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NEWARK
- The Attorney General’s Office and
Division of Consumer Affairs have filed
two lawsuits against home improvement contractors
who solicited and/or performed work while
being unregistered and failed to perform
contracted work after accepting payments
from consumers, among other alleged violations.
“Contractors
cannot operate outside the law,” Attorney
General Rabner said. “Home improvement
contractors either will register and meet
the provisions of the law or, as in this
case, they will find themselves in court.”
The
state is seeking restitution in both lawsuits
for consumers who have filed formal complaints
with Consumer Affairs.
“A
person’s home often is their most
valuable asset,” said Acting Consumer
Affairs Director Stephen B. Nolan. “Consumers
should be able to trust that a home improvement
contractor will work in a timely and professional
way. The Division is committed to pursuing
contractors who do not obey the law.”
The
defendants named in a lawsuit filed in State
Superior Court in Burlington County are:
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Sorrentino Construction, L.L.C., doing
business as Sorrentino Roofing;
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Jersey Exteriors, L.L.C;
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J&E Construction, L.L.C.;
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John Sorrentino; and
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Erin Karschner.
All three companies are based on Phlox Street
in Browns Mills.
The state’s seven-count complaint
alleges that the defendants violated the
state’s Consumer Fraud Act, the Contractors’
Registration Act, the Contractor Registration
Regulations and/or the Home Improvement
Regulations including, but not limited to,
the following:
- Failing
to register as a home improvement contractor
and then advertising or soliciting consumers
for home improvement work;
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Performing home improvement work without
being registered by Consumer Affairs as
a home improvement contractor;
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Accepting payment for home improvement
work that defendants never completed;
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Providing guarantees of workmanship and
repair in home improvement contracts and
then failing to honor the guarantees;
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Failing to use the required cancellation
language in the home improvement contract;
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Misrepresenting the quality of the materials
actually used in the performance of the
home improvements; and
- Failing
to begin and/or complete work on the date
or within the time period specified in
the home improvement contract.
Deputy
Attorney General Jody A. Carbone is representing
the state in this lawsuit. The Burlington
County Office of Consumer Affairs referred
consumer complaints that it received to
the Division and also assisted in the investigation.
The second lawsuit, filed in State Superior
Court in Monmouth County, names Hazlet Window
& Door Inc. of Keansburg and its president,
John Sullivan, as defendants.
The state’s six-count complaint alleges
that the defendants violated the Consumer
Fraud Act, the Contractors’ Registration
Act, the Contractor Registration Regulations
and the Home Improvement Regulations by
the following actions:
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Failing to register as a home improvement
contractor and then advertising or soliciting
consumers for home improvement work;
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Performing home improvement work without
being registered by Consumer Affairs as
a home improvement contractor;
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Accepting payment for home improvement
work that defendants never commenced or
completed;
- Promising
to provide consumers with refunds and
then failing to do so;
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Failing to include in home improvement
contracts the date or time periods within
which work is to commence and/or be completed;
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Failing to use the required cancellation
language in the home improvement contract;
and
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Failing to provide consumers with timely
written notice of a delay in the commencement
or completion of the contracted for home
improvement work.
Deputy
Attorney General Brian M. Brennan is presenting
the state in the Hazlet Window & Door
matter.
In both lawsuits, the state is seeking restitution
for affected consumers, maximum civil penalties,
reimbursement of its costs and fees and
compliance with the Consumer Fraud Act,
the Contractors’ Registration Act
and related regulations.
Approximately 40 consumer complaints have
been received against Sorrentino Construction
and 36 consumer complaints have been received
against Hazlet Window & Door, though
some have been resolved or withdrawn.
Consumers can file complaints by contacting
Consumer Affairs at 1-800-242-5846
(within New Jersey) or at 973-504-6200.
Complaint forms also are available on the
Division’s web site, www.NJConsumerAffairs.gov
More than 35,000 home improvement contractors
have registered with Consumer Affairs to
date. The Contractors’ Registration
Act took effect on December 31, 2005.
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