------------------------

ROBERT LOUGY
ACTING ATTORNEY GENERAL OF NEW JERSEY
Division of Law
124 Halsey Street-s'" Floor
P.O. Box 45029
Newark, New Jersey 07101
Attorney for Plaintiffs
By:

Alina Wells (029512006)
Deputy Attorney General
(973) 648-3070

SUPERIOR COURT OF NEW JERSEY
CHANCERY
DIVISION,
MONMOUTH
COUNTY
l (0
DOCKET NO. MON-C- ( t2

"S --

ROBERT LOUGY, Acting Attorney General of the State of
New Jersey, and STEVE C. LEE, Acting Director of the New
Jersey Division of Consumer Affairs,
Plaintiffs,

Civil Action

v.
NIEMANN GENERAL CONTRACTOR/BUILDER LLC;
RESTORE THE SHORE CONTRACTING LIMITED
LIABILITY COMPANY; ERICH NIEMANN, individually
and as owner, officer, director manager, employee,
representative and/or agent of NIEMANN GENERAL
CONTRACTOR/BUILDER LLC, RESTORE THE SHORE
CONTRACTING LIMITED LIABILITY COMPANY,
NIEMANN CONTRACTING, NJ CUSTOM FINISHED
DECKS, NJ CUSTOM FINISHED BASEMENTS, NJ
FINISHED BASEMENTS, NJ FINISHED BASEMENTS &
DECKS,BASEMENTSREMODEL.COM,NJPATIOPA VERS
COM, and CUSTOMPATIODECKS.COM; and JANE AND
JOHN DOES 1-20, individually and as owners, officers,
directors, shareholders, founders, members, managers,
and/or
employees, servants, agents, representatives
NIEMANN GENERAL
independent contractors of
CONTRACTOR/BUILDER LLC, and RESTORE THE
SHORE
CONTRACTING
LIMITED
LIABILITY
XYZ
CORPORATIONS
1-20,
COMPANY;
and
Defendants.

COMPLAINT

 Plaintiffs Robert Lougy, Acting Attorney General of the State of New Jersey ("Attorney
General"), with offices located at 124 Halsey Street, Fifth Floor, Newark, New Jersey, and Steve C.
Lee, Acting Director of the New Jersey Division of Consumer Affairs ("Director"), with offices
located at 124 Halsey Street, Seventh Floor, Newark, New Jersey, by way of Complaint state:

PRELIMINARY STATEMENT

I.

At all relevant times, defendants Niemann General Contractor/Builder LLC

("Niemann LLC"), Restore the Shore Contracting Limited Liability Company ("Restore the Shore"),
and Erich Niemann ("E. Niemann") (collectively, "Defendants") were engaged in the advertisement,
offer for sale, sale and performance of various home improvements, including, among other things,
remodeling basements, paving patios and constructing decks, to consumers in the State of New
Jersey ("State" or "New Jersey").
Consumer complaints received by the New Jersey Division of Consumer Affairs
("Division") regarding Defendants' home improvement work have revealed multiple violations of
the New Jersey Consumer Fraud Act, N.J. S .A. 56: 8-l et ~ ("CFA"), the Contractors' Registration
Act, N.J.S.A. 56:8-136 ~! ~, and the regulations promulgated thereunder, specifically the
Regulations Governing Contractor Registration, N.J.A.C. l3:45A-17.1 et seq. ("Contractor
Registration Regulations"), and the Regulations Governing Home Improvement Practices, N.J.A.C.
1 3:45A-16.l et seq. ("Home Improvement Regulations"). Among other things, these alleged
violations arise from Defendants' failure to: (a) provide consumers with written home improvement
contracts; (b) include required information in or with home improvement contracts~. description
of work, certificate of commercial general liability insurance); and (c) perform the contracted for
home improvement work, after receiving consumer payments. The Attorney General and Director

2

 commence this action to halt Defendants' deceptive business practices, to restore unlawful gain to
consumers and to obtain other authorized statutory relief.
PARTIES AND JURISDICTION

3.

The Attorney General is charged with the responsibility of enforcing the CFA, the

Contractors' Registration Act, the Contractor Registration Regulations and the Home Improvement
Regulations. The Director is charged with the responsibility of administering the CFA, the
Contractors' Registration Act, the Contractor Registration Regulations and the Home Improvement
Regulations on behalf of the Attorney General.
4.

By this action, the Attorney General and Director (collectively, "Plaintiffs'') seek

injunctive and other authorized statutory relief for violations of the CFA, the Contractors'
Registration Act, the Contractor Registration Regulations, and the Home Improvement Regulations.
Plaintiffs bring this action pursuant to their authority under the CFA, specifically N.J.S.A. 56:8-8,
56:8-11,56:8-13 and 56:8-19. Venue is proper in Monmouth County, pursuant to R.4:3-2, because
it is a county in which the Defendants have maintained a business address and otherwise conducted
business.
5.

Niemann LLC is a New Jersey limited liability company, formed on March 8, 2007,

with a main business address at 1544 Sterling Road, Wall New Jersey 08736.
6.

Niemann LLC's registered agent in the State is E. Niemann with a mailing address

c/o Hanlon & Niemann P.C., 3499 Route 9 North, Suite IF, Freehold, New Jersey 07728.
7.

At all relevant times, upon information and belief, E. Niemann has been the managing

member/president/owner of Niemann LLC and has otherwise planned, managed and overseen its
operation.

3

 8.

Restore the Shore is a New Jersey limited liability company, formed on August 18,

2014, with a main business address 3092 Shafto Road, Suite 17, Tinton Falls, New Jersey 07753.
9.

Restore the Shore's registered agent in the State is E. Niemann, with a mailing

address of 3092 Shafto Road, Suite 17, Tinton Falls, New Jersey 07724.
I 0.

At all relevant times, upon information and belief, E. Niemann has been the

president/member/manager of Restore the Shore and has otherwise planned, managed and overseen
its operation.
II.

Upon information and belief, at varying times, E. Niemann has also advertised and/or

conducted business using the following eight (8) assumed names: Niemann Contracting; NJ Custom
Finished Decks; NJ Custom Finished Basements; NJ Finished Basements; NJ Finished Basements &
Decks; basementsremodel.com; njpatiopavers.com; and custompatiodecks.com. None of these
nan1es has been registered in !he State as a business entity or trade name.
12.

John and Jane Does 1 through 20 are fictitious individuals meant to represent the

owners, officers, directors, shareholders, founders, members, managers, agents, servants, employees,
representatives and/or independent contractors ofNiemann LLC and/or Restore the Shore who have
been involved in the conduct that gives rise to this Complaint, but are heretofore unknown to
Plaintiffs. As these defendants are identified, Plaintiffs shall amend the Complaint to include them.
13.

XYZ Corporations I through 20 are fictitious corporations meant to represent any

additional business entities who have been involved in the conduct that gives rise to the Complaint,
but are heretofore unknown to Plaintiffs. As these defendants are identified, Plaintiffs shall amend
the Complaint to include them.

4

 GENERAL ALLEGATIONS COMMON TO ALL COUNTS
14.

Since at least November 2006, Defendants have been engaged in the advertisement,

offer for sale, sale and performance ofhome improvements in the State including, but not limited to,
remodeling basements, finishing patios and constructing decks.

A.

Home Improvement Contractor Registrations:
15.

On or before November 2006, Niemann LLC (then trading as Niemann General

Contractor/Builder) submitted to the Division a Home Improvement Contractor Application for
Initial Registration ("HIC Registration Application") to engage in business as a home improvement
contractor ("HIC") in the State.
16.

On or about November 3, 2006, the Division registered Niemann LLC (then trading

as Niemann General Contractor/Builder) as an HIC and issued it registration number
13VH03190900.
17.

Niemann LLC's HIC registration subsequently lapsed on January 1, 2009.

18.

On or about June 29,2009, Niemann LLC requested that the Division reinstate its

HIC registration.
19.

On or about August 20, 2009, Niemann LLC's HIC registration was reinstated.

20.

Niemann LLC's HIC registration was renewed each year through 2015.

21.

As of April 28, 2016, Niemann LLC has not renewed its HIC registration.

22.

On or before May 22, 2015, Restore the Shore submitted to the Division an HIC

Registration Application to engage in business as an HIC in the State.
23.

On or about May 5, 2015, the Division registered Restore the Shore as an HIC and

issued it registration number 13VH085707200.
24.

As of April28, 2016, Restore the Shore has not renewed its HIC registration.

5

 25.

Upon information and belief, at varying times, E. Niemann has done business under

the following business names: Niemann Contracting, NJ Custom Finished Decks, N.T Custom
Finished Basements, NJ Finished Basement, and NJ Finished Basements & Decks. These names are
neither registered with the Division as an HIC nor registered as an alternate name.

B.

Defendants' Website Advertising:
26.

Defendants have advertised via the following websites: basementsremodel.com,

njpatiopavers.com, and custompatiodecks.com.
27.

At all relevant times, Defendants' websites have not displayed an HfC registration

number.
C.

Defendants' Usc Of Assumed Business Names:
28.

Upon information and belief, Defendants have advertised, offered for sale and/or sold

home improvements through the use of the following assumed business names, which Defendants
have not registered in the State as a corporations, limited liability companies, trade names and/or in
any other capacity: (a) Niemann Contracting; (b) NJ Custom Finished Decks; (c) NJ Custom
Finished Basements; (d) NJ Finished Basements; (e) NJ Finished Basements & Decks; (i)
basementsremodel.com; (g) njpatiopavers.com; and (h) custompatiodecks.com.

