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Asked in NJ May 26, 2022 ,  0 answers Visitors: 5

Settlement Consumer Fraud

Filed suit against builder and architect due to construction defects and code violations, city is suing all parties. Five years later they have approached settlement before trial (fraud is proven) what numbers would plaintiff use to begin the negotiations? any damages? would plaintiff be better off going to trial? Thanks.

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3 Answers

Anonymous
Reply

Posted on / Sep. 25, 2007 13:20:00

Re: Settlement Consumer Fraud

This is a very fact specific question. I have to assume you have an attorney - what do they say? Generally, you want to determine your actual damages - what did you expect to get, and what did you expect to pay vs. what did you end up paying, and did you actually get what you expected + loss of use, + any other coats + possibly (depending upon how your complaint was filed) some 'personal injuries' or the value of the frustration and grief you had to put up with + any other costs/damages associated with resolving this matter. This is often hard to put together, and IF you have a Consumer Fraud Act count, you can get treble damages (3 x actual damages) + attorneys fees. So as you can see, this is not something any attorney on this list can answer w/o all the information. Now... your attorney should have told you all this, so what's going on? If you need help, I'm a construction engineer/attorney, who concentrates in construction litigation representing contractors and owners.

Anonymous
Reply

Posted on / Sep. 25, 2007 13:20:00

Re: Settlement Consumer Fraud

This is a very fact specific question. I have to assume you have an attorney - what do they say? Generally, you want to determine your actual damages - what did you expect to get, and what did you expect to pay vs. what did you end up paying, and did you actually get what you expected + loss of use, + any other coats + possibly (depending upon how your complaint was filed) some 'personal injuries' or the value of the frustration and grief you had to put up with + any other costs/damages associated with resolving this matter. This is often hard to put together, and IF you have a Consumer Fraud Act count, you can get treble damages (3 x actual damages) + attorneys fees. So as you can see, this is not something any attorney on this list can answer w/o all the information. Now... your attorney should have told you all this, so what's going on? If you need help, I'm a construction engineer/attorney, who concentrates in construction litigation representing contractors and owners.

Anonymous
Reply

Posted on / Sep. 25, 2007 13:20:00

Re: Settlement Consumer Fraud

This is a very fact specific question. I have to assume you have an attorney - what do they say? Generally, you want to determine your actual damages - what did you expect to get, and what did you expect to pay vs. what did you end up paying, and did you actually get what you expected + loss of use, + any other coats + possibly (depending upon how your complaint was filed) some 'personal injuries' or the value of the frustration and grief you had to put up with + any other costs/damages associated with resolving this matter. This is often hard to put together, and IF you have a Consumer Fraud Act count, you can get treble damages (3 x actual damages) + attorneys fees. So as you can see, this is not something any attorney on this list can answer w/o all the information. Now... your attorney should have told you all this, so what's going on? If you need help, I'm a construction engineer/attorney, who concentrates in construction litigation representing contractors and owners.

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