Commercial Landowner Sidewalk Paver Liability - What Could He Have Done?

In this video, Peter Lamont, a NJ Business Attorney & Host of UTLRadio.com, explains how a commerical landowner allowed a dangerous condition to exist on his property and what he could have done to reduce or eliminate his liability. For more information go to www.peterlamontesq.com or www.utlradio.com

New Jersey Home Improvement Contractor Checklist

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Home improvement contractor accused of performing shoddy, incomplete work

KENTON — Ohio Attorney General Mike DeWine has announced a lawsuit has been filed against a Lakeview home improvement contractor accused of failing to deliver promised services to consumers in several northwest Ohio counties.

The lawsuit accuses Kelly E. Lange, individually and doing business as KL Topsoil Property Maintenance, of multiple violations of Ohio's Consumer Sales Practices Act.

“This supplier has shown a disregard for the law and for his customers,” DeWine said. “We are taking this action because we don't want other consumers to be harmed. We also are encouraging any consumers who have complaints against this or other home improvement contractors to contact the Ohio Attorney General's Office.”

According to the lawsuit, Lange advertised on Craigslist and through a local circular, “The County Classifieds,” offering various home improvement goods or services, including property clean-up, household moving and hauling and demolition of houses and barns.

At least five consumers filed complaints with the Ohio Attorney General's Office and Better Business Bureau reporting an average loss of $1,100.

In their complaints, consumers said Lange failed to start the work within the agreed upon time period, failed to complete the jobs, or failed to do any work. He also allegedly accepted large cash deposits or checks and refused to provide refunds.

Consumers from Hardin County, Auglaize County, Wyandot County and Allen County have filed complaints, though additional consumers may be affected.

The Attorney General's lawsuit, filed in the Hardin County Common Pleas Court, charges Lange with failure to deliver, failure to register a business name with the Ohio Secretary of State, failure to comply with the Deposit Rule, and performing shoddy work.

In the lawsuit, the Attorney General seeks an end to Lange's violations of the Consumer Sales Practices Act and an order requiring him to pay consumer restitution and civil penalties.

DeWine offered consumers the following tips for entering into a home improvement transaction:

• Check out a contractor before making any payments. Search for complaints on file with the Ohio Attorney General's Office or Better Business Bureau.

• Get multiple estimates. For a large job, consider contacting at least three different contractors before making a final determination.

• Determine whether the business name is registered with the Ohio Secretary of State. In general, unless someone is operating under his or her own given name (such as “Jane Smith's Contracting”), business names must be registered.

• Ask for a detailed written contract. The contract should include the estimated costs, the starting and end dates, and the names of individuals who will perform the work.

• Any time you make a deposit, make sure you receive a dated receipt listing the amount you paid.

• Keep thorough records. Having documentation will help if you encounter problems.

• Don't pay in cash or make large down payments, and be skeptical if someone asks you to make a check payable to an individual, rather than his or her business.

Consumers who believe they have been treated unfairly should contact the Ohio Attorney General's Office at www.OhioAttorneyGeneral.gov or 800-282-0515.

A copy of the lawsuit is available on the Ohio Attorney General's website.

CSLB Catches Felons, Other Known Criminals in Simultaneous Statewide Undercover Sting Operations

Spring California Blitz highlights serious risks consumers take when hiring unlicensed contractors

STING VIDEO:  https://drive.google.com/file/d/0B6a4finjvd2oYVJBVzZwMjIzV3M/view?pli=1

DIGITAL PHOTOS: https://www.flickr.com/photos/cslb

SACRAMENTO – More than seven dozen people may face criminal charges after being caught by the Contractors State License Board (CSLB) in simultaneous undercover sting operations conducted March 10 and 11, 2015, in seven cities throughout California.

     “Several of the suspects we targeted turned out to be repeat offenders and individuals with a criminal history and drug violations,” said CSLB Registrar Cindi A. Christenson. “If you knew their backgrounds, you’d never allow them near your home or family.”

     Among those caught during CSLB’s spring California Blitz were a dozen repeat offenders, one suspect with an active arrest warrant, four suspects on probation, and one former CSLB licensee. Suspects who turned out to have serious criminal backgrounds were targeted because of ads they posted on craigslist.org, local fliers, business cards, and complaints to CSLB and local government agencies.

     Investigators from CSLB’s Statewide Investigative Fraud Team (SWIFT) partnered with a variety of local law enforcement agencies to conduct the operations at homes in Bakersfield (Kern County), Gardena (Los Angeles County), Ione (Amador County), Madera (Madera County), Rancho Mirage (Riverside County), San Diego (San Diego County), and Tracy (San Joaquin County).

     SWIFT investigators called suspected unlicensed operators for home improvement bids that included painting, landscaping, sprinklers, pool maintenance, cabinetry, electrical, wrought iron, flooring, fencing, masonry, tile, plumbing, concrete, and tree removal work.  

      All 85 individuals arrested may face misdemeanor charges for contracting without a license(Business and Professions Code section 7028). The penalty for a first conviction is up to six months in jail and/or a fine of up to $5,000.

     Seventy-seven suspects also may be charged with illegal advertising (Business and Professions Code section 7027.1). State law requires contractors to place their license number in all print, broadcast, and online advertisements. Those without a license can advertise to perform jobs valued at less than $500, but the ad must state that they are not a licensed contractor. The penalty is a fine of $700 to $1,000.

    Three others may be charged with requesting an excessive down payment (Business and Professions Code section 7159.5). In California, a home improvement project down payment cannot exceed 10 percent of the contract total or $1,000, whichever is less. This misdemeanor charge carries a maximum penalty of six months in jail and/or up to a $5,000 fine.

