faulty and defective” that the only appropriate remedy is removing the deck and constructing a new one at a cost of $120,000, the suit says.
Besides breach of contract and breach of warranty, Gaynor’s suit also charges Diaz with consumer fraud by not being registered in New Jersey as a home improvement contract and failing to obtain the required building permits, resulting in the work not being inspected.
Is Gaynor entitled to the cost of replacement of the deck? Time for a music break:
[Meredith R. Miller]