PROTECTING YOUR HOME IMPROVEMENT INVESTMENT

Choosing the right contractor is key to protecting the substantial investment homeowners make in their homes. There are many reputable contractors. However, too
often homeowners end up paying for jobs that are never finished on time or are not done right. Worse yet, some unscrupulous contractors “take the money and run.”

The good news for homeowners is that New Jersey has one of the strongest consumer protection laws in the country. The Consumer Fraud Act (CFA) imposes stringent requirements on contractors. Among various other requirements, the law requires:

• A contract state either the start and end date or the time period in which to complete the work;
• Any extensions to complete work be agreed to in a signed writing by the homeowner;
• The contract prominently display a three-day “Notice of Cancellation;”
• Building permits be obtained;
• All work changes and substitutions of materials be in writing;
• Proof of insurance be provided; and
• Full payment cannot be demanded before a job is complete and passes inspection.

If the contractor violates any of the above, it has violated the Consumer Fraud Act. Aggrieved homeowners can recover three times the money they lost and legal fees.

If you have been a victim of consumer fraud, contact a private attorney or the Division of Consumer Affairs at (800) 242-5846 to learn how you can enforce your rights.

Lavinia Mears, Esq., is an attorney who practices in Linden. Her firm represents consumers and assists contractors in complying with consumer laws. For a free
initial phone consultation, contact the Mears Law Firm at 908-486-3181.

THE CHILD SUBJECTED TO BULLYING NOW HAS A VOICE

“Boys will be boys” has traditionally defined how schools have dealt with nonstop teasing and bullying by one student or groups of students on another. Children who are perceived as weak or different are easily picked on and harassed by others with the potential for serious psychological and social consequences. How many parents who have complained about a bully on the school bus or during recess have been subjected to the well-meaning but misguided administrator or teacher’s comment that “your child needs to learn to manage the situation,” or “your child is a bit sensitive, she needs to toughen up a bit.” Perhaps both the offending student and the victim are brought into the principal’s office to be scolded and told to “cut it out,” only to have the behaviors continue.

Legal precedent had made it difficult to pursue claims involving harassment in schools, even where emotional and educational impact could be shown. Recently, however, the New Jersey courts have considered the standards of proof necessary in a peer on peer harassment case and found the school district accountable for failing to take action in the face of chronic and severe bullying. The particular case involved teasing and bullying based on perceived sexual orientation of the student who
was victimized.

The court found that where harassment by peers is repeated and would be generally considered sufficiently severe or pervasive so as to create an intimidating, hostile or offensive environment a claim could be brought under New Jersey’s Law Against Discrimination (LAD). This is the first time the Court has ever addressed a school harassment claim in the context of this law, which generally has been confined to discrimination and hostile environment claims in an employment setting.

The most important aspect of the court’s analysis was that schools can no longer “blame the victim.” Rather, the schools have an affirmative obligation to detect and take action to prevent harassment. Appropriate discipline must be imposed. Parents whose children are the victims of abuse must see to it that it is the bully who must be removed from the classroom/recess/situation and not the other way around.

Shelley L. Stangler has been practicing law for 24 years. She maintains her law practice in Springfield, representing clients in education and special education matters, personal injury, medical malpractice, defective products, work-related injuries, and all accident related litigation. For more information or to contact us, visit www.stanglerlaw.com.

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