state of new jersey division of consumer ... filings...2016/12/22 · act, n.j.s.a. 56:8-136 et...

STATE OF NEW JERSEY DEPARTMENT OF LAW & PUBLIC SAFETY DIVISION OF CONSUMER AFFAIRS

IN THE MATTER OF AN INVESTIGATION BY THE NEW JERSEY DIVISION OF CONSUMER AFFAIRS

of

Burga Construction, LLC,

Respondent.

Administrative Action No. NOV 1500343

FILE DEC 222015

Division of Consumer Affairs

FINAL ORDER ON DEFAULT

This matter was opened by the New Jersey Division of Consumer Affairs, Office of

Consumer Protection ("Division"), as an investigation to ascertain whether violations of the

New Jersey Consumer Fraud Act, N.,J.S.A. 56:8-1 et seq. ("Consumer Fraud Act"), the

Contractors' Registration Act, N . .J.S.A. 56:8-136 et seq., the Regulations Governing

Contractor Registration, N . .J.A.C. 13:45A-17.1 et seq. ("Contractor Registration

Regulations"), and/or the Regulations Governing Home Improvement Practice, N.J.A.C.

13:45A-16.1 et seq. ("Home Improvement Regulations") have been or are being committed by

Burga Construction, LLC ("Respondent") (hereinafter referred to as the "Investigation"). That

Investigation disclosed that:

Respondent, with a main business address of 32 Bonnell Lane, Randolph, New Jersey

07869, was found to be in violation of the Consumer Fraud Act, Contractors' Registration

Act, the Contractor Registration Regulations, and Home Improvement Regulations.

Specifically, Respondent was found to have offered for sale home improvements, but failed to:

(1) provide to the consumer a copy of the certificate of insurance; (2) include in the contract the

required "Notice to Consumer"; (3) begin or complete all work outlined in the contract; and (4)

give timely written notice to the consumer for any delay. A search of the records maintained by

the Division revealed that Respondent was not registered as a home improvement contractor at

that time he contracted with Consumer

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The Consumer Fraud Act, N.J.S.A. 56:8-2, prohibits the act, use or employment by any

person of any unconscionable commercial practice in connection with the sale or advertisement

of merchandise, which includes the advertisement, offering and sale of home improvement

services.

The Contractors' Registration Act, N.J.S.A. 56:8-136 et seq., specifically N.J.S.A.

56:8-138(a) and the Contractor Registration Regulations, specifically, N.J.A.C. 13:45A-

17.3(a) provides that no person shall offer to perform, engage in and/or attempt to engage in the

sale or performance of "Home Improvement[s]" within the definition of the Contractors'

Registration Act, specifically, N.J.S.A. 56:8-137 and the Contractor Registration

Regulations, specifically, N.J.A.C. 13:45A-17.2, unless registered with the Division as a

Contractor. Moreover, the Contractors' Registration Act, specifically N.J.S.A. 56:8-151(a)2,

requires that a contractor provide with every home improvement contract a copy of the certificate

of general liability insurance. In addition, the Contractors' Registration Act, specifically,

N.J.S.A. 56:8-151b, provides that each home improvement contract shall contain a conspicuous

"Notice to Consumer" printed in at least 10-point bold-faced type.

Moreover, the Home Improvement Regulations, specifically, N.J.A.C. 13:45A-

16.2(a)(12)(iv), provides that the dates or time period on or within which work is to begin or be

completed must be in the home improvement contract.

Finally, the Home Improvement Regulations, specifically, N.J.A.C. 13:45A-

16.2(a)(7)(iii), provides that you must give timely written notice to the consumer of reasons

beyond Your control for any delay in performance, and when the work will begin or be

completed.

As such, pursuant to N.J.S.A. 56:8-3.1, the Director of the Division may: (1) order the

Respondent to cease and desist from engaging in unlawful activity, pursuant to N.J.S.A. 56:8-18;

(2) assess civil penalties against the Respondent, pursuant to N.J.S.A. 56:8-13; and (3) direct

Respondent to pay restitution, pursuant to N.J.S.A. 56:8-15.

A Notice of Violation and Offer of Settlement ("NOV") was served on Respondent on

October 23, 2015, by hand delivery, setting forth the findings of fact and conclusions of law

above. Attached to the NOV was the Certification of Division Investigator Jessica Lugo

("Investigator Lugo"), with accompanying exhibits and the Certification of the Assistant Deputy

of Registrations and Licensing of the Regulated Businesses and Charities Sections of the

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Division, Diana Petrella. Such information established the factual basis for the alleged violations.

Attached to this Final Order On Default ("Final Order") is a copy of an email from Investigator

Maureen Browne ("Investigator Browne") confirming hand-delivery, establishing that service of

the NOV was effected upon Respondent.

Respondent was offered the opportunity to be heard on these charges, as set forth in the

terms of the NOV. Respondent failed to reply within the fifteen (15) days as allowed by the terms

of the NOV and thus, the alleged violations are deemed uncontested and ttue.

1. Respondent shall cease and desist from engaging in any practices in violation of

the CF A, the Contractors' Registration Act, the Contractor Registration

Regulations, and Home Improvement Regulations.

2. Respondent shall pay the Division the sum of $4,800.00 as a civil penalty, and

$4,250.00 as consumer restitution, pursuant to N.J.S.A. 56:8-13. The amount due

and owing totals $9,050.00 and shall be made by a certified check, attorney trust

account check or other guaranteed funds made payable to the "New Jersey

Division of Consumer Affairs" and shall be delivered to the following address:

Attention: Supervisor Case Management Tracking Unit New Jersey Department of Law and Public Safety Division of Consumer Affairs 124 Halsey Street P.O. Box 45025 Newark, New Jersey 07101

3. Service of this Final Order will be deemed effective if sent by regular mail and

certified mail, return receipt requested, and regular mail to Respondent's last

known mailing address.

4. Payment shall be made within ten (10) days of issuance of this Final Order.

5. Failure to pay any civil penalties within the time allowed will result in the filing of

a Certificate of Debt.

