South Jersey Pool Installer Must Pay Up For Unfinished Work: Attorney General

An Atlantic County-based installer of in-ground pools has been ordered to pay $2.6 million in civil penalties, consumer restitution and other costs after the Division of Consumer Affairs proved in court that the defendants committed 229 violations of the state’s consumer protection laws and regulations, the Attorney General’s Office said Tuesday morning.

Hammonton-based Waterworld Fiber Glass Pools, Inc. and its Vice President, Donald Tallman have been found guilty of failing to complete work and not fixing its own substandard work and refunding customers, among other charges.

The court found that the defendants violated the state’s Consumer Fraud Act, the Contractors’ Registration Act and related regulations.

The violations constituted unconscionable commercial practices, deception and false promises, and/or misrepresentations.

They now owe 15 customers a collective $277,550 in restitution, under terms of the Final Order on Default issued by Superior Court Judge Mark Sandson. They also owe $2.3 million in civil penalties payable to the state, plus reimbursement of the State’s costs and fees.

Tallman has also been permanently barred from working in the state’s home improvement industry.

Waterworld’s Certificate of Formation has been permanently cancelled.

“Some consumers were left with enormous holes that had been dug in their backyards after the defendants failed to complete contracted-for work,” Acting Attorney General John J. Hoffman said. “In light of this judgment, we will do everything in our power to obtain the court-ordered restitution to make these consumers whole again.”

“After hiring Waterworld Fiber Glass Pools, consumers were subjected to substandard and unacceptable work, when work was completed at all. Pool liners that should have lasted years, instead developed cracks within weeks and electrical systems failed code inspections because of improper installation,” Steve Lee, Acting Director of the New Jersey Division of Consumer Affairs, said.

The Attorney General’s Office provided the following tips for customers hiring a home improvement contractor:

• Learn about any contractor before deciding to hire them. It is ideal to work with a contractor who is recommended by people you know. It also is advisable to ask the contractor for references and speak with those references about the contractor’s work.
• Contact the Division of Consumer Affairs to learn if the contractor is duly registered to perform home improvement work in New Jersey, and learn whether the contractor has been the subject of consumer complaints and/or legal action by the Division. You can call the Division at1-800-242-5846 or use the Division’s website, NJConsumerAffairs.gov.
• Before hiring the contractor, demand a copy of the contractor’s liability insurance policy and contact the insurer to learn whether the policy is valid.
• Obtain a written contract. Contracts for home improvement projects costing $500 or more must be in writing. They must include the legal name, business address, and registration number of the contractor as well as a start date, completion date, description of the work to be done, and the total price.
• Make sure all warranties and guarantees are in writing, and that the contract states the name brands or quality/grades of the materials to be used.
• Ensure that all applicable construction permits are obtained by the contractor, from the appropriate municipality.
• Remember that it is customary not to pay for the entire project in advance.

Additional tips can be found in the Division’s Consumer Brief on “Hiring Home Improvement Contractors,” by clicking here.

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.