Fighting Against New Jersey Home Improvement Fraud
Contractors can be held financially liable for deceptive sales practices, failure to perform work as agreed, substandard (poor quality) or defective work, and fraud. In many cases involving home-related consumer fraud, contractors will perform shoddy work, never begin work at all or start work awaiting a down payment and then fail to complete it after payment is received.
At the law firm of Tomes & Hanratty, P.C., our attorneys work with architects, engineers, construction experts, and other professionals in evaluating the actions and failures of contractors. We identify departures from blueprints, code violations, use of substandard materials, and deceptive practices that involve projected costs, purchased materials, insurance compliance issues and contractor licenses.
Failure to adhere to the terms of a home improvement contract may constitute fraud in itself if a contractor knowingly and intentionally misrepresented facts about him or herself, the company, or the work to be done. To schedule an appointment to discuss your case, contact the home improvement fraud lawyers at the law office Tomes & Hanratty, P.C. today.
Contractor/Consumer Fraud and Construction Defects
Tomes & Hanratty, P.C. represents homeowners in cases involving defective construction or fraudulent representations of labor or materials used in:
- Kitchen remodeling
- Roof repair
- Sidewalk or stairs replacement
- Electrical work
- Plumbing work
- Bathroom remodeling
- Installation of air conditioning or heating systems
- Work on or installation of a home heating system
- Finishing an attic
- Adding on to the home
How can I tell if a Contractor can be Trusted?
Trustworthy contractors are as interested in protecting themselves as they are in protecting you the homeowner. In general, they should be licensed and insured and have a good rating with the Better Business Bureau. You could also check with the New Jersey Attorney General's office to see if there are any complaints against or litigation involving a particular contractor. You should be suspicious if the contractor:
- Tells you there is no need for a written contract
- provides quotes that are vastly different than other contractors offering the same services
- Is not registered with the New Jersey Division of Consumer Affairs
- Asks for more than a third of total costs before work can begin
- Demands to be paid in cash
- Claims you don't need a waiver of lien
- Offers an unusually long guarantee or warranty
- Does not use an office or land line to conduct business but a cell phone with voice mail that does not identify him or his company
- Pressures you to make an immediate decision
- Approaches homeowners door-to-door instead of waiting for solicitations
You Are Protected Under New Jersey Law
Every day consumers hire contractors to do work on their homes. Home improvements are generally expensive and represent a significant investment for most people. At the end of the day, though, the homeowner may be stuck with sloppy repairs, unfinished improvements, or simply be out of money due to a contractor's failure to start the project at all (even after you have given them a deposit). New Jersey law does protect consumers against fraud, however, so you do have legal options. Under the New Jersey Consumer Fraud Act, contractors must register as a contractor and provide:
- A written contract for any home improvements projects over $500.00;
- Beginning and ending dates for the contract, along with a description of the work to be done and the total estimated price;
- The full name, address and registration number for the company;
- Information related to the company/contractor's commercial general liability insurance, including the policy number and contact information for the insurance agent.
You can learn more about the information required in home improvement contracts, hiring a reputable contractor and laws governing home improvement contractors by visiting the New Jersey Division of Consumer Affairs' information page
Proactive Steps to Prevent Consumer Fraud by Contractors
Contractors are liable for misrepresentations and omissions, as well as fraud and deception, in consumer transactions. Make sure you read everything you sign, though, and be cautious. A subcontractor may ask you to sign a statement that says you will cover the costs of materials and labor if the contractor does not pay. Before you sign a contract, ask for a lien waiver which is a receipt that states that the workers and material suppliers will not ask you for money once you have paid the contractor.
A consumer, for any reason, may cancel certain signed contracts before midnight of the third business day after he or she receives a copy of the contract. Put the cancellation in writing and either personally deliver it to the contractor, or send it registered or certified mail with a return receipt requested.
Ready to Fight for You
If you or someone else in your family has been scammed by a contractor, you need legal help. Our lawyers are well-prepared and ready to mount a strong case for you, providing you with our best representation possible. Contact us today to schedule a free initial consultation with a consumer fraud attorney at Tomes & Hanratty, P.C.. E-mail us or call us at 732.257.0601 or toll-free at 1.866.NJLAWFIRM.