6. Any subsequent violation of this Final Order may subject Respondent to

additional penalties of up to $25,000.00, pursuant to N . .J.S.A. 56:8-18.

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7. This Final Order constitutes a final agency action and shall be effective upon

filing and is a public document subject to the New Jersey Open Public Records

Act, N.J.S.A. 47:1A-1 et seq.

DIVISION OF CONSUMER AFFAIRS

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CERTIFICATION

Burga Construction, LLC

32 Bonnell Lane

Randolph, New Jersey 07869

I, Jessica Lugo, being of full age, do hereby certify as follows:

1. I am employed as an Investigator by the Office of the Attorney General, Division

of Consumer Affairs ("Division"), Office of Consumer Protection, 124 Halsey Street, Newark,

New Jersey 07101.

2. Among other things, I am responsible for filing administrative notices and

scheduling administrative matters and effectuating service of Notices of Violation.

3. On October 23, 2015, a Notice of Violation ("NOV") was hand delivered to Burga

Construction, LLC at 32 Bonnell Lane, Randolph, New Jersey 07869, with Anibal Alonso Burga

accepting service. A copy of the NOV along with a copy of the email from Investigator Browne

confirming hand-delivery is attached hereto as Exhibit A.

4. Certain of the documents in the above-referenced exhibit contain personal

identifying information. That information has been redacted.

5. All documents submitted with this Certification are true copies of the documents

in possession of the Division, with the above-referenced redactions.

I certify that the foregoing statements made by me are true. I am aware that if any of the

foregoing statements made by me are willfully false, I am subject to punishment.

Dated: December 17,2015

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EXHIBIT A (Notice of Violation and Confirmation of NOV Service)

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CHRIS CHRISTIE Governor

KIM GUADAGNO Lt. Governor

New jersey Office of the Attorney General Division of Consumer Affairs

Office of Consumer Protection 124 Halsey Street, 71h Floor, Newark NJ

October 23, 2015

JOHN J. HOFFMAN Acting Attorney General

STEVE C. LEE Acting Director

Mailing Address:

VIA HAND DELIVERY P.O. Box 45025

Newark, NJ 07101 (973) 504-6200

Burga Construction, LLC 32 Bonnell Lane Randolph, New Jersey 07869 Attn: Anibal Alonso Burga

NOTICE OF VIOLATION AND OFFER OF SETTLEMENT

Dear Anibal Alonso Burga:

The New Jersey Division of Consumer Affairs, Office of Consumer Protection ("Division") has conducted an investigation of Burga Construction, LLC ("You" or "Your") as a result of the complaint filed by Consumer ("Consumer") in connection with the Home Improvement Contract entered into with You on June 18, 2015 ("Investigation"). As set forth in the attached Certifications of Investigator Jessica Lugo and Diana Petrella, Assistant Deputy of Registrations and Licensing of the Regulated Businesses and Charities Section. You have been found to have operated as a "Contractor" or "Home Improvement Contractor" within the definitions of the Contractors' Registration Act, N.J.S.A. 56:8-136 et seq., and the Regulations Governing Contractor Registration, N .J .A. C. 13 :45A-17 .1 et seq. ("Contractor Registration Regulations") and to be in violation of one or more of the following: the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., ("CFA"), the Regulations Governing Home Improvement Practice, N.J.A.C. 13:45A-16.1 et seq. ("Home Improvement Regulations"), the Contractors' Registration Act, and the Contractor Registration Regulations. Specifically, You have:

1.

2.

NOV1500343

Offered to perform, engage and/ or attempted to engage in the sale or performance of "Home Improvement[s]" within the definition of the Contractors' Registration Act, specifically, N.J.S.A. 56:8-137 in New Jersey on a date on which You were not registered with the Division as a Contractor, in violation of the Contractor's Registration Act, specifically N.J.S.A. 56:8-138(a);

Failed to provide a copy of the certificate of commercial general liability insurance to the consumer, in violation of the Contractors' Registration Act, specifically, N.J.S.A. 56:8-151(a)(2);

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October 23, 2015 Page 2 of 12

3. Failed to include in the home improvement contract the "Notice to Consumer" in 10-point bold-face type, in violation of the Contractors' Registration Act, speciflcally, N.J.S.A. 56:8-15l(b);

4. Failed to begin or complete work on the date or within the time period specified in the home improvement contract, or as otherwise represented, in violation of the Home Improvement Regulations, specifically N.J.A.C. 13:45A-16.2(a)(7)(ii); and

5. Fatled to give timely written notice to the consumer of reasons beyond Your control for any delay in performance, and when the work will begin or be completed, in violation of the Home Improvement Regulations, specifically, N.J.A.C. 13:45A-16.2(a)(7)(lli).

These violations constitute violations of the CFA, subjecting You to civU penalties, pursuant to N.J.S.A. 56:8-13, consumer restitution pursuant to N,J,S.A. 56:8-15, as well as reimbursement of investigative costs and/or attorneys' fees, pursuant to N.J.S.A. 56:8-11 and 56:8-19.

Please note that if You fail to respond to this Notice of Violation ("Notice"), the Division may take action against Your Home Improvement Contractor registration, including any future application to register as a home improvement contractor, pursuant to N.J.S.A. 56:8-14lb(8), for failure to cooperate under N.J.A.C. 13:45A~ 17.8.

IF YOU DO NOT CONTEST THE VIOLATIONS ALLEGED and wish to avail Yourself of this opportunity to settle the Investigation, within fifteen (15) days from the date of this Notice, You should sign and return the enclosed Answering Certification and agree to the following:

1. Cease and desist from engaging in any practices in violation of the CFA, the Home Improvement Regulations the Contractors' Registration Act, and the Contractor Registration Regulations:

2. Pay consumer restitution in the amount of $4,250.00;

3. Pay a civfl penalty in the amount of$4,800.00; and

4. Submit to the Division a Home Improvement Contractor Application for Initial Registration C'HIC Registration Application").

