| NEWARK
– The Office of the Attorney General
and the Division of Consumer Affairs have
filed suit against a Monmouth County home
improvement contractor for allegedly operating
without being registered and for also not
starting or only partially completing projects
after being paid by homeowners.
The
Shademaster, which also does business as
Renovation Experts, and its owner, Carmine
Annunziata, are named as defendants in the
state’s lawsuit. The company maintains
its principal place of business in Keansburg
and also has had business addresses in Collingswood,
Englishtown and Jupiter, Florida.
The
state’s six-count complaint, filed
in Superior Court in Monmouth County, alleges
that the defendants violated the state’s
Consumer Fraud Act by committing unconscionable
commercial practices and making false promises,
misrepresentations and knowing omissions
of material facts. The defendants also are
alleged to have violated the Contractors’
Registration Act and related regulations.
“Homeowners paid substantial sums
of money for designing and installing sunrooms,
awnings and decks and for major remodeling
projects that either were never started
or only partially completed,” Attorney
General Stuart Rabner said. “Instead
of enjoying these home improvements, consumers
were left with empty promises. We are seeking
restitution for these homeowners and maximum
civil penalties against the defendants.”
The
state alleges that the defendants:
- Performed
home improvement work without being registered
with Consumer Affairs;
-
Attempted to obtain a construction permit
from a municipality by misrepresenting
that an application for registration had
been submitted to Consumer Affairs prior
to December 31, 2005;
-
Started home improvement work without
obtaining the required permits;
-
Misrepresented to homeowners that the
required permits were obtained;
-
Accepted payment for work never started;
-
Accepted payment for work never completed;
-
Failed to provide consumers with refunds
for work that was either not started or
completed;
-
Failed to provide consumers with executed
home improvement contracts; and
-
Failed to provide consumers with home
improvement contracts that contained required
information such as start dates, completion
dates and total contract price, as well
as language concerning a homeowner’s
right to cancel the contract.
An
initial violation of the Consumer Fraud
Act as well as the Contractors’ Registration
Act carries a penalty of up to $10,000 and
up to $20,000 for each subsequent violation.
Consumer
Affairs has received approximately 16 complaints
from consumers about The Shademaster and/or
Annunziata. Deputy Attorney General Jeffrey
Koziar is representing the state in this
matter.
“Our
database of registered home improvement
contractors is a resource that we encourage
consumers to check before signing a contract,”
Acting Consumer Affairs Director Stephen
B. Nolan said. “Unregistered home
improvement contractors cannot legally perform
work. More than 33,000 home improvements
contractors have registered to date and
Consumer Affairs is continuing its efforts
against those who attempt to operate outside
the law.”
In
a separate matter involving alleged violations
by a home improvement contractor, an order
of preliminary injunction was granted on
Friday, January 12, against AZ Renovations,
L.L.C. of Freehold and Lakewood and its
owner, Paul A. Miller.
The
preliminary injunction restrains and enjoins
AZ Renovations and Miller from performing,
engaging or attempting to engage in the
business of making or selling home improvements
unless and until they register with Consumer
Affairs as a home improvement contractor,
as required by the Contractors’ Registration
Act and related regulations.
The
state alleges that AZ Renovations and Miller
continued to perform home improvements although
not registered to do so, and advertised
on a web site and otherwise, a fabricated
registration number and used such number
in attempting to obtain a municipal permit.
The
response of AZ Renovations and Miller to
the state’s complaint is due January
23, 2007. Deputy Attorney General Jody Carbone
is representing the state in this action.
Homeowners
can check whether a home improvement contractor
is registered by going to the Consumer Affairs’
Web site, www.NJConsumerAffairs.com,
clicking on “licensee search”
and then selecting “home improvement
contractors.”
Consumers
may contact Consumer Affairs to file complaints
by calling 1-800-242-5846
(within New Jersey) or 973-504-6200.
Complaint forms also are available on the
Consumer Affairs’ Web site.
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