Oneida County Home Improvement Contractor Sued For Fraud

Attorney General Spitzer today announced a lawsuit against an Oneida County home improvement contractor for repeatedly and persistently defrauding consumers.

The lawsuit asserts that Daniel G. Bragg, who does business as Daniel G. Bragg Home Improvement Contracting in Vernon Center, engaged in fraud and deceptive practices in the conduct of his business. In addition, Bragg failed to comply with state consumer protection laws that require home improvement contracts to be in writing with a three-day right to cancel and to secure consumer deposits in separate escrow accounts.

"My office is dedicated to protecting consumers against unscrupulous home improvement contractors," Spitzer said. "In filing this lawsuit, we seek a court injunction to ensure that this contractor's fraudulent and illegal acts are stopped."

Spitzer's six-month investigation revealed that between April and October 2003, at least six consumers from New Hartford and Sherrill were defrauded by Bragg. Some complained that they paid large up-front deposits and received nothing for their money. Others indicated that some work or materials were provided, but the project was never completed or was shoddy. All said that Bragg avoided their repeated attempts to contact him to reschedule missed start dates or obtain refunds.

One Oneida County woman contracted with Bragg last fall for the remodeling of her bathroom. Although she paid $801 as a deposit, Bragg never began the project. After repeated unsuccessful attempts over the next couple of months to contact Bragg to reschedule a start date, she finally wrote a letter demanding a refund. To date, she has not received a response and never obtained a refund.

In filing the lawsuit, Spitzer's office seeks a court order permanently barring Bragg from the home improvement industry unless he posts a $50,000 performance bond. Spitzer's office also seeks a full accounting of all monies received from consumers, copies of all contracts and a complete list of all customers.

In addition, Spitzer's office seeks full monetary restitution and damages for all injured consumers, plus civil penalties for his violations of law and court costs.

Individuals interested in filing a complaint against Daniel Bragg are directed to contact the Attorney General's consumer help line at (800) 771-7755.

For tips about protecting oneself when hiring a home improvement contractor, consumers are encouraged to go to the Attorney General's website at www.ag.ny.gov.

This case was handled by Assistant Attorney General G. Lawrence Dillon under the supervision of Joel Marmelstein, Assistant Attorney General In Charge of the Utica Regional Office.

HOME IMPROVEMENT TIPS:

The Attorney General suggests that consumers follow these recommendations when dealing with home contractors:

• Never agree to have work done on the spot, especially when potential contractors are door-to-door marketing; determine exactly what you want done, then seek out a qualified contractor;
• Shop around; get at least three estimates from reputable contractors that include specific information about the materials and services to be provided;
• Ask for references: check with the Better Business Bureau, banks, suppliers, and neighbors; always contact any references provided to you;
• Insist on a written contract that includes the price and description of the work needed;
• Do not pay unreasonable advance sums: negotiate a payment schedule tied to the completion of specific stages of the job; never pay the full price up front;
• Remember that you have three days to cancel after signing a home improvement contract, but all cancellations must be in writing; and
• Contact the Attorney General's office at (800) 771-7755 if you have any unresolved dispute with a home improvement contractor and are seeking assistance. For more information about consumer protection laws regarding home improvements, go to the Attorney General's web site at www.ag.ny.gov/bureaus/consumer_frauds/tips/tips.html