If the above~referenced payment and HIC Registration Application are received by the Division, along with your signed Answering Certification. You need not do anything further.

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Octobet· 23, 2015 Page 3 of 12

IF YOU DO NOT CONTEST THE VIOLATIONS ALLEGED, but want to present information to Division representatives about any mitigating circumstances in Your case that may persuade the Division to reduce the civil penalty, You may request an informal Mitigation Conference. If You request a Mitigation Conference, the conference date is November 18, 2015 at 12:30 PM, at 124 Halsey Street, 7th Floor, Newark, New Jersey 07101. You may be accompanied by an attorney. Alternatively, you may send written documentation to the Division concerning any mitigating circumstances that You believe may persuade the Division to reduce the civil penalty. In order to elect either of these options, You must return the enclosed Answering Certification within fifteen (15) days from the date of this Notice. The Division will then review this material and respond to you.

IF YOU CONTEST THE VIOLATIONS ALLEGED,. and do not wish to settle the matter consistent with the terms set forth above, You may request a formal Administrative Hearing by returning the enclosed Answering Certification within fifteen (15) days from the date of this Notice. In that event, this letter will serve as notice of the violations against you. You should be aware that in making its final decision, the Division may, if violations ofthe above-referenced statutes and regulations have been proven, order civil penalties and remedies other than the settlement offer above. Specifically, You may be ordered to: pay civil penalties in an amount up to $10,000 for the first violation and up to $20,000 for the second violation and each subsequent violation pursuant to N.J.S.A. 56:8-13; pay consumer restitution pursuant to N.J.S.A. 56:8-15; and pay investigative costs and attorneys' fees to the Division, pursuant to N.J.S.A. 56:8·11 and 56:8-19.

Before a determination is made with regard to whether an Administrative Hearing will be conducted before the Director of the Division or referred to the Office of Administrative Law, a Pre-Hearing Conference will be held. If you request an Administrative Hearing, your Pre-Hearing Conference will be scheduled on November 18, 2015 at 12:30 PM, at 124 Halsey Street, 7th Floor, Newark, New Jersey 07101, with Investigator Jessica Lugo ("Investigator Lugo"), a representative of the Division. You may be accompanied by an attorney. Should you have any questions regarding this procedure, or seek an adjournment of this date, please contact Investigator Lugo, who may be· reached at (973) 504-6522. Your attendance at this Pre-Hearing Conference is mandatory. Any failure to appear without a satlsfactmy explanation may result in an order barring you from raising certain defenses at the Administrative Hearing, pursuant to N.J.A.C. 1:1-14.4. The purpose ofthis Pre-Hearing Conference is to discuss the issues in this mattet• and the defenses which You may wish to raise. You should be prepared to discuss the evidence You will propose to offer at the Administrative Hearing. It may be helpful if You bring to the Pre-Hearing Conference a copy of any documentation that suppolts your position. If the Division detennines that there are no material facts in dispute, You will have an opportunity to submit legal arguments and any documentation that may be relevant to the ultimate disposition of this matter. If there are material facts in dispute, an Administrative Hearing will be scheduled. During the Administrative Hearing, You, either personally or with the assistance of an attmney, will have an opportunity to respond to the alleged violations and submit evidence and present testimony as may be necessmy for the Division to malre a final determination.

N0¥1500343 New Jersey Is An Equal Opportunity Employer • Printed on Recycled Paper and Recyclable


IF YOU FAIL TO RESPOND to this Notice within fifteen (15) days of the date of this letter, the settlement offer will be withdrawn, and You will be deemed in default. The allegations against You will be deemed uncontested. Thereafter, this Notice and the underlying proofs may be reviewed by the Director of the Division, and a Final Decision and Order on Default ("Order .. ) will issue, and You may be ordered to: pay civil penalties in an amount up to $10,000 for the first violation and up to $20,000 for the second violation and each subsequent violation pursuant to N.J.S.A. 56:8·13; pay consumer restitution pursuant to N.J.S,A, 56:8~15; and pay investigative costs and attorneys' fees to the Division pursuant to N.J.S.A. 56:8·11 and 56:8-19. Once an Order has been entered, Your failure to pay any civll penalties, att01neys' fees, investigative costs and/ or restitution Within the time allowed will result in the filing of a Certificate of Debt. Any subsequent violation of an Order with a cease and desist provision may subject you to a penalty of up to $25,000 per violation pursuant to N .J .S.A. 56:8-18. Service of an Order will be deemed effective if sent by first-class mail and certified mall, return receipt requested, to your last known mailing address.

Should You have any questions, please contact Investigator Lugo at (973) 504· 6522.

fjOV1500343

New Jersey Division of Consumer Affairs Office of Consumer Protection

d;J ,;:7 / By: r!Jut~rtl1~

Gregol~ &~mer Assistaut''oeputy of Enforcement

New Jersey Is An Equal Opportunity employer , Printed on Recycled Paper and Recyclable

ANSWERING CERTIFICATION


I, , hereby acknowledge that I have read and reviewed the Notice, regarding alleged violations of the CFA, N.J.S.A. 56:8-1 et seq., the Home Improvement Regulations, N.J.A.C. 13:45A-16.1 et seq., the Contractors' Registration Act, N.J.S.A. 56:8-136 et seq., and the Contractor Registration Regulations, N.J.A,C, 13:45A-17.1 et seq.

PLEASE CHECK ONE OF THE OPTIONS BELOW:

(OPTION 1):

___ I DO NOT CONTEST THE VIOLATIONS ALLEGED and acknowledge the conduct that has been alleged and agree to:

1. Cease and desist from engaging in any practices in violation of the CFA, the Home Improvement Regulations the Contractors' Registration Act, and the Contracto1· Registration Regulations;

2. Pay consumer restitution in the amount of$4,250.00;

3. Pay a civil penalty in the amount of $4,800.00; and

4. Submit to the Division a Home Improvement Contractor Application for Initial Registration ("HIC Registration Application").

