NEWARK
– Attorney General Jeffrey S. Chiesa
and the State Division of Consumer Affairs
have filed suit against two individuals and
the home improvement companies they own or
owned, alleging they defrauded consumers through
multiple violations of the state Consumer
Fraud Act, Contractors’ Registration
Act, Contractor Registration Regulations,
Home Improvement Regulations, and Advertising
Regulations.
Defendants
John Kot, 41, of Garwood and Gabriel R.
DaSilva Jr., 43, of Paterson, are alleged
to have owned or co-owned several similar-named
home improvement companies based in northern
New Jersey, according to the state’s
11-count Complaint.
Based
on its investigation and nearly 70 consumer
complaints received to date, the state is
alleging in a Complaint filed in State Superior
Court in Bergen County that the defendants
performed home improvement work in a substandard
manner which resulted in dangerous and/or
unsafe conditions for consumers, in some
cases constituting a potential fire and
safety hazard.
The
defendants also are alleged to have advertised,
offered for sale, sold and/or performed
home improvements without being registered
as home improvement contractors with the
New Jersey Division of Consumer Affairs;
refused to make the necessary repairs to
remedy its substandard work, despite promises,
guarantees, warranties and/or representations
that they would return to fix the problems;
refused to return consumer deposits for
work that was never performed; failed to
honor guarantees or warranties provided
in a consumer=s home improvement contract;
commenced work without the necessary state
and/or local permits to perform the contracted-for
home improvements; advertised home improvement
work through names and website statements
that wrongfully implied an affiliation with
a government agency, quasi-police agency
and/or police-affiliated business; misrepresented
their business locations; and for Kot, used
an assumed name as an alias in the course
of conducting business.
The
state has also alleged that defendants perpetuated
their deceptive business practices through
the interchangeable use of multiple business
entities, names, addresses and phone numbers.
These companies include: A-1 American Construction,
Inc.; A 1 American Chimney Limited Liability
Company; Brick City Chimney Service, L.L.C.;
Brick City Chimney Service and Cleaning,
Inc.; and Roofing Police, Inc. a/k/a Roofing
Squad. The state’s Complaint also
alleges that the defendants conducted business
under several similar unregistered business
names, including: Roofing Squad; Chimney
Squad; Brick City; Brick City Chimney &
Roofing Services; A-1 American Masonry;
A-1 American Masonry Services; A-1 American
Chimney Service; A-1 American Contracting;
A-1 American Roofing; A-1 American Gutters;
A-1 American Siding; A-1 Affordable Construction;
A Above American; A Above Brick City; and
Diamond Roofing. The companies used common
addresses in Fair Lawn, Hackensack, Maywood
and Garwood.
“We
allege that these defendants defrauded consumers
of their hard-earned money. We’re
working to obtain restitution for these
consumers and to prohibit Kot, DaSilva and
their companies from engaging in any future
violations of the Consumer Fraud Act and
related laws, so that no one else is harmed,”
Attorney General Chiesa said.
The
state also is seeking assessment of civil
penalties and reimbursement of its investigative
costs and attorneys’ fees.
Home-improvement
related complaints were the largest single
category of consumer complaints filed with
the Division last year.
Since
2006, the Contractors' Registration Act
and Contractor Registration Regulations
require home improvement contractors to
register with the Division of Consumer Affairs
and obtain a registration number. To register,
a home improvement contractor must provide
proof of liability insurance, disclose a
legitimate business address, and provide
other information about the business. Contractors
must display the registration number on
all contracts, advertisements, and commercial
vehicles as a reference for consumers. Specific
consumer-protection language is required
to be in contracts.
“Consumers
should verify that a home improvement contractor
is registered before signing a contract
or paying a deposit and should only hire
contractors registered with the Division
of Consumer Affairs,” said Eric T.
Kanefsky, Acting Director of the State Division
of Consumer Affairs. “Consumers also
should report suspected unregistered contractors
or problems with deficient contractor work
to us, and we will investigate.”
Before
hiring a home improvement contractor, New
Jersey consumers are urged to: