California Appeals Court Confirms Conviction of Contractor

on Tuesday, July 12, 2011

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.


EPA Enforcing Lead Paint Laws - Maximum Penalty is $37,500.00 per violation per day! Contact us to find out if you need to be certified.

on Wednesday, July 6, 2011

Most recently, on May 16, 2011, the EPA announced that a Rockland, Maine renovator is facing penalties related to alleged violations, which occurred in October 2010.  As per the EPA’s investigation, the contractor, who had personally completed the required RRP Rule eight-hour training class, failed to:  1) obtain firm certification from the EPA, 2) post warning signs, 3) contain the work area, 4) contain waste from the renovation activities, 5) properly train his co-workers, 6) prohibit the use of high-speed paint removal machines without HEPA exhaust control, and 7) establish and maintain records necessary to demonstrate compliance with the RRP Rule.  Remember, the maximum penalty for the alleged violations is up to $37,500.00 per violation per day!  Do you know how he was discovered?  The EPA received a tip, from someone across the street from the renovation, who took a video and posted it on the internet!  The EPA promises to follow through on tips, such as this example, to identify if violations have jeopardized public health.

State seeks to bar contractor from work in Oregon

on Tuesday, July 5, 2011

Jason Robert Gamble is facing accusations of misrepresentation

BY KAREN MCCOWAN
The Register-Guard
Published: (Tuesday, Jul 5, 2011 04:25AM)Today
The state Department of Justice is seeking a court order permanently barring an unlicensed contractor from working in construction in the state.
A complaint made public last week in Lane County Circuit Court accuses Jason Robert Gamble of misrepresenting himself as a licensed contractor for seven years. He did work in Lane and Deschutes counties, the lawsuit says.
The suit also seeks a fine of up to $25,000 for each of Gamble’s violations of state contracting law.
It claims that Gamble advertised his services as J.G. Construction, an unregistered business name, and misled customers to believe that he had posted a bond to cover any damages resulting from his work.
The Register-Guard was unable to reach Gamble for comment. A telephone number listed for him in Oregon Circuit Court records has been disconnected.
Between December 2007 and March 2010, Gamble posted 43 Internet ads in which he described himself as an experienced contractor who could “handle all phases of construction and remodeling” and who offered seniors a 10 percent discount, the suit alleges.
In at least one of the ads, Gamble said “I build new homes” and “additions to your existing home.”
The state alleges that Gamble contracted with a Marcola woman in September 2008, agreeing to repair her roof for $348. She hired him based on an Internet ad in which Gamble described himself as an experienced contractor. He told her the repaired roof was “guaranteed not to leak,” according to court documents.
The woman called him back when the roof still leaked a month later, and he persuaded her to pay an additional $1,374 for him to remove a skylight and replace a section of the roof, the complaint alleges.
“The roof continued to leak,” the suit said, but the woman then had “a very difficult time” reaching Gamble and he never returned to make repairs.
The suit charges that Gamble also misrepresented himself as a licensed contractor earlier that year when he performed supervisory and siding construction on a home in Bend.

Successfully Get Rid Of The Mold From Your Home

on Monday, July 4, 2011

Mold remediation is usually a task that it easier in theory. There's much information that you must know to successfully get rid of the mold from your home. Black mold is not like some molds that are non-toxic and usually harmless. This mold could be the kind that's very toxic and dangerous for humans. Excessive expertise of this fungus could cause serious health issues as well as damages to your home. This is the reason complete removal is important.



Removing black mold is very important to be sure your family's safety as well as your house. You can look at to do it yourself using black mold removing products. If it is out of the question it yourself, it is possible to hire mold removal companies to get the work done for you instead. There are several black mold removal products available in the market especially designed for different areas and items affected, that may assist with your mold problems. Carefully selecting the product will help you eliminate molds and stop it from coming back.


In the event you refer to going it alone, without the help of an experienced remediation service, then there are two steps which are absolutely crucial to removing and preventing black mold infestations. The initial step, that ought to be undertaken before even considering removal, is eliminating the foundation reason for the mold. Mold grows in dark, damp areas, so that you need to find the reason why areas is unusually damp. This could be as easy as adding a little portable dehumidifier towards the affected regions, or fixing a leaking pipe. However, if the cause is dated plumbing, or the humidity is widespread you may have to look in terms of replacing a lot of your plumbing system or incorporating a dehumidifier into your HVAC system.

