MORRIS COUNTY

5 Morris contractors fined for shoddy work, violations

Russ Zimmer and staff reports

NEWARK – Five Morris County contractors were among 130 contractors who were ordered to pay back a combined $2.1 million for shoddy work, missed deadlines or unfinished projects in 2014, according to the New Jersey Division of Consumer Affairs.

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On Monday the division announced that they issued violations to 35 contractors, seeking $567,676 in penalties or restitution for consumers, in the last three months of 2014.

The local businesses fined were identified in the state's report as: John Jameson in Dover; Sean McConnell of Sean McConnell Landscaping in Randolph; Rod's Tree Service and Landscaping LLC in Flanders; Michael Moloney of Emerald Paving and Masonry in Dover and Daniel Meshevsky of Fix All Contracting in Lake Hopatcong.

According to the consumer affairs division, $438,176 of the total will be directed toward cheated consumers, with claims ranging from $1,500 to $68,405; $129,500 will pay penalties for violations of New Jersey's Contractor's Registration Act. Twenty-two of the 35 cited in Monday's report were not registered as home improvement contractors in the state, as required by law.

In October, Michael McNamara of Affordable Masonry in Randolph was cited for operating without being registered with the state as a contractor, failing to provide a certificate of general liability insurance, failing to provide the "Notice to Consumer" document in a contract, failing to provide dates or time periods when work was to begin or be completed, and failing to provide signatures of all parties on a contract. McNamara was ordered to pay $1,300 in consumer restitution and pay a civil penalty of $4,250.

Frequent complaints

Year after year, according to the division, the most frequently filed consumer complaints are the category of "home improvement." In 2013, Consumer Affairs received 1,434 consumer complaints about home improvement contractors.

"The great majority of New Jersey's registered home improvement contractors are proud to provide honest, quality service to their clients," Acting Attorney General John J. Hoffman said. "But the fact that home improvement-related issues remain the number one consumer complaint in New Jersey means that this enforcement action is needed to deter those contractors who violate our consumer protection laws."

Contractors receiving a Notice of Violation have the opportunity to contest the alleged violation, or the opportunity to correct the violation by desisting from any practices in violation of the law, paying a civil penalty or consumer restitution where required, and submitting an application for registration, if not registered. Each contractor also may contest the assessment of consumer restitution.

The December tabulation from the consumer affairs division follows their previous announcements in October, when 26 contractors were cited, and in July, when 68 violations were publicly released.

In 2013, the division filed similar notices of violation to 94 home improvement contractors, seeking to recover $1.2 million. A division spokesman said the difference is likely due to an initiative to shorten the turnaround time for reviewing a complaint and determining if a law was indeed broken.

Consumers who believe they have been cheated or scammed, or suspect they have been the victim of any form of consumer abuse, can file a complaint online with the consumer affairs division or by calling either 800-242-5846 or 973-504-6200.

Tips for hiring a contractor

If you don't want to be one of the thousands of people who report poor worksmanship, blown deadlines or fraud to the New Jersey Division of Consumer Affairs, follow the division's advice:

  • Before you hire a contractor, learn as much about them as you can. Ask for references and ways to contact the contractor's previous customers, so that you can hear firsthand about their work. Ideally, you can connect with a contractor who is recommended by people you know and trust.
  • Contact the consumer affairs division to ensure that the contractor is registered in New Jersey and find out if they are the subject of any complaints or violations. You can call the Division at 800-242-5846 or through NJConsumerAffairs.gov..
  • Ask for a copy of the contractor's liability insurance policy before you hire them, and then call the insurer to learn whether the policy is valid
  • Contracts for home improvement projects costing more than $500 must be in writing. They must include the legal name, business address and registration number of the contractor as well as a start and completion date for the project, a description of the work to be done and a total price.
  • Make sure you get all warranties and guarantees in writing, and that the contract includes the name brands or quality/grades of the materials to be used.
  • Ensure that all applicable construction permits are obtained by the contractor, from the appropriate municipality.
  • The general practice for payment is to put one-third down in advance, one-third halfway through and one-third upon completion. It's not customary to pay for the entire project before any work has been done.

Source: New Jersey Division of Consumer Affairs