A contractor is claiming in a lawsuit that a Bayonne property owner owes him $8,000 after demolishing his fire-damaged home in April.
By John Heinis/Hudson County View
The suit, filed in Hudson County Superior Court on September 1st, says that a five-alarm fire broke out at the defendant’s property, as well as two neighboring properties, on April 15th.
“The City of Bayonne inspected Defendant’s Property, and determined that the remaining structure needed to be immediately demolished because it was structurally unsafe and posed a serious hazard,” the court filing contends.
“Plaintiff agreed to assist with the demolition, and conducted the following work on Defendant’s Property: (a) disconnected all water and sewer lines; (b) backfilled the excavation pursuant to all local ordinances; (c) supplied and placed the asphalt into all openings; (d) obtained all necessary “No Parking” signs; (e) hired police personnel for traffic control; (f) secured the damaged fence; and (g) obtained all the required permits.”
Through attorneys Michele Ross and Carl Zapffe, Control Services, owned by Deputy Office of Emergency Management Coordinator Joe Bolowski, asserts that they were owed $16,200 for the emergency work and have only been paid $8,200 to date.
The four-count lawsuit alleges breach of contract, unjust enrichment, quantum meirut, and violation of the doctrine of account stated.
“The equitable doctrine of quantum meruit allows the performing party to recoup the reasonable value of services rendered,” the suit says.
“The elements are (1) the performance of services in good faith; (2) the acceptance of the services by the person to whom they are rendered; (3) an expectation of compensation therefor; and (4) the reasonable value of the services. As set forth above, Defendant requested that Plaintiff assist with the demolition of Defendant’s Property.”
As a result, Control Services is seeking the $8,000 they claim they’re owed, as well as attorney’s fees and any other relief the court deems just and equitable.
Neither party responded to a request for comment.