I understand, aclmowledge and agree that I shall:

1.

2.

3.

4.

5.

NOV1500343

Not offer to perform, engage and/ or attempt to engage in the business of making or selling "Home Improvement[s]" in New Jersey on a date on which I am not registered with the Division as a Contractor, in violation of the Contractors' Registration Act, specifically N.J.S.A. 56:8-138{a) and the Contractor Registration Regulations, specifically N.J.A.C. 13:45A-17 .3(a}:

Provide a copy of the certificate of commercial general liability insurance to the consume(, as required by the Contractors' Registration Act, specifically, N.J.S.A. 56:8-151(a)(2);

Include in the home improvement contract the "Notice to Consumer'' in 10-point bold~face type, as required by the Contractors' Registration Act, specifically, N.J.S.A. 56:8-15l(b);

Begin m· complete work on the date or within the time period specified in the home improvement contract, or as otherwise represented, as required by the Home Impl'Ovement Regulations, specifically N.J.A.C. 13:45A-16.2(a)(7)(ii); and

Give timely wl'ltten notice to the consumer of reasons beyond Your control for any delay in performance, and when the work wlll begin or be completed, as required by the Home Improvement Regulations, specifically, N.J.A.C. 13:45A-16.2(a}(7)(iii).



1 am also aware that the action taken against me by the Division herein is a matter of public record, and that the Division's Notice and this Answering Certification are public documents. I am enclosing herewith a cashier's check or money order in the sum of $9,050.00 made payable to the "New Jersey Division of Consumer Affail:s"; and my HIC Registration Application, which I am mailing or delivering to: New Jersey Department of Law and Public Safety, Division of Consumer Affairs, Office of Consumer Protection, 124 Halsey Street, P.O. Box 45025, Newark, New Jersey 07101, ATIN: Van Mallett.

Dated: ________________ _ By: ________________________ __

SIGN NAME

Name: --------------------------PRINT NAME

NOV1500343 New Jersey Is An Equal Opportunity Employer , Printed on Recycled Paper and Recyclable

(OPTION 2)


____ I DO NOT CONTEST THE VIOLATIONS ALLEGED and hereby waive any rights I may have to a hearing in this matter in order to defend myself against any alleged violations, BUT I ask the Division to consider mitigating circumstances in my case before rendering its final decision.

__ I request a Mitigation Conference to present information to Division representatives; I understand that the Mitigation Conference will be held on November 18, 2015 at 12:30 PM, at 124 Halsey Street, 7th Floor, Newark, New Jersey 07101.

~- I am submitting written documentation concerning mitigating circumstances; I understand that the Division will consider this material before rendering a final decision.

I understand that, if, after considering the mitigation evidence presented, the Division is not persuaded that any reduction in the amounts set forth above and in the Notice is warranted or that any of the other terms or conditions should be modified, the following te1ms may be ordered and I will be obligated to:

1. Cease and desist from engaging in any practices 1n violation of the CFA, the Home Improvement Regulations the Contractors' Registration Act, and the Contractor Registration Regulations;

2. Pay consumer restitution in the amount of $4,250.00;

3. Pay a civil penalty in the amount of $4,800.00; and

4. Submit to the Division a Home Improvement Contractor Application for Initial Registration ("HIC Registration Application").

I understand, aclmowledge and agree that I shall:

1.

2.

3.

4.

NOV1500343

Not offer to perform, engage and/or attempt to engage in the business of maldng or selling "Home Improvementlsi" in New Jersey on a date on which I am not registered with the Division as a Contractor, 1n violation of the Contractors' Registration Act, speclilcally N.J.S.A. 56:8-138(a) and the Contractor Registration Regulations, specifically N.J.A.C. 13:45A-17.3(a);

Provide a copy of the certlftcate of commercial general liability insurance to the consumer, as required by the Contractors' Registration Act, specifically, N .J .S.A. 56:8-151 (a) (2);

Include in the home improvement contract the "Notice to Consumer" in 10-point bold-face type, as required by the Contractors' Registration Act, speclftcally, N.J.S.A. 56:8-151(b);

Begin or complete work on the date or within the time peliod specified in the home improvement contract, or as otherwise represented, as requh·ect by the Home Improvement Regulations, specifically N.J.A.C. 13:45A-16.2(a)(7)(ii); and

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5. Give timely written notice to the consumer of reasons beyond Your control for any delay in performance, and when the work will begin or be completed, as required by the Home Improvement Regulations, specifically, N.J.A.C. 13:45A-16.2(a)(7)(ill)

If a modification in these terms is accepted by the Division, I will be notified of the amounts that I must pay. I am also aware that the action tal{en against me by the Division herein is a matter of public record, and that the Division's Notice and this Answering Certification are public documents. Failure to comply may subject me to further enforcement proceedings and any failure to mal{e a required payment will result in the filing of a Certificate of Debt. ·

Dated:---------By: ______________________ __

SIGN NAME

Name: ---------------------PRINT NAME

f'!OV1500313 New Jersey Is An Equal Oppottunlty employer • Printed on Recycled Paper and Recyclable

(OPTION 3)


___ l CONTEST THE VIOLATIONS ALLEGED and request a formal Administrative Hearing. I understand that I am required to attend a Pre~Headng Conference on November 18, 2015 at 12:30 PM, at 124 Halsey Street, 7th Floor, Newark, New Jersey 07101, at which the issues in this matter will be discussed. I will thereafter be advised of the time, date and place for the Administrative Hearing if a determination has been made that there are material facts in dispute. I am aware that I may be represented by an attol'ney and that at the time of the Administrative Hearing I may offer testimony, documentation and legal argument relevant to the alleged violations. I understand that in making a final decision, the Director of the Division may, if unlawful activity has been proven, assess civil penalties, attorneys' fees, investigative costs and restitution exceeding the settlement offer in this Notice, and may order such other remedies as deemed appropriate. I am also aware that this proceeding is a matter of public record and that the Notice and this Answering Certification are public documents.

