Attorney General announces settlements with 47 North Country contractors

Attorney General announces settlements with 47 North Country contractors Attorney General Eric Schneiderman announced a settlement with 47 local home improvement contractors after they were allegedly found to be in violation of the state's Home Improvements Contracts Law. "All have pledged to abide by the law going forward," he said. Roy L'Esperance, who owns Chimney Sweep Hearthside Shop in Plattsburgh and in Shelburne, Vt, reluctantly paid $1,500 in fines, and considered closing his New York store after receiving what he said were threatening letters from the Plattsburgh District Attorney's office. He hired a lawyer to fight the allegations, but ultimately ended up having to pay restitution. LeFevre was praised by Schneiderman as an example of someone who was abiding by the law and doing contracts the right. "His business is doing very well. "We don't want unscrupulous contractors to get a competitive advantage over the good guys. "I just try to be honest with people and keep business on the up and up," LeFevre said. He said he was not aware of any unfair practices by other local contractors. L'Esperance said his business was not unscathed following the investigation and wonders what guidelines major retail chains like Lowe's and Home Depot must conform to and why they did not appear on the list. "This literally affects the services we have available," L'Esperance said. Glen Michaels, assistant Attorney General in charge of the Plattsburgh office, worked with Scheiderman's office in Albany to investigate complaints from area consumers and make certain contractors were aware of the law. "Initially we sent warning letters to contractors beginning in 2009 in order to educate them about the law," Michaels said. The 47 contractors, according to Schneiderman, have signed an agreement to end any unlawful conduct and paid fines ranging from $300 to $1,500. L'Esperance said his stores, both retail locations, should not necessarily be subjected to the same laws as other contractors. Schneiderman said one complaint involved an elderly homeowner who was given a quotation of $13,000 for repairs to her home, but after the work was completed she received a bill for $25,000. Schneiderman was also accompanied by Chris LeFevre, of Cadyville, who owns Northeast Irrigation and Landscape. The results showed that more than 30 percent of contractors, nearly one in three, failed to supply any kind of written contract, according to the statement from Schneiderman's office. They also showed that an additional 50% of contractors failed to provide even the most basic provisions required by law, such as an unconditional three-day right to cancel agreement and almost none of the contractors put customer deposits in a separate account. But L'Esperance is not sure where his business fits into the legislation. "They are trying to impose a law that is over two decades old," L'Esperance said. " . "We found that the overwhelming majority failed to follow the most basic provisions of the law," Schneiderman said. They also found that, despite their efforts with the mailings, the amount of consumer complaints involving contractors had not decreased. The law also states that any deposits contractors take from homeowners are to be kept in a separate account and the money cannot be used to pay off materials from other jobs. In another complaint, he said a lumber company filed a $10,000 lien against a homeowner for materials used by a contractor but not paid for by contract funds. During the investigation, a survey was also sent to more than 100 area contractors to get a better idea of their understanding and compliance with the law. While his stores do deliver and install wood stoves, L'Esperance said he has always required customers to sign a contract and was surprised to hear he was in violation of the law. The ruling, passed in 1988, requires every home improvement contractor, before beginning work, deliver the consumer with a written contract signed by both parties, outlining specific information and disclosures. "It has to include information about the materials, which is frequently a subject of dispute and inform customers of the three-day right to cancel," Schneiderman said. Attorney General announces settlements with 47 North Country contractors Trade News selected by Local Linkup on 04/06/2012