State Files Suit Against Monmouth County
Home Improvement Contractor
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, http://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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