The New Jersey Division of Consumer Affairs has filed an action against Tinton Falls resident Erich Niemann and his companies, Niemann General Contractor Builder LLC and Restore the Shore Contracting LLC, for allegedly working as an unregistered contractor, performing shoddy work, leaving home improvement jobs unfinished, and numerous other consumer protection violations.
In a six-count complaint filed in Monmouth County Superior Court, the Division alleges Niemann and his companies violated the Consumer Fraud Act, the Contractors’ Registration Act, the Contractor Registration Regulations, and the Home Improvement Regulations.
Niemann, who used more than half a dozen business names, specialized in basement renovations and the building of patios and decks. From September 2010 to March 2016, Niemann allegedly deceived, misled, and/or defrauded 17 consumers across New Jersey by, among other things, taking money for jobs that were poorly done or not completed.
The Complaint alleges that Niemann violated consumer protection laws through practices that include:
· Failing to provide consumers with home improvement contracts.
· Starting projects then abandoning them and not returning for weeks, months, or at all.
· Performing additional work or using materials not specified in the contract and then charging consumers for the additional costs.
· Doing shoddy work that consumers had to pay other contractors to correct.
· Stopping contracted-for home improvement work, then informing consumers that they would not resume until consumers had paid Niemann additional money.
· Threatening to place construction liens on the homes of consumers who did not pay additional money.
· Failing to perform work according to contract specifications, then demanding and receiving money for unperformed work.
· Giving consumers the “run around” as to why home improvement work could not start, or had stopped.
The Complaint against Niemann seeks consumer restitution, reimbursement of attorneys’ fees and costs, and civil penalties for each statutory and regulatory violation committed by Niemann and his companies. It also seeks to permanently enjoin Niemann from owning or operating a home improvement business in New Jersey.
Niemann also advertised under the following business names: Niemann Contracting, NJ Custom Finished Decks, NJ Custom Finished Basements, NJ Finished Basements, NJ Finished Basements & Decks, Basementsremodel.com, NJpatiopavers.com, and Custompatiodecks.com.
Investigators Joseph Iasso and Brittany Kieran in the Division of Consumer Affairs Office of Consumer Protection conducted the investigation of this matter.
Consumers who believe they have been cheated or scammed by a business, or suspect any other form of consumer abuse, can file an online complaint with the State Division of Consumer Affairs by visiting its website or by calling 1-800-242-5846 (toll free within New Jersey) or 973-504- 6200.