Home improvement projects—also known as home repairs, renovations, or remodeling—range from small painting projects to complete reconstruction of rooms or of an entire home.
Home improvement projects can present a number of potential legal issues, including financing and loans (home equity line of credit or HELOC, for example); the construction contract for the work (materials and labor); surveys and lot lines; mechanic’s liens; waivers or releases of mechanic’s liens; insurance against damage or loss (builder’s risk) to the home or materials; and worker’s compensation insurance to insure against personal injuries sustained by a contractor or subcontractor.
In New Jersey, home improvement projects are regulated to protect homeowners and ensure that contractors conduct business fairly and legally. When financing such projects, homeowners often use a home equity line of credit (HELOC), which is a loan where the borrower uses the equity of their home as collateral. The New Jersey Consumer Fraud Act requires home improvement contractors to be registered with the Division of Consumer Affairs and to have a written contract for projects costing more than $500. This contract must include details such as the agreed-upon price, the start and end dates, and the description of the work to be done. Before starting any project that may affect property lines, a survey should be conducted to avoid disputes. New Jersey law also provides for mechanic’s liens, which are security interests that contractors or subcontractors can claim against a property if they are not paid for their work. To release a mechanic's lien, a waiver or release must be obtained once the contractor is paid. Homeowners should also ensure that they have builder’s risk insurance to cover damage or loss during the project, and verify that contractors have worker’s compensation insurance to cover personal injuries that workers might sustain on the job. Failure to adhere to these regulations can result in legal disputes and financial liabilities for both the homeowner and the contractor.