Following your cause may be removed, after this you have to worry about killing and detaching the mold itself. When it has settled into porous surface like wood or drywall, you are going to have to use proper mold removal products which will both kill and remove all traces of the mold. Be wary of products claiming being mold cleaning goods that specify, in small print, that they should simply be used on non-porous surfaces. These will only develop surfaces like glass or tile. They are going to also only kill surface mold on porous materials that could give you the false sense that the problem has gone away, when really, the perfect solution hasn't done much whatsoever, as the root of the mold is still lying in wait from the wood, drywall or any other porous material.

While black mold remover just isn't impossible, nevertheless it could be a daunting task to try. For this reason a lot of people get in touch with the pros in persistent cases. Occasionally, specifically larger homes and building where mold has truly taken hold, it might get cheaper to abandon the structure entire rather than spending just how long, money and energy necessary to remove all traces of black mold.

Black Mold Removal Products

Removal of mold can be a task that it easier in theory. There is much information that you must know to ensure that you remove the mold from your home. Black mold is not like some molds that are non-toxic and usually harmless. This mold would be the kind that's very toxic and dangerous for humans. Excessive expertise of this fungus can cause serious health issues as well as damages to your residence. For this reason complete removal is important.



Removing black mold is really important to ensure your family's safety along with your house. You can search to get it done yourself using black mold removing products. If it's impossible to do it yourself, it is possible to hire mold removal companies to achieve the work accomplished for you instead. There are lots of black mold removal products you can purchase especially made for different areas and items affected, which could assist with your mold problems. Carefully deciding on the product will allow you to eliminate molds and prevent it from returning.

mold-remover

In the event you require going it alone, without the assistance of an expert remediation service, you can also find two steps that are absolutely crucial to removing and preventing black mold infestations. The 1st step, which will be undertaken before even considering removal, is eliminating the main source of the mold. Mold grows in dark, damp areas, which means you must find the key reason why the area is unusually damp. This is as elementary as adding a smaller portable dehumidifier towards the affected areas, or fixing a leaking pipe. However, if the cause is dated plumbing, or the humidity is widespread you could have to visit as far as replacing a lot of your plumbing system or incorporating a dehumidifier in your HVAC system.

Following the cause continues to be removed, after this you need to panic about killing and taking out the mold itself. When it has settled into porous surface like wood or drywall, you are likely to have to use proper mold removal products that may both kill and remove all traces in the mold. Be wary of products claiming to be mold cleaning items that specify, in fine print, which they should just be used on non-porous surfaces. These will only work with surfaces like glass or tile. They'll also only kill surface mold on porous materials that can provide you with the false sense that the problem has gone away, when really, the answer hasn't done much at all, as the root of the mold is still lying in wait from the wood, drywall as well as other porous material.

While black mold removal is not impossible, nevertheless it can be a daunting task to attempt. This is the reason lots of people get in touch with the experts in persistent cases. Sometimes, specifically for larger homes and building where mold has truly taken hold, it could possibly often be cheaper to abandon the structure entire instead of spending how long, money and needed to remove all traces of black mold.

Appellate Division Rules Against Finch Landscaping, LLC

on Saturday, July 2, 2011

The New Jersey Appellate .Division, in Murnane v. Finch Landscaping, LLC, decided on July 1, 2011, that a home improvement contractor is subject to the Consumer Fraud Act even when the homeowner acts as the general contractor.


The issue presented by this appeal was whether a homeowner who contracts directly with a building contractor to perform a home improvement, without engaging the services of a general contractor, may assert a claim against that contractor under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and the Contractor's Registration Act, N.J.S.A. 56:8-136 to -152. The Appellate Division concluded that such a contract is a home improvement contract subject to the CFA, the Contractor's Registration Act and the Home Improvement Practices regulations adopted by the Division of Consumer Affairs to implement these statutory provisions. N.J.A.C. 13:45A-16.1 to -16.2. Therefore, the Court reversed the order of the trial court dismissing plaintiff's CFA claim and remanded the case for a new trial.  

View the Appellate Division's decision HERE.

Please feel free to contact us to learn about what the Court's decision means for you and how to avoid violations of the Consumer Fraud Act.