Court Order Bars Broome County Man From Home Repair Business

Attorney General Spitzer today praised a court decision to bar a Broome County home improvement contractor from doing business in New York State.

Broome County State Supreme Court Justice Joseph P. Hester, Jr. issued the decision and order against John E. Stratton, owner of J.E.S. Building and Remodeling, which specialized in repairing and remodeling of residential and commercial properties.

"My office will stop unscrupulous home improvement contractors from victimizing consumers with false promises and fraudulent conduct," Spitzer said.

Justice Hester's decision, granted all the relief sought by Spitzer's office in a November 2003 lawsuit. The order bars Stratton from engaging in any type of consumer business in New York State unless he posts a $100,000 performance bond. In addition, the order bans Stratton and J.E.S. Building and Contracting from engaging in any future violations of consumer protection laws. Stratton was ordered to pay at least $57,650 in restitution for injured consumers, and $8,190 in civil penalties and court costs.

An investigation by Spitzer's office revealed that J.E.S. Building and Remodeling engaged in a variety of deceptive and illegal business practices including: failing to perform promised work; failing to complete projects; and failing to refund monies to customers whose projects were not begun or begun but not finished.

In addition, J.E.S. Building and Remodeling violated state consumer protection laws that require home improvement contractors to place deposits for projects in escrow accounts and mandates that contractors notify consumers where such deposits are located.

At least eight consumers filed complaints with Spitzer's office claiming they've lost thousands of dollars after paying J.E.S. Building and Remodeling a deposit in advance of a project. Instead of depositing the money in an escrow account in a New York-based financial institution, Stratton immediately cashed checks and absconded with the money. Some consumers have waited over a year for the start or completion of their project while others have had to pay other contractors to complete unfinished jobs.

Consumer have until the end of March 2004 to file complaints with the Attorney General's office against Stratton to be considered for restitution. Consumers should call the Attorney General's consumer help line at (800) 771-7755.

This case is being handled by Assistant Attorney General Michael Danaher of the Binghamton Regional Office.