Court Issues Order Against Dutchess County Home Improvement Company

Attorney General Spitzer today announced that his office has obtained a court order against a Dutchess County home improvement contractor who preyed upon immigrant workers and vulnerable consumers.

Dutchess County State Supreme Court Acting Justice Thomas J. Dolan issued an order against R.E.M. Builders and its owner Robert E. Muscat banning the company and its owner from the home improvement industry unless a $50,000 performance bond is posted.

In addition, Justice Dolan issued a money judgment against Muscat for over $50,000, including $17,700 in back wages to workers, over $21,000 in consumer refunds, and $11,500 in civil penalties and costs.

"Unscrupulous home improvement contractors that prey upon vulnerable consumers and exploit workers will not be tolerated by my office," Spitzer said.

In a lawsuit filed last month, Spitzer alleged that the home improvement contractor defrauded consumers by failing to do or complete home improvement projects for which they had paid and for failing to pay wages to workers, in particular, day laborers who speak little or no English.

According to legal papers, since at least 2002, R.E.M. Builders has repeatedly failed to pay wages promised to workers who speak little or no English. When workers confronted Muscat about the unpaid wages, he threatened to report them to federal immigration authorities and to harm them physically.

In addition, Muscat falsely told customers that R.E.M. Builders was "fully insured" even though it had no workers compensation insurance for its undocumented workers or liability insurance to protect the consumers for damage to their property caused by his company.

Spitzer’s lawsuit also alleged that R.E. M. Builders took large advance payments from consumers and either failed to complete projects or performed work in a shoddy manner.

To file a complaint against R.E.M. Builders or its owner Robert E. Muscat, consumers are directed to call the Attorney General’s consumer help line at (800) 771-7755. For tips on hiring a home improvement contractor, consumers are encouraged to go to the Attorney General’s website at www.ag.ny.gov.

This case is being handled by Assistant Attorney General Nicholas Garin of the Poughkeepsie Regional Office.