     Six of the phony contractors also were issued Stop Orders (Business and Professions Code section 7127). CSLB investigators can halt job site activity when any person, with or without a contractor license, does not have workers’ compensation insurance coverage for employees. Failure to comply with a Stop Order can result in misdemeanor charges and penalties, including 60 days in jail and/or up to $10,000 in fines.

     “One of the suspects was brazenly using a contractor license number that belongs to a legitimate contractor,” added Christenson. “Always be sure to check your contractor’s license number on the CSLB website and ask the contractor for photo identification to verify the person’s identity.”

     Blitz totals may increase as some suspects are expected to provide their bids at a later date to undercover investigators via text, email or fax.

Lakisha Woods Named NAHB Chief Marketing Officer

The National Association of Home Builders (NAHB) recently announced the promotion of veteran staff member Lakisha Woods, CAE, to chief marketing officer.

This position will oversee all revenue-generating programs unrelated to NAHB's International Builders' Show exhibit space sales. Such activities will include sponsorship sales and partnerships with national companies. The position will also identify new business opportunities and handle NAHB branding and public image initiatives.

"Lakisha Woods brings a wealth of expertise to this important leadership position," said Jerry Howard, NAHB's CEO. "Increasing non-dues revenue and managing our brand are critical ventures, and I have no doubt Lakisha will excel in these capacities. She inherits an exceptionally talented staff, who are equally committed to serving NAHB and our members."

Woods assumes this position after 10 years as vice president of NAHB's publishing and affinity programs. In this capacity, she and her team developed member benefit programs, created and sold online subscription services and published resources for home builders. Prior to joining NAHB, Woods was the executive director of marketing and e-business for the Associated General Contractors of America.

"NAHB has long been the recognized leader for housing advocacy," said Woods. "I now have the privilege of working with a collaborative and professional team to further the NAHB brand while delivering real value to builders, remodelers and home buyers." 

http://www.kbbonline.com/news-and-features/Lakisha-Woods-Named-NAHB-Chief-Marketing-Officer-6829.shtml

The Dangers of Renovating Your Home

By: Brian Turner

Renovating your home is a great way to improve both its appearance and its market value. Many popular home renovations include updating the bathroom and kitchen, finishing the basement, replacing flooring or simply adding wallpaper. While many people think that these tasks make their homes a more appealing place to live, they fail to consider the sheer volume of extremely dangerous substances they expose themselves and their families to in the process. Here are some of the hazards you face when renovating your home.

Lead

Just because your house was built after 1978 doesn't mean that you're safe from lead in your home. According to one study, 74 percent of vinyl floor materials were found to contain levels of lead exceeding 1,900 ppm (parts per million). By contrast, the United States Consumer Product Safety Commission limits the amounts in to a mere 300 ppm. The substance is often used in plastics to improve their texture and make them pliable. Wallpaper is another common source of lead. Lead is known to cause damage to the brain and nervous system, seizures, reproductive dysfunction, miscarriage, behavioral problems, digestive disturbances and kidney damage.

Phthalates

Like lead, phthalates are widely used in plastics, vinyl and PVC to make them soft and flexible. However, although the United Stated government itself is aware of the dangers these substances pose, phthalates are still allowed to be used in a huge array of everyday items. Unfortunately, this includes home improvement materials such as PVC flooring, vinyl flooring and wallpaper. Phthalates are recognized as endocrine disruptors, chemicals that cause hormonal disturbances even in low doses. They are capable of causing reproductive damage, birth defects, respiratory disorders and behavioral problems. In fact, a 2009 study noted a strong link between autism, asthma and PVC floors. It also showed that children from homes with such floors were twice as likely to have autism or autism spectrum disorders.

Cadmium

Few people have even heard of cadmium, so if you don't realize the threat it poses to you and your loved ones, don't feel bad. However, this is yet another in the long list of hazardous substances that you can be exposed to during home renovations. Cadmium is primarily found in wallpaper and tile. This chemical can cause cancer and damage to the kidneys and respiratory system.

Asbestos

Asbestos may be the scariest home improvement risk of all. Even though there have been many bans put in place, this substance may still be present in many homes. Old insulation, tiles and ceiling panels may have been made with it, so when you tear these things up, you might release asbestos into the air. This substance is know for causing lung cancer, asbestosis and mesothelioma.

Exposure to these substances should not be taken lightly. Before renovating your home, you should have it inspected for one or more of the above chemicals, especially asbestos. If they're found in dangerous levels, take steps to prevent exposure. Use a respirator and eye protection when working, wear long sleeves, gloves and long pants and make sure to use adequate ventilation. If necessary, call a professional company to clean up the hazardous materials for you.

Brian Turner has been working with the Mesothelioma Cancer Alliance as an environmental health and toxic substance safety advocate since June of 2007. Brian brings a tremendous amount of research and awareness experience in environmental health risks, environmental carcinogens, and green building expertise. Brian is very interested in all types of cars; his favorites are classic, muscle, and imports. Brian is commonly found playing and watching various sports with his friends.

Read more: http://www.mesothelioma.com/blog/authors/brian/bio.htm#ixzz2BfyQgGGO

http://www.mesothelioma.com/blog/

California Appeals Court Confirms Conviction of Contractor

A California Appeals Court recently affirmed the lower court's conviction of California contractor Toby James Coleman. Mr. Coleman was convicted of five misdemeanor counts of contracting without a valid contractor's license in violation of California's Business and Professions Code section 7028, subdivision (a).

Mr. Coleman was sentenced to 90 days in jail for each of the five counts to be followed by a three-year probationary period. Additionally, he was fined $25,000.

This case highlights the importance of making certain that you are properly licensed and operating in accordance with your states Business and Consumer Protection laws.

You can download a copy of the appellate court's decision by clicking on the image below.  Should you have any questions about this decision or any other matter, please do not hesitate to contact us.