D.

Defendants' Business Practices Generally:
29.

At varying times, Restore the Shore entered into contracts with consumers and

performed home improvements when Restore the Shore was not registered as an HIC with the
Division.
30.

At varying times, Restore the Shore failed to provide consumers with home

improvement contracts.

6

 3 J.

At varying times, Defendants failed to begin and/or complete work on the agreed

upon date or time period represented orally or in tl1e home improvement contract.
32.

At varying times, Defendants commenced home improvements only to abandon the

work and not return to the consumers' homes for weeks, months or at all.
33.

At varying times, Defendants failed to give timely written notice to the consumer for

any delay in the performance of the home improvements and when the work would begin or be
completed.
34.

At varying times, Defendants would change contracts without notice to consumers.

35.

At varying times, Defendants failed to respond to consumers' calls, e-mails andfor

texts inquiring into when Defendants would begin or continue home improvement work that they
had already commenced, but then abandoned.
36.

At varying times, consumers who were able to reach Restore the Shore were given the

"run around," and myriad excuses as to why Restore the Shore could not start or had stopped the
home improvement work.
37.

At varying times, Defendants provided consumers with a date and time for their

return to the consumers' homes, but then failed to appear.
38.

At varying times, Defendants performed additional work or used materials not

specified in the contract, and charged consumers additional costs.
39.

At varying times, Defendants stopped the contracted-for home improvement work,

and then informed consumers that they would not continue the work unless the consumers paid
additional money. Defendants threatened to, and in some cases did, put construction liens on
consumers' homes if consumers did not pay the additional money.

7

 40.

At varying times, consumers obtained estimates from or hired other contractors to

correct and complete Defendants' home improvement work and incurred substantial additional costs
to do so.
41.

At varying times, Defendants failed to perform home improvement work according to

the contract specifications, and demanded and received payment for the unperformed work.
42.

At varying times, Restore the Shore refused to issue a refund when requested by

consumers after Restore the Shore failed to perform the contracted-for home improvement work.
43.

At varying times, E. Niemann would meet with consumers to discuss the scope of

home improvements.
44.

At varying times, E. Niemann would sign Home Improvement Contracts.

45.

On at least one occasion, E. Niemann directed a consumer to make a check out to

him, rather than to Niemarm LLC or Restore the Shore.
46.

In advertising, offering for sale, selling and/or performing home improvements, at

varying times, Defendants used the following unregistered business names, none of which was
registered with the Division as a home improvement contractor nor listed as an alternate name for an
entity that was registered: (a) Niemann Contracting; (b) NJ Custom Finished Decks; (c) NJ Custom
Finished Basements; (d) NJ Finished Basements; (e) NJ Finished Basements & Decks; (f)
basementsremodel.com; (g) njpatiopavers.com; and (h) custompatiodecks.com.

E.

Defendants' Home Improvement Contracts:
4 7.

At varying times, Defendants provided consumers with home improvement contracts

that did not include: (a} an accurate description of the work to be done and the principal products
and materials to be used or installed in performance ofthe contracts; (b) a copy of the certificate of
commercial general liability insurance; (c) dates for the commencement and/or completion of the

8

 home improvement work; (d) the name and a<:ldress of the business; (e) the toll-free telephone
number provided by the Director of the Division for consumers to make inquiries concerning home
improvement contractors; (f) the signatures of both parties; and (g) the required "Notice to
Consumer" cancellation language.
COUNT I
VIOLATION OF THE CFA BY DEFENDANTS
(UNCONSCIONABLE COMMERCIAL PRACTICES AND DECEPTION)
48.

Plaintiffs repeat and reallege the allegations contained in paragraphs I through 47

above as if more fully set forth herein.
49.

The CFA, N.J.S.A. 56:8-2, prohibits:
The act, use or employment by any person of any unconscionable
commercial practice, deception, fraud, false pretense, false promise,
misrepresentation, or the knowing concealment, suppression, or
omission of any material fact with intent that others rely upon such
concealment, suppression or omission, in connection with the sale or
advertisement of any merchandise or real estate, or with the
subsequent performance of such person as aforesaid, whether or not
any person has in fact been misled, deceived or damaged thereby ...

50.

The CFA defines "merchandise" as including "any objects, wares, goods,

commodities, services or anything offered, directly or indirectly to the public for sale." NJ.S.A
56:8-l(c).
51.

At all relevant times, Defendants have been engaged in the advertisement and sale of

merchandise within the meaning ofN.J.S.A. 56:8-l(c), including, but not limited to, remodeling
basements, paving patios and constructing decks.
52.

