Bill Text: NJ A1081 | 2010-2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows lawsuits against home improvement contractors to be brought in county in which residential or non-commercial property is located.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2010-03-15 - Received in the Senate, Referred to Senate Commerce Committee [A1081 Detail]

Download: New_Jersey-2010-A1081-Introduced.html

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ASSEMBLY, No. 1081

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Assemblyman  VINCENT PRIETO

District 32 (Bergen and Hudson)

 

 

 

 

SYNOPSIS

     Allows lawsuits against home improvement contractors to be brought in county in which residential or non-commercial property is located.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

An Act concerning home improvement contractors and supplementing P.L.2004, c.16 (C.56:8-136 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Any action instituted pursuant to section 11 of P.L.2004, c.16 (C.56:8-146) may be commenced in the Superior Court of the county in which the residential or non-commercial property is located.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     Under Rule 6:1-3 of the New Jersey Court Rules, venue for actions brought in the Special Civil Part of the Superior Court are generally laid in the county in which at least one defendant in the action resides.  Rule 6:1-3, however, provides that other statutes may provide for venue in other jurisdictions.

     This bill amends the "Contractors' Registration Act" P.L.2004, c.16 (C.56:8-136 et seq.) to provide that any action instituted pursuant to that act may be commenced in the Superior Court of the county in which the residential or non-commercial property is located.

     The act defines a "residential or non-commercial property" as any single or multi-unit structure used in whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of the lot or site on which the structure is situated which is devoted to the residential use of the structure.