My question involves real estate located in the State of: NJ Long story short retained builder to demolish and construct my primary residence. The foundation wall collapsed on 3rd day, blames on me for I told him to backfill as soon as possible, the wall was not build as per plan, missing rebars and blocks were not filled as per architect's plan, after 2 1/5 yrs of battle in court we settle day before trial he will reimburse me extra $135K I overpaid him. Now he refuses to provide 'lien waiver" states not in settlement and will not start re-construction till I provide him written consent not to hold him liable for any damages to my neighbor's driveway and that both the neighbor's should not use the driveway for about 6 weeks after the current footing and foundation wall is removed. This demand is not in the contract either but will not start the construction.
Builder has issues with about 10 home owners, none of the job are completed, some home owners sued him some not. He always increases price of the job after few months and if the home owners does nor pay extra he stops the project.
Would like to know would court consider my settlement was to cover his previous fraud (about 10 frauds as per consumer act of NJ )?