In the operation of their businesses, Defendants have engaged in the use of

unconscionable commercial practices, deception, false promises and/or misrepresentations.

9

 53.

Defendants have engaged in unconscionable commercial practices including, but not

limited to, the following:
a.

Failing to begin or complete home improvement work on the agreed upon
date or time period represented orally or in the home improvement contract;

b.

Failing to provide timely written notice for any delay in the performance of
home improvement work, as well as when work would commence or be
completed;

c.

Commencing home improvement work then abandoning a project for weeks
and/or months at a time;

d.

Commencing home improvement work then abandoning a project totally;

e.

Failing to respond to consumers' calls inquiring when home improvement
work would commence or continue;

f.

Taking consumers' payments and then failing to provide the contracted-for
home improvements;

g.

Performing additional work not specified in contracts, resulting in additional
costs to consumers without the permission of the consumer;

h.

Failing to perform home improvement work according to the contract
specifications and demanding and receiving payment for the work;

i.

Failing to respond to consumers' telephone calls, inquiries and!orcomplalnts
in a timely manner or at all;

J.

Refusing to issue a refund when so requested by consumers after Defendants
failed to perform the contracted-for home improvement work;

k.

Failing to provide consumers with a written contract and/or providing
contracts after home improvement work had commenced;

I.

Changing contracts without notice to consumers; and

m.

Stopping contracted for home improvement work and refusing to
recommence work unless consumers paid additional money, and then
threatening to file construction liens on the homes of consumers who did not
pay additional money.

10

 54.

Defendant Restore the Shore has engaged in conduct in violation of the CFA

including, but not limited to, the following:
a.

Entering into contracts and/or petfotming home improvement work while not
registered with the State as a home improvement contractor;

b.

Refusing to issue a refund when so requested by consumers after Defendants
failed to perform the contracted-for home improvement work;

c.

Performing home improvement work without a contract;

d.

Failing to provide consumers with home improvement contracts; and

e.

Giving consumers the "run around," and myriad excuses as to why Restore
the Shore could not start or had stopped the home improvement work.

55.

Each unconscionable commercial practice and act of deception by Defendants

constitutes a separate violation under the CFA, N.J.S.A. 56:8-2.
COUNT II
VIOLATION OF THE CFA BY DEFENDANTS
(MISREPRESENTATIONS)

56.

Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 55

above as if more fully set forth herein.
57.

Defendants' conduct in violation of the CFA includes, but is not limited to, the

following misrepresentations:
a.

Representing to consumers that work would begin or be completed on an
agreed upon date or time period, when such was not the case; and

b.

Representing to consumers that Defendants would appear at consumers'
homes at a date certain to complete previously abandoned home
improvement work, when such was not the case.

58.

Each misrepresentation by Defendants constitutes a separate violation under CFA,

!I

 COUNT III
VIOLATION OF THE CONTRACTORS'
REGISTRATION ACT BY DEFENDANTS
59.

Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 58

above as if set forth more fully herein.
60.

The Contractors' Registration Act, among other things, governs the registration of

H!Cs with the Division.
61.

At all relevant times, Defendants have been "Contractor[s]" within the definition of

the Contractors' Registration Act, N.J.S.A. 56:8-137.
62.

At all relevant times, Defendants have offered to perform and performed "Home

Improvement[s]" within the definition of the Contractors' Registration Act, N.J.S.A. 56:8-137.
63.

At all relevant times, Defendants have entered into "Home Improvement Contract[s]'

within the definition ofthe Contractors' Registration Act, N.J.S.A. 56:8-137.
64.

The Contractors' Registration Act provides, in pertinent part:
a.
On or after December 31, 2005, no person shall offer to perfonn, 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 provision of this act
[t:lJ.S.A. 56:8-l38(a)]

65.

At all relevant times, Defendants were not exempt from the Contractors' Registration

Act, pursuant to N.J.S.A. 56:8-140.
66.

The Contractors' Registration Act requires that home improvements contracts

maintain insurance and provides in pertinent part:
a.
On or after December 31, 2005, every registered contractor who is
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.

12

 b.
Every registered contractor engaged in home improvements whose
commercia! 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 fotmer policy is no
longer effective.
[N.J .S.A, 56:8-142(a), (b)]

67.

The Contractors' Registration Act requires that certain information must be displayed

by the Contractor and provides in pertinent part:
a.
All registrants shall prominently display their registmtion numbers
within their places of business, in all advertisements distributed within this
State, on business documents, contracts and correspondence with consumers
of home improvement services in this State, and on all commercial vehicles
registered in this State and leased or owned by registrants and used by
registrants for the purpose of providing home improvements, except for
vehicles leased or rented to customers of registrants by a registrant or any
agent or representative thereof.
[N.J.S.A. 56:8-l44(a)J
68.