Dated:---------By: ______________________ _

SIGN NAME

Name: ------------------------PRINT NAME

NOV15Q0343 New Jersey Is An Equal Opporlunlty Employer • Printed on Recycled Paper and Recyclable

Burga Construction, LLC 32 Bonnell Lane


INVESTIGATIVE CERTIFICATION

I, Jessica Lugo, being of full age, do hereby certify as follows:


1. I am employed as an Investigator by the Office of the Attorney General, Division of Consumer Affairs, Office of Consumet Protection ("Division"), located at 124 Halsey Street, Newark, New Jersey 07101, and have held that position at all times relevant to this Certification.

2. On August 12, 2015, the Division received a complaint and supporting documentation from a Consumer, ("Consumer"), who ffied a Complaint against Burga Construction, LLC, 32 Bonnell Lane, Randolph, New Jersey 07869 ("Burga Construction LLC").

3. Among other things, the Consumer provided the Division with copies of the home improvement contract as defined byN.J.S.A. 56:8-137 and N,J,A.C. 13:45A-17 .2 indicating proof of payment. (Copies of the home improvement contract and proof of payment are attached as Exhibit A).

4. A review of the home impmvement contract reveals that Burga Construction LLC offered to perform home improvement work, as defined by N.J.S.A. 56:8-137 and N.J.A.C. 13:45A-17.2, for the Consumer. See Exhibit A.

5. All personal identifYing information has been redacted from the documents submitted with this Certification.

6. The documents submitted with this Certification are true copies of the documents ih possession of the Division.

I cel'tify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated: (j~ d3 , 2015 Newark, New Jersey

\ \,

NQYJ600343 New Jersey Is An Equal Opportunity Employer • Printed on Recycled Paper and Recyclable

Burga Construction, LLC 32 Bonnell Lane


INVESTIGATIVE CERTIFICATION

October 23. 2015 Page 11 of 12

I, Diana Petrella, being of full age, do hereby certify as follows:

1. I am employed as the Assistant Deputy of Registrations and Licensing of the Regulated Businesses and Charities Sections by the Office of the Attorney General, Division of Consumer Affairs, Office of Consumer Protection ("Division"), located at 124 Halsey Street, Newark, New Jersey 07101, and have held this position at all time{? I'elevant to this certification.

2. I have reviewed the records of the Division, which indicate that Burga Construction, LLC, Anibal Alonso Burga, 32 Bonnell Lane, Randolph, New Jersey 07869, has never been registered with the Division as a Home Improvement Contractor.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated:

NOV150034~

• 2015 Newark, New Jersey

~ ~- - \~ ~-~ ~'-"'- ·-· I . ... ~ '

DIANA PETRELLA

New Jersey Is An Equal Opporlunity Employer • Printed on Recycled Paper and Recyclable

NOV15Q0343

EXHIBIT A (Home Improvement Contract and Proof of Payment)



,.

New jersey Office of the Attomey General OMslon of CoMumer Aft'alm

CONSU~~FIC~ OF .. R P:WTECl!ON

I 7 6 8 5 9 AUG 11 tn

P.O. Box45025 Newark. New .kney 01101

(913) 504-6200 (600~42-6848

E--Mail: AskCon$Urnel'Aft'aJrs@lp&sbrte. nj.us

COMJ'l,.AJNT ~ A.OMMm

(eJI

I. Nature of complaint (pltase check the approprhlte box(es)):

[] Automotive 0 A.Ut(mtotive 'Repain 0 Banking

OCharity 0 Direct Maii/Swceps~Ue$ '1J Home Repair

(] Professional Service 0 Stotks/Sewrities 0 Telemarketing

0 BingofRafHe 0 Health Club 0 Warranty

0 Wheelcbalr LerlJQn Law 0 Wcig.bingMeasurin& Del'lces D Used car Lemon Law

0 Furniture 0 Other (specify)

2. lf your ~plaint illvolves a motor vehicle, pi~ providt: the: followiil8 information:

a. 0 New 0 Used

b. 0 Purcha$cd 0 Leased

c. Purchase Price -------- Cttl'l'ent Mileage--------

0 Credit Card

0 Internet/Cyberspace

0 Teleconununications

0 Advertising

0 New car l..en'K'»:l 1.,a, w

d. I>at.cof~.~------ CJ With Warranty 0 With Service Contmct OAsis

e. Make-----~--- Model~--------~- Yeat ----

3. Name(){ ~Y you dealt w1tb:--..~13oc::..wr.~yr:tJ.....::L-(},~n....:.:S~~!...-....!kC~ft...;.....:..::.trr'>:._:__l-LC_~:=::.._---~

....

..

. , I

· ..

'. . : ..

' .

' . . - .

fri~J ~ d· v Ofl l;()e h vvf '?'y~+ I? M vJ" JJ h.o+- c..cce-r+ p&f7 .

5. Describe the facts of your complaint in the oJder in wbich they bappened."type or print clearly. Use additional sheets of paper,

if necessary. Attadl readable copies (No OIIJGINALS) of any eomplaJnt..related eootram. bOis, receipts, canc:eDed dlecks,

oon-espondeace or 8DJ ouaer OOcllll1fnfs you feel are n!la,_ to your tompla.lnt.

6. ----- . Please provide a breakdown of these losses:

I certify that the foregoing statements made by rne axe ttue. I am aware that if any of the foregoing statements made by me an:

t. I authorize the New Jersey Division of Consumer Affairs to send this complaint

to use the information in any way that is necessary? J / ,.- <( &?_I::>

----+-+-~~~~~~~~--~~-+--------- •

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8124111

..

1 of I

Subject Kroll- alonso burga

Steve-

Thanks for taking my call this morning.

