NEW JERSEY HOME IMPROVEMENT REGISTRATION
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New Jersey home improvement regulations, statement, construction fraud,
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FREE CONSULTATION ON YOUR HOME IMPROVEMENT CLAIM
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New Jersey passed a law requiring registration of home improvement contractors.
Notice of Implementation of Home Improvement Contractor
Registration Regulations
Important Notice to Contractors
Take notice that the Contractors' Registration Act (the "Act"), P.L. 2004, c.16
(N.J.S.A. 56:8-136 et seq.), was enacted on May 13, 2004 amending the Consumer
Fraud Act, among other things, to establish a new registration program for home
improvement contractors who engage in the business of selling or making home
improvements in the State of New Jersey. The Division of Consumer Affairs
published a Notice of Adoption of regulations (the "Regulations") in the New
Jersey Register (36 N.J.R. 4984(a)) to implement the provisions of the Consumer
Fraud Act, as amended by P.L. 2004, c.16 (N.J.S.A. 56:8-136 et seq.) by
providing registration procedures for those persons who fall under the
requirements of this law. The Regulations initially became operative on November
9, 2004.
The effective date of the Act was deferred from November 9, 2004 to December 31,
2005 by P.L. 2004, c. 155. The Division published a Notice in the New Jersey
Register on January 3, 2005 (37 N.J.R. 87(a)) that advised the public of the
delayed effective date of the Act and the rules and advised contractors of the
need to register as soon as possible.
The Division estimates that there are at least 25,000 contractors who are
required to be registered under the Act. A substantial number of whom have not
yet filed applications. Because under the Act home improvement includes any
remodeling, altering, painting, repairing, renovating, restoring, moving,
demolishing or modernization of or making additions to residential or
non-commercial property, some contractors who do this work may not have realized
that the law requires them to register under the Act. The Division is engaged in
an on going, extensive campaign to educate contractors about the registration
requirements.
The Act prohibits municipalities from issuing construction permits for home
improvements to any contractor not registered under the Act. The Division is
also engaged in an ongoing, extensive campaign to educate municipal officials
about the registration requirements.
It is anticipated that many applications for registration will be filed close to
the effective date, now December 31, 2005. It is likely that the Division will
receive thousands of applications in a short period of time and it may take
weeks to process them. Applications submitted may not be complete or may need
clarification. The applicant must be notified to submit missing or clarifying
information, which will delay the application review process. There will be
applications as to which no decision can be made prior to the effective date of
the Act.
The Division recognizes a need to minimize disruption and inconvenience to
consumers, to allow contractors to complete the registration process while
continuing to obtain permits necessary to perform certain work and to give
guidance to municipal officials during the implementation of the registration
scheme.
Accordingly, for the purpose of compliance with the Act and N.J.A.C. 13:45A-17,
effective December 31, 2005, the Division of Consumer Affairs will consider a
contractor registered for the purpose of obtaining a construction permit from a
municipality when the contractor has, prior to December 31, 2005: 1) filed with
the Division a completed application, including the disclosure statement and all
documents required to be filed with the application, which has not been denied,
2) the required minimum $500,000 per occurrence commercial general liability
insurance policy in full force and effect, and 3) paid the registration fee and,
when applying for a construction permit, provides the appropriate municipal
official with a certification attesting to the fact that a completed application
for registration has been filed with the Division by December 31, 2005, which as
of the date of the certification has not been denied by the Division.
Certification forms will be made available by the Division to municipal
officials so that they may provide them to home improvement contractors. In
addition, contractors will be provided with an advisory that is to be given to
the consumer prior to signing of a contract for home improvement services to
make the consumer aware of the contractor's registration status and compliance
with the Act.
These steps are designed to facilitate the transition to the Statewide
registration scheme and ensure that the goals of the Act are met as soon as is
feasible.
The Division recommends that contractors file the application, disclosure
statement, and accompanying documents with the required fee as soon as possible.
QUALIFICATIONS AND EXPERIENCE OF THIS LAW OFFICE
Howard A. Gutman has successfully handled over 500 lemon law and breach of warranty cases and is the author of the also wrote the Year 2000 Legal Handbook, a book dealing with computer warranties, and is considered a leading authority on all types of warranties.
HOW DO I CONTACT YOU
Law Offices of Howard A. Gutman,
230 Route 46, Parsippany, New Jersey 07054
(973) 598-1980, E-mail Howian@aol.com
Fax (973) 598-1982
We handle the following types of claims
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