The Contractors' Registration Act further provides that "[t]he Director shall provide a

toll-free telephone number for consumers making inquiries regarding contractors." N.J.S.A. 56:8l49(b). At all relevant times, the Director established and has published a toll-free telephone
number.
69.

In this regard, the Contractors' Registration Act requires that:
b.
Any invoice, contract or correspondence given by a registrant to a
consumer shall prominently contain the toll-free telephone number provided
pursuant to [11:l.J.S.A. 56:8-149] of this Act."
[N.J.S.A. 56:8-l44(b)]

70.

Moreover, the Contractors' Registration Act includes a writing requirement for

contracts priced in excess of $500.00 and provides, in pertinent part:

13

 a.
On or after December 31,2005, every home improvement contract for
a purchase price in excess of $500, and all changes in the tenns and
conditions of the contract, shall be in writing. The contract shall be signed by
ail parties thereto, and shall clearly and accurately set forth in legible fonn
and in understandable language all terms and conditions of the contract,
including but not limited to:
(I)
The legal name, business address, and registl'ation number of
the contractor;
(2)
A copy of the certificate of commercial general liability
insurance required of a contractor pursuant to section 7 [C. 56:8-142]
of this act and the telephone number of the insurance company
issuing the certificate; ...
[N.J .S.A. 56:8-!Sl(a).]
71.

ln addition, the Contractors' Registration Act requires that home improvement

contractors include cancellation language as follows:
b.
. .. The contract shall contain a conspicuous notice printed in at least
10-point bold-faced type as follows:
"NOTICE TO CONSUMER
YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE
MIDNIGHT OF THE THIRD BUSINESS DAY AFTER
RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO
CANCEL THIS CONTRACT, YOU MUST EITHER:
I.
SEND A SIGNED AND DATED WRITTEN NOTICE OF
CANCELLATION BY REGISTERED OR CERTIFIED MAIL,
RETURN RECEIPT REQUESTED; OR
2.
PERSONALLY DELIVER A SIGNED AND DATED
WRITTEN NOTICE OF CANCELLATION TO:
(Name of Contractor)
(Address of Contractor)
(Phone Number of Contractor)

14

 If you cancel this contract within the three-day period, you are
entitled to a full refund of your money. Refunds must be made within
30 days ofthe contractor's receipt of the cance!lation notice."
[~

72.

56:8-lSl(b)]

Defendants have engaged in conduct in violation of the Contractors' Registration Act

including, but not limited to, the following:
a.

Advertising, selling and/or offering to perform home improvement work
without being registered by the Division as a home improvement contractor,
(i.e., Niemann Contracting, NJ Custom Finished Decks, NJ Custom Finished
Basements, NJ Finished Basements, NJ Finished Basements & Decks,
basementsremodel.com, njpatiopavers.com, and custompatiodecks.com.)

b.

Failing to include on invoices and home improvement contracts the toll-free
telephone number provided by the Director for consumers to call with
inquiries or complaints concerning home improvement contractors lliJ.S.A.
56:8-144(b ));

c.

Failing to include the required Notice to Consumer language in home
improvement contracts (N.J.S.A. 56:8-!Sl(b)));

d.

Failing to include on home improvement contracts the signatures of both
parties (l!.Ul.A. 56:8-!Sl(a)); and

e.

Failing to include with home improvement contracts a copy of Defendants'
certificate of commercial general liability insurance as well as the telephone
number of the company issuing the certificate (l!.J.S.A. 56:8-151 (a)(2)).

73.

Defendant Restore the Shore has engaged in conduct in violation of the Contractors'

Registration Act including, but not limited to, the tbllowing:
a.

Entering into home improvement contracts and providing HIC services
without being registered with the Division as a home improvement contractor
Q\l,l,S.A. 56:8-138(a)).

74.

Defendants' conduct constitutes multiple violations of the Contractors' Registration

Act, }'J)S.A. 56:8-136

~.t §~g.

15

 COUNT IV
VIOLATION OF THE CONTRACTOR
REGISTRATION REGULATIONS BY DEFENDANTS
75.

Plaintiffs repeat and reallege the allegations contained in paragraphs I through 74

above as if more fully set fot1h herein.
76.

The Contractor Registration Regulations, among other things, provide procedures for

the registration ofHICs with the Division.
77.

At ali relevant times, Defendants have been "Home Improvement Contractor[s]"

and/or "Contractor[s]" within the definition of the Contractor Registration Regulations, N.J.A.C.
13:45A-17.2.
78.

At all relevant times, Defendants have performed "Home lmprovement[s]" within the

definition ofthe Contractor Registration Regulations, N.J.A.C. 13:45A-17.2.
79.