Here are the particulars:

https://mail.anl.com/webmail-std/en.-vs/!iuite

On the recommendation of a couple (friends of my daughter), I contracted Alonso Burga to have the top of my deck rebuilt with a new surface. The underneath would be maintained. Via fax, 1 wiU send you a copy of the contract which says the work would be done betWeen June 20-27. I gave him a deposit of $4800 tQ purchase the materials). and he noted that on the contract on 6/18/15. His crew came and removed the top of the deck. They d;scovered that additional support was needed and he &aid ha W()Uid absorb $500 of the $1000 support repair (I was OK with that). We also identified a few random repair jobs around the property as this was going on--re-ooncrete the gap around the pool between the blue stone and the coping; re--concrete the stones on the top of the front steps (both done beautifully); support a post and replace two pieces of fence which has been damaged when a neighbor's tree went down during Hurricane Sandy; and solidify footing of afbor in back of property. They did the arbor. I pakl on 6126/15 $750 for the $500 of additional support to the deck and odd jobs.

For almost a month now I have been diligently moving cars out of the driveway each morning expecting them to oome back. Repeated texts have given dead air or many excuses-weather, lumber yard ordering the wrong size, not have a vehicle to bring the lumber, et al. I have all my texts going back to 6/30. Then two weeks ago my daughter got involved, contacted him under the ruse that she was a prospective customer so he called back. She has been badgering him via text and phone as well. He keeps asking for a few days, next week etc. She even told him she has an injury (whlch Is true) when she tried to get my lawnmower out of the·garage and his tools tumbled off a pile and feU on her foot. I also have all her texts but no Idea how to retrieve all for you.

Two days ago I called Allied Building Products, which he referenced, and they have no reCQrd of an order under his name. l spoke yesterday to a Glen Ridge police officer who took all info but basical1y said since I have a contract it ts more of a civil legal issue, hence my call to you.

Fax coming shortly (10 pages including all texts).

8/6/2015 8:17PM

Uc L(W1evt-h

Ve faJ,'J ~

Kro ( ( vs. J?\-tJ~

Agreern~ ~n: & Burga Construction LLC. Contractor Ccntla<lt Type; R•ldantial Projeet #

Contract Agreement Date:

SElWEEN the owner.

and the Contractor:

June I~ 2015

Burga Construction LLC DBA Mahogany Wood Floors Contact: Anibal Alonso Burga 32 Bonnen Lane Randolph, NJ 07869 Tel; 973-908-4506 Fax: 973-.324-2755 amburga 13@gmaiU;Qm

·Deck remodel of house located

Page 1 of2

for the following Project :- . . ~eplace old wood decklng pos

some repait'8 of random things in back yard. AU work as specified below.

The Owner and Contractor agree as follows:

CONTRACT OF WORK

PREPARATION:

All areas not to be worked on will be proteeted and maintained in a neat manner. AU old decking boards will be taken out from deck frame. Only deck frame will ret'mlln. Some repairs are anticipated, such as repairing 4 deck footers. We will check for any possible problems and make necessary repairs acc::ordingly. If any unforeseen problems are encountered and their repairs are more than $500 (labor & materials), the budget will have to be revisited to make adjuatmerns. AU debris from demolition will be taken out of premises by contractor.

DECKING INSTALLATION:

All materials will be supplled by Burga Construction L:LC, and its included in total price of project. New decking material is a compo$1te TimberTech product: E:arthwood Evolutions .. legacy Collection (Mocha). The new decking will be installed in the same design as preceding deck. Contractor will build three benches, that will be wrapped in same new decking material, · and will permanently attach them to the deck structure.

OTHER ITEMS: Page2 of2

REPAIRS:

1. Fence Hinge 2. Two fence panels 3. Caulking around pool 4. Back wood arch

CLEANING OrganiZe and dean up during and after every workday. No garbage will be left on site.

MATERIALS Contractor will supply all materials.

TIMEFRAME

~xlble. Work will begin With demolition and preparation for new decking on June 2oth, 2015. All work will be completed by June 27, 2015. This timeframe shall be time of the essence.

CONTRACT SUM AND PAYMENT SCHEDULE

The price for all labor and material is $7,345, which is inclusive of any tax. Burga Construction LLC will be responsible for any equipment and disposable materials.

The First deposit Will be of $4,800, which shall be due upon signing this contract. $4,000 will go to acquiring new decking materials, and $800 to begin work. $1 ,200·shall be due when actual decking installation begins, and a finbn vgal payment of $1,345 will be due when all work is finished and Inspected by both owner and contractor.

The Owner accepts the Proposai/C~ct as $fated above and authorizes the Contractor to commence work. Both the Contractor and Owner hereby signify their agreement to all terms, conditions and specification stated in the above Proposal/Contract by the signatures affixed below:

laurf& Kroll

JURISDICTION • New Jersey

PoMJ f i)e~t c9} i lf~~Qt>

Ani Bu~

8urga Con8lnlction, l.lC

o'/IV{117. ~

, Ve rizon M ssages

Conversation Details

_____£ 11l.t'?Jf.r- ~,rA) -Sounds good. l'D caD yo~~ rooming to let you knOW Whfm we wiD $tart. Ami l'U have the

contract ready so we can sign and I wiD order our projecrs materials. . 00/15. 7:00 PM

Me: Just was thinking, the grey we were looking at was the exact same text\Jre as the brown

Me: So same price

it was the same. material jus~ different color

.. If I pay it cash I can save the 7% but that's aU for that design

Me: Could I caU

06/15. 9:44PM

00115, 9:47 PM

06/15, 9:48PM

06115, 9:49PM

. ::. . 06/16, 12.37 PM

Hi laurie, $4800 is what's needed .lthat covers aH the materials @$4000and $800 to start hd get read for decking .

06116. 3:36PM

06116. 3:41PM

Hello, do you think you will have the depostt by torrorrow? So I can schedule time in my day

oe1n. e·m PM Me: Funds are to hit mJ acct sometime tomorrow. I wonl know until then if l can stop at bank to get cash Lauria KroU

06/17, 6:02PM Let me know

06117. 6:26PM Me: Hope to get cash around 3 at bank. Have appt 4 to 6 jo cedar grove and 7 to 9 in Montctair. How can we 'connect?

