Hammonton-based Waterworld Fiber Glass Pools (N.E.) Inc. and its vice-president, Donald Tallman, have been ordered to pay $2.6 million in civil penalties, consumer restitution and other costs after the Division of Consumer Affairs proved in court that the defendants committed 229 violations of the state’s consumer protection laws and regulations.
Consumers who paid for in-ground pools that either were not built or not completed, or had unresolved quality of work issues, are owed a collective $277,550 in restitution, under terms of the Final Order on Default issued by Superior Court Judge Mark Sandson. About 15 consumers are eligible for restitution.
The court found that the defendants violated the state’s Consumer Fraud Act, the Contractors’ Registration Act and related regulations. The violations constituted unconscionable commercial practices, deception and false promises, and/or misrepresentations.
The court permanently barred Tallman from working in the state’s home improvement industry and ordered that Waterworld’s Certificate of Formation be permanently cancelled.
The Court’s Order includes $2.3 million in civil penalties payable to the State, plus reimbursement of the State’s costs and fees.
Tips for Consumers, When Hiring a Home Improvement Contractor:
Learn about any contractor before deciding to hire them. It is ideal to work with a contractor who is recommended by people you know. It also is advisable to ask the contractor for references and speak with those references about the contractor's work.
Contact the Division of Consumer Affairs to learn if the contractor is duly registered to perform home improvement work in New Jersey, and learn whether the contractor has been the subject of consumer complaints and/or legal action by the Division. You can call the Division at 1-800-242-5846 or use the Division's website,NJConsumerAffairs.gov.
Before hiring the contractor, demand a copy of the contractor's liability insurance policy and contact the insurer to learn whether the policy is valid.
Obtain a written contract. Contracts for home improvement projects costing $500 or more must be in writing. They must include the legal name, business address, and registration number of the contractor as well as a start date, completion date, description of the work to be done, and the total price.
Make sure all warranties and guarantees are in writing, and that the contract states 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.
Remember that it is customary not to pay for the entire project in advance.
Consumers who believe they have been cheated or scammed by a business, or suspect any other form of consumer abuse, can file an online complaint with the State Division of Consumer Affairs by visiting itswebsite or by calling 1-800-242-5846 (toll free within New Jersey) or 973-504-6200.