At all relevant times, Defendants have "advertise[d;" home improvements within the

meaning of the Contractor Registration Regulations, NJ.A.C. 13:45A-17.2.
80.

At all relevant times, Defendants have entered into "Home Improvement Contract[s)"

within the definition of the Contractor Registration Regulations, N.J.A.C. 13:45A-17.2.
81.

The Contractor Registration Regulations provide, in pertinent part:
(a)
On or after December 31, 2005, unless exempt under N.J.A.C.
l3:45A-l7.4:
1.

No person shall engage in the business of making or selling home
improvements in this State unless registered with the Division in
accordance with this subchapter; and

2.

No person shall advertise indicating that the person is a contractor in
this State unless the person is registered with the Division in
accordance with this subchapter.

[HJ.A.G, 3:45A-17.J(a)]

16

 82.

At all relevant times, Defendants were not exempt from the Division's contractor

registration requirements.
83.

The Contractor Registration Regulations further require that an applicant for

registration as an HIC provide infonnation to the Division on the HIC Registration Application and
Disclosure Statement, including, among other things: (a) the name and street address of each place
of business of the HIC; (b) any fictitious or trade name to be used by the HIC. N.J.A.C. 13:45A-

17.5(a)(l).
84.

The Contractor Registration Regulations require that H!Cs prominently display

certain information and provide, in pertinent part:
(f)

As ofNovember 4, 2008, any invoice, contract or correspondence given by a
registrant to a consumer shall prominently contain the toll-free telephone
number provided by the Division pursuant to (b) ofN.J.S.A. 56:8-149 and
shall be displayed in all caps in at least 10-point bold-face type as follows:
FOR INFORMATION ABOUT CONTRACTORS AND THE
CONTRACTORS' REGISTRATION ACT, CONTACT THE NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF
CONSUMER AFFAIRS AT 1-888-656-6225.
[N.J.A.C. l3:45A-17.ll(f))

85.

Additionally, the Contractor Registration Regulations provide that:

In addition to the requirements of a home improvement contract pursuant to
N.J.t,,c;:, 1 3 :45A·l6.2, every home improvement contract in which a person
required to he registered as a home improvement contractor is a party shall
comply with the provisions ofN.J.S.A. 56:8-151.
[l:!.J.A.C, !3:45A-l7.13)
86.

Defendants have engaged in conduct in violation of the Contractor Registration

Regulations including, but not limited to, the following:
a.

Advertising as a home improvement contractor in the State without being
registered by the Division as a home improvement contractor. (i.e., Niemann
Contracting, NJ Custom Finished Decks, NJ Custom Finished Basements,

17

 NJ Finished Basements, NJ Finished Basements & Decks,
basementsremodel.com, J\ipatiopavers.com, and custompatiodecks.com.);
b.

Failing to include on home improvement contracts the informational
statement and toll-free telephone number provided by tl1e Director for
consumers making inquiries regarding contractors (b!.J,,;\.C. 13:45A17.1 l(i));

c.

Providing incomplete, incorrect and/or misleading information to the
Division on an HIC Registration Application and/or Disclosure Statement
(e.g., failing to disclose other business names used);

d.

Entering into home improvement contracts that did not comply with the
requirements ofN.J.S.A. 56:8-151 ~failing to set forth the signature of
both parties, the name and address of the business, and a copy of the
certificate of commercial general liability) (b!.J.A.C. 13:45A-17. 13); and

e.

Failing to include the required Notice to Consiuner language in home
improvement contracts CN.J.A.C. l3:45A-17.13).

87.

Defendant Restore the Shore has engaged in conduct in violation of the Contractor

Registration Regulations including, but not limited to, the following:
a.

Entering into contracts and performing home improvement services while not
registered with the State as a home improvement contractor (N.J.A.C.
13 :45A-17.3(a)(! )).

88.

Defendants' conduct constitutes multiple violations of the Contractor Registration

Regulations, N.J.A.C. 13:45A-17.1 et seq., each of which constitutes a~ se violation of the CFA,
N.J .S.I\,56:8·1 et §£g.
COUNTY
VIOLATION OF THE HOME IMPROVEMENT
PRACTICES REGULATIONS BY DEFENDANTS
89.

Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 88

above as if more fully set forth herein.

18

 90.

The Home Improvement Regulations, among other things, prohibit certain acts and

practices of a seller in connection with the sale, advertisement or performance ofhome improvement
contracts.
9!.

Defendants are "Seller[s]" within the definition ofN.J.A.C. 13:45A-l6.l.

92.

At all relevant times, Defendants entered into "Home Improvement Contract[s]'

within the definition ofN.J.A.C. 13:45A-16.l.
93.

The Home Improvement Regulations prohibit certain practices with regard to the

performance of home improvement contracts, as follows:
a.

