Law Enforcement Agencies Target Unregistered Home Improvement Contractors
Investigators from the Office of the Attorney General and the Lyndhurst Police Department conducted an undercover operation to ensnare unregistered home improvement contractors. As part of the operation, investigators posed as the owners of a home that suffered flood damage after Hurricane Irene. Investigators responded to advertisements for home improvement services and invited contractors to the house to provide an estimate. Contractors who responded who were not registered with the State were subsequently charged with fourth degree crimes. If convicted, the contractors face up to 18 months in state prison.
Under N.J.S. 56:8-136, commonly known as the Contractors’ Registration Act, any contractor in New Jersey who advertises their services publicly must register annually with the State. As part of the registration, the contractor must show that they maintain an office in New Jersey with an actual street address, and must show proof of liability insurance of at least $500,000. The act further provides that any person who knowingly violates the act is guilty of a fourth degree crime.
As a result of the sting, fourth degree criminal charges were filed by the Bergen County Prosecutor’s Office against eight different contractors from various towns around New Jersey, including Sparta, Kearny, Hackensack, Hasbrouck Heights, North Arlington, Cranford, Wayne, and Annandale. The State claims that some of these contractors came to the home to provide estimates without even bringing a tape measure. However, there is no indication of whether a tape measure is necessary to provide an estimate. In fact, many experienced contractors can tell the rough size of a room without the use of a tape measure.
One thing that should be noted, which has not been noted by law enforcement authorities, is that there is not necessarily any correlation between whether a contractor is registered with the State and whether that contractor provided an honest bid for the job and provides honest services. The fact that the Contractors’ Registration Act makes it an indictable crime for a contractor to fail to register with the State is proof of nothing more than the over-criminalization of our society. So, there are potentially honest contractors, who do honest work and provide honest bids, now facing criminal charges for the mere act of not registering.
Anyone charged with a crime in New Jersey should contact New Jersey criminal defense lawyer Nace Naumoski for representation.