06/18, 11~14 AM

-

kay, I wiD be avanable after 4 pm.; Maybe you can leave the rroney in ur mailbox or · sorre back by the deck •• And I WID teave the contract there as weU. ??

06118, 12.07 PM Me: wm l:)ack home for short tim& with money around 630, can leave under grid

• 06f16. 12:22 PM

That's goodl Let's do that 06/18. 12:41 PM

7123flotS 12:35 Pl.

(1033) \mwn Messages

Me: Ok

06118, 12'42 PM

06/16, 3:01 PM

Me: Would feel more comfortable giving cash to you and getting a receipt. Could we rreet at ITtJ house at 630 or at a church I wiD be at in Montclair 7 onward.

Me: Got It

at your house workS for me

RJ)mingl My guys wlU.be arriving shortly and l w1D be there In 30 O"in.

06/18. '3:01 PM

06/18, 3:04 PM

06118. 3;0$ PM

06120, 8:00AM

Me: Hi. Happy fathers day to puppl's dad. could you please rerrind your guys to close gate when they leave this week. .• Rabllity Issues wlth pool. Thanks

06121. 2:42 PM

you ! WiD dol 06121, 11:31 PM

Me: Noticed you did some concrete repair on bluestone around pool. Want to do some on front steps .I was going to do it next week.

06/22. 7:21 PM

Okay, I can definitely take a look early in the morning and give you a can .. Is that okay?

Me: Sure. Phone on rrost of day, sitting at school on last day

Me:Ok

Hi I'm going to caD you at 2

Me: Can before if needed

013122. 7:24PM

06122. 7:25 PM

00/23, 12:41 PM

00/23, 12'41 PM

------ 06123, 12~41 PM _......-u laurie, I have the guys·flni$hlng up the structure of the deck now •• Is there a way you could give them the $650 we agteQd on ? I know H's a ftttfe Jate but If you could do that, it would be great! Thanks

Mo: Will run to bank but may not be able to get that O"'JCh cash

Thank. you

06126, 3:49 PM

06126, 3:50 PM

08/26, 3:51 PM

?123120lS 12;3S PI

(1033) ~ Messa&eS

Me: Got it

Me: Are we on this rooming?

Mt: Great

• Yes, yesterday we finished preparing.

00!26, 4:11 PM

00f26. 4.14 PM

OG/27, 9:25AM

06128. 12:51 PM

06/:!8, 12:52 PM

06128, 12:52 PM

Good rooming Laurie! We will be coming torrorrow to lnstaU, rmterialls ready for us!

Me: Thought you were coming lll)nd@y

an day on grove st. Montclair ... if you need me. cau or text Laurie KroU

Me~ How•s It going? Stuck at. work with, phone company.

06!29. 9:24 AM

00129. 9:28 AM

00130, 9:28AM

06/30. 9:31AM

06/30. 2:45PM

• t so good, .. The supplier (Allied Building Products}, d1d not bring me the right length of l • . . ... ·~ .,. . . .. , m lOnger so I have full length board& running acr0$8 the frame. They are going to let me

know by later this afternoon what day this week thGy wiU deUver right size. l'm very sony for the delay. :/ but I am on it and we win get it wrap up in the next few days l promise.

Me: 01<

Me: Just curious if we wiH see the guys today

06/30, 3:07 PM

OS/30, 3:07 PM

07/02. 9:24 AM

Hi Laurier I'm going to be In toUCh with you later today to teD you when we are going to be Happy 4thl

Me: Great

Me: Try to can befo~ 4 or after 5, thanks

Me: Could you can me at 10 am thursday

07107, 11:07 AM

07/07, 11:13 AM

07/07, 2:16PM

7/230..01S 12:35 PI

:to33) \\mzon Messages

Me: Free now until 11

d

Me: Rest of day

Me: Free to take your call

https:/lweb.vma.vzw.comlvmalweb2/Message.c1o'ts=uua t:or /OWIU4a':NN

~ 07109, 9:09AM

07/09. 1:49PM

07(09. 2:03 PM

07/10, 8:17AM

7123n.OtS 12:35 p: . . '

:t018) \bimn Messa&eS

Verizon Messag s

Conversation Details

.fo_.m \; ~ J1$D

(~~)

07/16. 3:18PM

Me: You said you already had the materials .-I • :

Me:Ok

07116, 3;23 PM

es 1 do, bUt It's a krt of matetials, very heavy and over 16feet long •• I need a trailer truck to ry. That's Why

07116. :.t27 PM

- 07116. 3:28PM ~nzo please confirm the date this week you are coming to do laurie knolls deck. Thursday ~ld have an aMwer Friday. lfs Monday, 3 days latel We need answers

Alonzo. It is close of business Monday. We need an anawer

let you kno totmrrow

Me: All work should be started toTrOrrow. We hav& not been able to use our property for weeks. L8Urie Kroll

07120. 9.54 AM

Oi/20. 6:08 PM

omo. 8:53PM

07120. 9: 1 3 PM It is now atroost ctose of business Tuesday. You have half an hour to give us an answer. You

us a start date to finish the deck this week. lf no answer is received by 5;30 TODAY a report wilt be filed wtth the ponce department and attorney retained for fraud and damages.

07/21, 4:34PM

have cleared next Thursday and Friday for you. I can only go back then, i don't think it wiU .. .. .. ""' .. -. ... ... r

07/21, 5:53PM 'That puts us into alrrmt August. That Is unacceptable . It needs to be done this week.