Without limiting any other practices which may be unlawful under the
Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., utilization by a se!ler of the
following acts and practices involving the sale, attempted sale, advertisement
or performance of home improvements shaH be unlawful hereunder.

7.

12.

Performance:

ii.

Fail to begin or complete work on the date or within the time
period specified in the home improvement contract, or as
otherwise represented ....

iii.

Fail to give timely written notice to the buyer of reasons,
beyond the seller's control for any delay in the performance
and when work will begin or be completed.

Home improvement contract requirements-writing requirement: All
home improvement contracts for a purchase price in excess of
$500.00, and all changes in the terms and conditions thereof shall be
in writing. Home improvement contracts which are required by this
subsection to be in writing, and all changes in the terms and
conditions thereof, shall be signed by ail parties thereto, and shall
clearly and accurately set fmth in legible form and in understandable
language all terms and conditions of the contract, including, but not
limited to, the following:

19

 1.

The legal name and business address of the seller, including
the legal name and business address of the sales
representative or agent who solicite,d or negotiated the
contract for the seller;

ii.

A description of the work to be done and the principal
products and materials to be used or installed in performance
of the contract. The description shall include, where
applicable, the name, make, size, capacity, model, and model
year of principal products or fixtures to be installed, and the
type, grade, quality, size or quantity of principal building or
construction materials to be used. Where specific
representations are made that certain types of products or
materials wiil be used, or the buyer has specified that certain
types of products arc to be used, a description of such
products or materials shall be clearly set forth in the contract;

iv.

The dates or time period on or within which the work is to
begin and be completed by the seller;

[N.J.A.C. 13:45A-16.2(a)(7)(ii-iii), (12)(i-ii), (iv)]
94.

Defendants violated the Home Improvement Regulations by engaging in certain

conduct including, but not limited to the following:
a.

Failing to include the legal name and business address of the seller (N.J.A.C.
13 :45A-16.2(a)(l2)(i));

b.

failing to begin or complete home improvement work on the date or within
the time period represented illLb.C. 13:45A-l6.2(a)(7)(ii));

c.

Failing to give timely written notice to consumers of reasons, beyond
Defendant~' control, for any delay in the performance or when home
improvement work will begin or be completed (}!.J.A.C. 13:45A16.2(a)(7)(iii));

d.

Failing to include in home improvement contracts the signature of both
parties {lU.A.C, 13:45A-16.2(a)(l2));

e.

Failing to include in home improvement contracts a description of the work
to be done and the principal products and materials to be used or installed
frl.J.A.C 13:45A-16.2(a)(l2)(ii)); and

20

 f.

Failing to include in home improvement contracts the date or time period on
or within which work is to begin and be completed (N.J.A.C. 13:45A16.2(a)( l2)(iv).

95.

Defendant Restore the Shore has engaged in conduct in violation of the Home

Improvement Practices Regulations including, but not limited to, performing home improvement
work without a contract
96.

Defendants' conduct constitutes multiple violations of the Home Improvement

Regulations, N.J.A.C. 13:45A-16.l et seg., each of which constitutes a :Q§[ seviolation of the CFA,
N.J.S.A. 56:8-1 et ~·
COUNT VI
VIOLATIONS OF THE CFA, THE CONTRACTORS'
REGISTRATION ACT, THE CONTRACTOR
REGISTRATION REGULATIONS, AND/OR THE HOME
IMPROVEMENT REGULATIONS
BY E. NIEMANN
97.

Plaintiffs repeat and reallege the allegations contained in paragraphs I through 96

above as if more fully set forth herein.
98.

At all relevant times, E. Niemann has been the owner, President, or managing

member of Niemann LLC and Restore the Shore, and has controlled, directed and/or participated in
the management and operation of those entities, including the conduct alleged in this Complaint.
99.

In that capacity, E. Niemann, among other things, met with consumers on a number

of occasions to discuss the scope of the home improvements, received a check made out to him for
home improvements, and signed Home Improvement Contracts.

2!

 100.

The conduct of E. Niemann makes him personally liable for the violations of the

CFA, the Contractors' Registration Act, the Contractor Registration Regulations, and/or the Home
Improvement Regulations committed by Niemann LLC and Restore the Shore.

