Home improvement fraud is one of the most widespread types of consumer fraud in New Jersey. In response to growing consumer complaints about shoddy workmanship, missed deadlines, and home improvement contractors' failures to complete work or to start projects at all, the State of New Jersey enacted the Home Improvement Practices Act.
The goal of New Jersey's Home Improvement Practices Act is to ensure that homeowners are protected from misrepresentation, fraud, and deception in contracts for home improvement work.
New Jersey's Home Improvement Practices Act protects homeowners when using contractors in their homes. You can find this law in the New Jersey Administrative Code §§ 13:45A–16.1A through 13:45A–16.2.
Under New Jersey's Home Improvement Practices Act, contractors are defined as persons engaged in the business of making and selling home improvements. Specifically, home improvement contractors include individuals and companies that provide the following services:
Home improvement contractors are required to register with the New Jersey Division of Consumer Affairs annually. (N.J. Stat. § 56:8-138). Those who don't register with the Division of Consumer Affairs will not be issued municipal construction permits and will not be permitted to perform home improvement work in New Jersey.
Contact the Division of Consumer Affairs to verify a contractor's registration with the state. Certain individuals or companies that are licensed by the State of New Jersey, such as architects, aren't required to register as home improvement contractors.
Home improvements under the law are defined as the "remodeling, altering, painting, renovating, restoring demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of central heating and air conditioning equipment." (N.J. Admin. Code § 13:45A–16.1A).
All home improvement contracts in excess of $500 must be in writing and must include:
Home improvement contractors must not engage in any of the following practices:
The contractor must provide the homeowner with a copy of its general liability insurance, which is required under the law. In addition, any changes to the original contract must be in writing.
The contractor must also disclose to the homeowner that any signed contracts may be canceled by the homeowner for any reason before midnight of the third business day.
Homeowners can best protect themselves by understanding the requirements of the Home Improvement Practices Act before entering into an agreement for home improvements. In addition, you should:
Check on licensing and complaints. Contact the local Consumer Affairs office to ensure that the home improvement contractor you are looking to hire is registered with the state and inquire if any complaints have been filed against the contractor.
Get three estimates. Get written estimates from at least three different home improvement contractors.
Sign and understand the contract. Before you sign the contract, make sure you fully understand it.
Don't misrepresent who is doing the work. If you, as the homeowner, are obtaining the construction permits from the municipality, be sure to provide the municipality with the complete name, address, and license information of the contractor. Don't attempt to say that you are performing the work yourself when, in fact, you're using a contractor. If you misrepresent who is actually doing the work, you may forfeit the protections afforded by the Home Improvement Practices Act.
Do not pay for the job upfront, and don't pay cash. The customary arrangement is one-third in advance, one-third halfway through the project, and one-third upon completion.
Don't make the final payment until inspections are done. Make sure that all final inspections have been completed before making final payment to the contractor.
If you have a problem with a home improvement contractor, first try to resolve the issue with the contractor directly and give the contractor an opportunity to fix the issue.
If you can't get the issue resolved with the contractor, you can file a complaint with the Division of Consumer Affairs. Consumer Affairs will serve as a mediator in resolving the dispute.
Or, you can contact a consumer law attorney for further assistance.
Noncompliance with the requirements of the Home Improvement Practices Act can be costly. A violation of the Home Improvement Practices Act is also a violation of New Jersey's Consumer Fraud Act, which enables New Jersey homeowners to seek triple the amount of any losses caused by a home improvement contractor. Additionally, the homeowner might be able to recover attorneys' fees and costs in a lawsuit.
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If you want to file a lawsuit against a home improvement contractor for violations of the Home Improvement Practices Act, talk to a lawyer, such as a consumer protection lawyer or an attorney with experience in contractor litigation.
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