NEWARK
– Attorney General Paula T. Dow and
the Division of Consumer Affairs have filed
suit against a South Jersey paving company
after 47 consumers complained about substandard
work, bait-and-switch pricing and warranties
that were not honored, among other violations.
Williams
Asphalt Materials, LLC, which is also known
as Williams Asphalt Paving, Williams Asphalt
Paving & Excavating, Williams Paving
& Excavating, Williams Paving and/or
Williams Paving Asphalt Contracting, is
alleged to have violated the state’s
Consumer Fraud Act, N.J.S.A. 56:8-1
et seq., the Contractors’
Registration Act, N.J.S.A. 56:8-136
et seq., the Regulations Governing
Contractor Registration, N.J.A.C.
13:45A-17.1 et seq., and the
Regulations Governing Home Improvement Practices,
N.J.A.C. 13:45A-16.1 et seq.
“Customers
typically paid thousands of dollars to have
their driveways paved, and soon experienced
cracking, disintegration or formation of
holes,” Attorney General Dow said.
“We’re seeking restitution for
these consumers, assessment of civil penalties
against the defendant and defendant’s
adherence to our consumer protection laws
and regulations.”
The
state’s six-count Complaint was filed
in State Superior Court in Burlington County.
The defendant maintains business addresses
in Millville, Cumberland County; Browns
Mills, Burlington County; and Freehold,
Monmouth County. Home improvement contractor
registration records show that Henry Williams
of Flanders, New Jersey, is the owner of
Williams Asphalt Materials, LLC.
According
to the complaint, the company generated
business by having employees drive up to
consumers’ homes, unsolicited, and
state that they had just completed a paving
job in the area and, because they had leftover
paving material, could offer the consumer
a discounted price on driveway paving.
When
consumers attempted to contact the defendant
for repair or warranty work, the defendant
failed to respond.
The
state alleges that the defendant violated
the Consumer Fraud Act, the Contractors’
Registration Act, and related regulations.
The allegations include, among others, unconscionable
commercial practices; false promises, misrepresentations
and knowing omissions of material fact;
and bait-and-switch pricing.
Some
of the violations alleged in the state’s
Complaint include:
-
Failing to use or using incomplete cancellation
language in home improvement contracts;
- Failing
to set forth the signatures of both parties
to the home improvement contract;
- Failing
to set forth the legal name, business
address and registration number on home
improvement contracts;
-
Misrepresenting to consumers that products
or materials used in the home improvement
were of a sufficient size, capacity or
character to withstand the weight and
traction of motor vehicles;
-
Beginning work without authorization from
the consumer in order to pressure the
consumer into entering into a binding
home improvement contract;
-
Requesting that the consumer make final
payment on the contract before defendant
completed the home improvement in accordance
with the terms of the contract; and
-
Failing to include in home improvement
contracts the dates or time periods on
or within which work is to be completed.
“The
Division is here as a resource and can tell
consumers if we’ve taken action against
a contractor or if other consumers have
filed complaints,” said Sharon Joyce,
Acting Consumer Affairs Director.
Consumers
can check whether a contractor is registered
through the Division of Consumer Affairs’
web site, www.state.nj.us/cgi-bin/consumeraffairs/search/searchentry.pl?searchprofession=1301
or by calling 1-800-242-5846
(toll-free within New Jersey) or 973-504-6200.
The web site is searchable by contractor
name and, in addition, a ‘search by
town’ feature allows consumers to
locate contractors in their community.
All
home improvement contracts for a purchase
price in excess of $500, among other things,
must be signed by both parties and must
specify the work to be performed and the
materials to be used.
Deputy
Attorney General Sabina P. McKinney of the
Consumer Fraud Prosecution Section is representing
the State in this matter.
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