The New Jersey Appellate Division recently upheld an award of $105,000 by a Burlington County jury against a contractor hired to perform improvements on the Plaintiff’s home. in Carboni v. Massimo, BUR-L-0369-04, the jury found in favor of the Plaintiffs on a consumer fraud claim against a contractor they paid almost $35,000 to make improvements to their home. The jury found that the contractor had improperly used metal connectors, had inserted nails that were not engaged in the wood, had impermissibly cut prefabricated framing connectors and that he committed additional building code violations. Moreover, the contractor attempted to deceive the Plaintiffs by covering up the improper work with Sheetrock. The jury awarded the full amount of the damages, which was trebled by the trial court pursuant to the New Jersey Consumer Fraud Act. The Appellate Division rejected the Defendant’s argument that the Consumer Fraud Act did not apply because the Plaintiffs acted as their own general contractor and upheld the jury’s determination.
