Law Office Of Paul DePetris
paul@newjerseylemon.com

Who Is A New Jersey Home Improvement Contractor?

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


WHO IS A NEW JERSEY HOME IMPROVEMENT CONTRACTOR?


WHO IS A NEW JERSEY HOME IMPROVEMENT CONTRACTOR UNDER THE NEW JERSEY CONTRACTORS’ REGISTRATION ACT?
Many people ask who is a New Jersey home improvement contractor under New Jersey Law?  Under the New Jersey Contractors’ Registration Act, a New Jersey home improvement contractor is a person engaged in the business of making or selling New Jersey home improvements and includes a corporation, partnership, association and any other form of business organization or entity, and its officers, representatives, agents and employees.  A New Jersey home improvement involves the remodeling, altering, renovating, repairing, restoring, modernizing, moving, demolishing, or otherwise improving or modifying of the whole or any part of any residential or non-commercial property. Home improvement shall also include insulation installation, and the conversion of existing commercial structures into residential or non-commercial property.  A New Jersey home improvement contract means an oral or written agreement for the performance of a home improvement between a New Jersey home improvement contractor and a New Jersey homeowner, New Jersey tenant or New Jersey lessee of a residential or noncommercial New Jersey property and includes all New Jersey agreements under which the New Jersey home improvement contractor is to perform labor or render services for New Jersey home improvements, or furnish materials in connection therewith.


WHAT ABOUT OUT OF STATE CONTRACTORS?
When determining who is a New Jersey home improvement contractor under New Jersey Law, realize that even out of state contractors may be considered contractors and therefore held liable under New Jersey Law.  Under the New Jersey Contractors’ Registration Act, except for persons exempt from that law, any person who advertises in print or puts out any sign or card or other device on or after December 31, 2005, which would indicate to the public that he is a contractor in New Jersey, or who causes his name or business name to be included in a classified advertisement or directory in New Jersey on or after December 31, 2005, under a classification for home improvements covered by this act, is subject to the provisions of this act. This section shall not be construed to apply to simple residential alphabetical listings in standard telephone directories.


WHO IS A NEW JERSEY HOME IMPROVEMENT SELLER?
When determining who is a New Jersey home improvement contractor under New Jersey Law, consider not only people who perform the home improvements but also those who sell the home improvements. Under the New Jersey Home Improvement Practices Regulations, a New Jersey home improvement seller means a person engaged in the business of making or selling New Jersey home improvements and includes corporations, partnerships, associations and any other form of business organization or entity, and their officers, representatives, agents and employees.  "Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring, moving, demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, security protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or forming a part of the residential
or noncommercial property, but does not include the construction of a new residence. The term extends
to the conversion of existing commercial structures into residential or noncommercial property
and includes any of the above activities performed under emergency conditions.  "Home improvement contract" means an oral or written agreement between a seller and an owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements under which the seller is to perform labor or render services for home improvements, or furnish materials in connection therewith.


WHO IS A NEW JERSEY HOME IMPROVEMENT SALES REPRESENTATIVE?
When determining who is a New Jersey home improvement contractor under New Jersey Law, consider the sales representatives of home improvement contractors.  Under the New Jersey Home Improvement Practices Regulations, a New Jersey home improvement sales representative means a person employed by or contracting with a New Jersey Home Improvement seller for the purpose of selling New Jersey New Jersey home improvements.


NEW JERSEY HOME IMPROVEMENT CONTRACTOR LICENSE REQUIREMENTS
On or after December 31, 2005, no person shall offer to perform, or engage, or attempt to engage in the business of making or selling home improvements unless registered with the Division of Consumer Affairs in accordance with the provisions of the New Jersey Contractors’ Registration Act.  Every contractor shall annually register with the director. Application for registration shall be on a form provided by the division and shall be accompanied by a reasonable fee, set by the director in an amount sufficient to defray the division's expenses incurred in administering and enforcing the New Jersey Contractors’ Registration Act.  Every contractor required to register under the New Jersey Contractors’ Registration Act shall file an amended registration within 20 days after any change in the information required to be included thereon.


NEW JERSEY HOME IMPROVEMENT CONTRACTOR INSURANCE REQUIREMENTS
Licensed New Jersey home improvement contractors engaged in home improvements shall secure, maintain and file with the director proof of a certificate of commercial general liability insurance in a minimum amount of $500,000 per occurrence.  Every registered contractor engaged in home improvements whose commercial general liability insurance policy is cancelled or nonrenewed shall submit to the director a copy of the certificate of commercial general liability insurance for a new or replacement policy which meets the requirements of subsection a. of this section before the former policy is no longer effective.


WHY BE CONCERNED ABOUT WHO IS A NEW JERSEY HOME IMPROVEMENT SELLER, WHO IS A NEW JERSEY HOME IMPROVEMENT SALES REPRESENTATIVE OR WHO IS A NEW JERSEY HOME IMPROVEMENT CONTRACTOR?
The following are reasons for taking special care when selecting and hiring your New Jersey home improvement contractor,  New Jersey home improvement seller or New Jersey home improvement sales representative:
Most New Jersey home improvement contracts and New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives violate New Jersey laws and regulations.  
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives ignore the New Jersey laws and regulations that they are required to follow when dealing with consumers.
It is very common for New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives to accept deposits, only to abandon a jobsite before the job is complete.  
The workmanship of many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives is substandard and/or violates municipal code requirements.
Some New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives live “hand to mouth,” so that they take deposits from you and use them to pay for projects other than yours and mislead you into believing they are using the money you give them to buy materials for your home or to pay for labor being performed on your home.
It is not uncommon for New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives to let their insurance coverage expire.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives quote a customer one price, only to increase the bill at a later time, such as in the middle of the project.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives overcharge for permits or promise but fail to secure permits for the work that they perform for New Jersey homeowners, thereby causing violations of municipal codes and/or New Jersey laws.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives’ advertisements violate New Jersey laws or regulations.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives don’t actually perform the work you hire them to do; instead, they hire subcontractors who may or may not be skilled in home improvement work.
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives fail to complete New Jersey home improvement contracts and New Jersey home repair contracts on time, leading to a house that is an unfinished nightmare!  Imagine being unable to use your kitchen, laundry room or bathrooms because of an incompetent New Jersey home improvement contractor or New Jersey home repair contractor!
Many New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives fail to order materials so that the New Jersey home improvement project can’t be completed.
It is not uncommon for New Jersey home repair contractors, New Jersey home improvement sellers and New Jersey home improvement sales representatives to put a lien on your property for failure to pay their bills.
Failure to dispute a New Jersey home improvement contractor or New Jersey home repair contractor’s bill in timely fashion could result in your having to pay the New Jersey home improvement contractor or New Jersey home repair contractor’s bill as well as their attorney’s fees and court costs that they incur to collect it from you.
For most people, a home is the greatest single investment.  It is reckless to endanger your most important investment by hiring an incompetent New Jersey home improvement contractor or New Jersey home repair contractor. 
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