07121. 6;00 PM l don't care what you have to do. Get a truck. drive it yourself, pay your staff overtime. This

no way to do buslness. 07/21, 6:01 PM

~You saJd on ThUISday Jt woukl be delvered and cofll)leted early this week. Torrorrow Is

07/21. 6:02 PM it Is not done this week. you be be sued

07/21, 6:03PM

7/2312015 12:36 P

(I 0 18) 'krizon Messages bttps:l/web.Vfl'.I8.V1Rt.Com'vma/web~.do?s=DDlCnr7bwR34a99N

Alonzo thi$ needs to be started todayUIUIUUlfl 07/22, 8:&4 AM ~

I don't care what you have to do 07/22, 8:55AM

07122, 8:55AM

the name of the lumber yard where you bought the materials 07122. 11:08 AM

71231201S 12:36 Pl-

on patrol 1. Officer Uliano was dispatched to 1he above location on a report of a fraud. Upon arrival, I met by Mrs. . advised me that she signed a contract on June 18, 2015 with

Cons1ructlon in reference to repairing a rear deck, but they have failed to complete the work. Mrs. went on to eXplain that she provided Mr. Burga with a deposit of $4800.00 and paid an additional

for misceffane.ous material anc.t minor repairs. ~lso informed me that she last spoke to Mr. Burga on July 7, 2015 and was advtsed by him that he would get back to her with a new completion

However, he has failed to provide one. I actvfsed lhat she should also contact an attorney she·has a signed contract.

Gl n Ridge f!QiiC Department 3 Hennan streQt, Glen Ridge, NJ 07028

Phone: 973-748-6400 Fax: 973-748-2598 Mun. Code: 0708 Sypplementallnve tigation Rtmort

5 at 1100 hours, I left a voicemail message for Ms. Kroll regarding this case. n 814/15 at 1500 hours, I spoke with Ms. Kroll, who advised me that she has still not heard back from the

1 ....... ·~• .............. r, Mr. Anlbal Burga, however he goes by Afonso. She stated that he has continued to avoid her and texts. She went on to state that only a small portion of the work was completed, specifically the flooring removed and a ~w supportive beams added. Ms. Kroll stated that because of this, she can

even walk out her rear door or use her deck. She also stated that Mr. Burga left several tools in her .,.,.r,,.,..,, Including a power saw and bags of concrete. She advised me that she has since spoken to an .tomey, who mailed a certified letter to Burga Construction requesting the work be done, or face legal

c1 mo Slas PrRs

Gl n Ridge Pollc Department I">) 3 Herman Streeft Gfan Ridge, NJ 07028

Phone: 973-748-6400 Fax: 973--748-2596 Mun. Code: 0708 Bupplet'!'&Dtll Investigation Repcu1

may be a civil action, however she wanted to advise the police department the progress up until this point. 1 attempted to call Burga Construction several times. however was unsuccessfUl. I was also unable to leave a message due to the volcemall box being full. I advised Ms. Kroll that If she wanted to press charges against Burgs Construction for breaking thelr contract. that she should consult her attorney and respond to the Glen Ridge Municipal Court. Ms. Kroll was satisfied ~ this time and stated that she would most likely take legal action against the contractor.

This case will remain open/inactive at this time.

MONTCLAIR LAW ASSOCIATES Stephen M. Aspero, Esq.

Licensed New Jersey Attorney and Counselor at Law Tel; lOI-452-3303

Tttm!Xl@lY MsiJina Mt.p; 2020 Walnut Street .. Unk 27K Philadelphia, Pen~ 19103

~!0~ New.Jn~Y New' Yolk U $. C<u\OC~ ~Cit US.~ CuaUlill of N.l

Via Certified Mail & Hnudl Burga Construction LLC dlb/a/ Mahogany Wood Floors 32 Bonnell lane Randolph. New Jersey 07869

Fa'i: 97J.,S25-l6S9 (el aspc:[email protected]

Attn: Anabal Alonzo Burga. Principal

li.OTICE OFDEFA ULT

Re: Agreement between Burga Construction LLC and . rolled June )8. 2015

Dear Mr. Burga:

July 24.2015

~~ f'llefRa'tieW~~~Itii!Q's

'AV~

This office represents Ms. in conneetion with the referenced remodeling contract (the ~A~ment~ nor deck in the rear t I ll\ I 'II 'I~

of residence a I

We call your attention to the paragraph in the Agreement that you prepared set forth on page 2 entitled .. TIMEFRAME., that concerns the timing of the completion of your full perfonnance of the Agreement and which contains the following eS$CntiaJ promise by you:

"fa) II work will be completed by June 27. 201$ . .. [t}hi.t linreframe shall be lime o(lhe mgace."'

We have been advised that while the remodeling work commenced prior to June 27m, despite n:peated demands by my client that you return to the property and finish the work.,

Burga Construction LLC dlb/al Mah9gany Wood Floors 32 Bonnell Lane Randolph. New Jersey 07869 Attn: Anibal Alonzo Burga. Principal

July 24. 2015

We have been advised that while the remode_ling work commenced prior to June 27u., despite repeated demands by my client that you return to the property and finish the work. and despite her having paid you $4,800.00 in advance toward the $7,345.00 total pricet you disappeared and failed to complete the work by the June 271h time-of-the-essence deadline having left a dangerous condition· in the rear of the house with the old deck planking removed leaving exposed .. stringers" that are a hazard and that prevent the use of the large deck area (copies of deck-area pictures attached).

It is now nearly a month after the time-of-essence deadline and you have still failed to complete the Agreement as promised.

Accordingly, and on account of the foregoing, this constitutes formal NOTICE OF DEFAULT under the Agreement to you and Burga Construction LLC on account the above recited event of default.

If you fail to return to the propeny and fully complete and finish the deck work in accordance with the terms of the Agreement by the close of business. 5PM, Friday. July 31. 2015. you may anticipate that you will be on the receiving end of a lawsuit by Ms. Kroll that will seek all contract damages available to l. at law and in equity. including without limitation. treble damages under the New Jersey Consumer Fraud law.

Please be guided accordingly.

SMA/bms cc: cli~nt

Very truly yours.

2

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Jessica Lugo

From: Sent: To: Cc: Subject:

Maureen Browne Friday/ October 231 2015 3:48 PM Jessica Lugo Joseph lasso NOV delivery

Just delivered Burga. He was outside in front of his house raking leaves. FYI He says he is registered.

1

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