PRAYER FOR RELIEF

WHEREFORE, based upon the foregoing allegations, Plaintiffs respectfully request that the
Court enter judgment against Defendants:
(a)

Finding that the acts and omissions of Defendants constitute multiple
instances of unlawful practices in violation of the CFA, N.J.S.A. 56:8-1 et
seq., the Contractors' Registration Act, N.J.S.A" 56:8-136 et seq., the
Contractor Registration Regulations, )::.U.A.C. J3:45A-l7.1 et seq., and the
Home Improvement Regulations, N.J..A.Cc 13:45A-16.1 ~ ~.;

(b)

Permanently enjoining Defendants and their owners, officers, directors,
shareholders, founders, members, managers, agents, servants, employees,
representatives, independent contractors and all other persons or entities
directly under their control, from engaging in, continuing to engage in or
doing any acts or practices in violation of the CFA, N.J.S.A. 56:8-l et ~.,
the Contractors' Registration Act, N.J,S.A. 56:8-136 et seq., the Contractor
Registration Regulations, N,J,_A.C. 13:45A-17.1 et ~., and the Home
Improvement Regulations, N.J.A.C. l3:45A-l6.1 et~ .• including, but not
limited to, the acts and practices alleged in this Complaint, as authorized by
the CFA, N.J,S.A. 56:8-8;

(c)

Permanently enjoining Defendants from owning, operating or otherwise
managing any business or other entity in the State, whether registered with
the Division or not, that advertises, offers for sale, sells and/or performs HIC
Services within the State, as authorized by N.J.S ../1., 56:8-8;

(d)

Permanently enjoining Defendants from the advertisement, offer for sale, sale
and performance ofHIC Services within the State, as authorized by N .J.S.A.
56:8-8;

(e)

Directing the assessment of restitution amounts against Defendants, jointly
and severally, to restore to any affected person, whether or not named in this
Complaint, any money or real or personal property acquired by means of any
alleged practice herein to be unlawful and found to be unlawful, as
authorized by N.J.SA 56:8-8;

22

 (f)

Canceling the Certificates of Formation in the State of New Jersey for
defendants Niemann General Contractor/Builder LLC, and Restore the Shore
Contracting Limited Liability Company, as authorized by the CF A, N .J .S.A.

56:8-8;
(g)

Assessing the maximum statutory civil penalties against Defendants, jointly
and severally, for each and every violation of the CFA, as authorized by

N ..LS.A. 56:8-13;
(h)

Directing the assessment of costs and fees, including attorneys' fees, against
Defendants, jointly and severally, for the use of the State of New Jersey, as
authorized by N.J.S.A. 56:8-11 and N.J.S.A. 56:8-19; and

(i)

Granting such other relief as the interests of justice may require.

ROBERT LOUGY
ACl'lNG ATTORNEY GENERAL OF NEW JERSEY
Attorney for Plaintiffs

By:

Qiu .~ '---'-'LQ.Q_.-t__.
Alina Wells
Deputy Attorney General
Consumer Fraud Prosecution Section

Dated: April
2016
Newark, New Jersey

23

 RULE 4:5·1 CERTIFICATION
l certify, to the best of my information and belief, that the matter in this action involving the
aforementioned violations of the CFA, N.J.S.A. 56:8-1 et ~.,the Contractors' Registration Act,
N.J.S.A. 56:8-136 et ~ .• the Contractor Registration Regulations, N.J.~~C. 13:45A-17. l et ~ .•
and the Home Improvement Regulations, :t:~tL.<\.C. 13:45A-16.1 et ~~g., is not the subject of any
other action pending in any other court of this State. I further certify, to the best of my information
and belief, that the matter in controversy in this action is not the subject of a pending arbitration
proceeding in this State, nor is any other action or arbitration proceeding contemplated. I certify that
there is no other party who should be joined in this action at this time.

ROBERT LOUGY
ACTING ATfORNEY GENERAL OF NEW JERSEY
Attorney for Plaintiffs

By:

Q__~~=''

L,___'lcy__QL-a__,

Alina Wcl!s
Deputy Attorney General
Consumer Fraud Prosecution
Dated: April2o , 2016
Newark, New Jersey

24

 RULE 1:38-7(c) CERTIFICATION OF COMPLIANCE

I certify that ccnfidential personal identifiers have been redacted from documents now
submitted to the ccurt, and will be redacted from all documents submitted in the future in accordance
with Rule l :38-7(b).
ROBERT LOUGY
ACTING ATTORNEY GENERAL OF NEW JERSEY
Attorney for Plaintiffs

By:

C}.Q-~~''-C- L~·"'"'")~o=Q::::1~:::Q:;.:4~'_ _ __
Alina Wells
Deputy Attorney General
Consumer Fraud Prosecution Section

Dated: April r'o , 2016
Newark, New Jersey

DESIGNATION OF TRJAL COUNSEL

Pursuant toR. 4:25-4, Deputy Attorney General Alina Wells is hereby designated as trial
counsel for the Plaintiffs in this action.
ROBERT LOUGY
ACTING ATTORNEY GENERAL OF NEW JERSEY
Attorney for Plaintiffs

By:

~c U,Le, ().
ina Wens

_\._;.__ _;~_-4.__,

Deputy Attorney General
Consumer Fraud Prosecution Section
Dated: April ?l\_, 2016
Newark, New Jersey

25