Bill > S1472

Introduced Session

This bill would allow civil actions for certain home improvement contracts to be brought in the Special Civil Part of the Superior Court in the county where the property is located. The bill would apply to actions involving home improvement contracts for residential or non-commercial property. Currently, pursuant to Court Rule, venue for actions brought in the Special Civil Part is laid "in the county in which at least one defendant in the action resides." The Court Rule, R.6:1-3, also provides that venue may be laid "as otherwise provided by statute." Actions are brought in the Special Civil Part if the amount in dispute does not exceed $15,000. In the view of the sponsor, home improvement contractors in beach communities have encountered difficulties in pursuing Special Civil Part lawsuits against certain homeowners who have defaulted on payment for services rendered, because these homeowners do not live in the county where their vacation homes are located. This bill would address the issue by allowing the contractor, or the homeowner, to commence an action in the county where the home is located. Under R.4:3-2 of the Court Rules, actions are brought in the Law Division of the Superior Court if the amount in dispute is greater than $15,000. The Court Rule provides that these suits, unlike suits in Special Civil Part, may be brought in the county where the property is situated or where any party to the action resides. This bill would provide similar flexibility for plaintiffs in Special Civil Part.

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Christopher Connors (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/01/2018)