New Jersey has some of the strictest consumer protections in the country, particularly concerning work performed on residential properties. All home improvement contracts for a price more than $500.00 must be in writing, as well as all subsequent change orders. See N.J.S.A. 13:45A. The contract must contain certain information such as: Your registration number, a copy of your insurance policy, a start and end date, and the Department of Consumer Affairs’ telephone number—to just name a few. See generally N.J.S.A. 56:8-144; N.J.S.A. 56:8-151; N.J.S.A. 56:8-142(d); N.J.A.C. 13:45A-16.2(a)(12). While these omissions may seem small or even meaningless, your failure to comply with these requirements will cause you to be in violation of New Jersey’s Home Improvement Practices Act (“HIPA”), N.J.A.C. 13:45A-16.1 to -16.2. A violation of HIPA regulations constitutes unlawful conduct in violation of the CFA. See e.g., Perez v. Professionally Green, LLC, 215 N.J. 388, 400 (2013) (noting omission of required start and end dates in contract in contravention of N.J.A.C. 13:45A-16.2(a)(12) was technical violation of CFA); Huston v. Lieber, 2015 N.J. Super. Unpub. LEXIS 866, at *7 (N.J. Super. Ct. App. Div. Apr. 17, 2015) (finding violation and unlawful conduct where contract not signed, registration number not included, copy of certificate of commercial general liability insurance not appended to contract, and contract failed to include cancellation provisions).The CFA provides for the recovery of ascertainable losses, treble damages, attorney’s fees, and costs. As such, the threat of

Practices Required By The Home Improvement RegulationsGenerally, a home improvement contractor must obtain all necessary permits prior to commencing work, secure final inspection certificates before demanding final payment and ensure that all agreements for improvements in excess of $500.00 be in writing as well as any changes in the terms and conditions of such contracts. N.J.A.C. § 13:45A-16.2(a). More importantly, the regulations require that contracts must be signed by all parties to the contract, not just the customer or contractor, and detail the parties’ obligations and rights under the contract.

The defendants counterclaimed for treble damages and attorneys’ fees under the Consumer Fraud Act (N.J.S.A. 56:8-1 to 116). The court concluded that the contractor’s failure to secure a written agreement for extras totaling $32,994 violated N.J.A.C. 13:45A-16.2(a)(12), which requires all home improvement contracts exceeding $500 to be memorialized by a writing signed by the parties, specifying the work to be performed and the materials to be used, and identifying the start and end date. The contractor argued that the following language, included within the underlying agreement for landscaping purposes, authorized verbal change orders: Any alteration or deviation from the description of the work listed above will be executed upon a written change order issued by the contractor and signed by the owner.