Repair & Improve

Home Repair Rip-off May Be Criminal

by Tom Kraeutler

When disputes arise over construction projects, consumers often find resolution is only available by going through long and complicated civil suits.  However, it may also be possible to get the law on your side in another way – by filing criminal charges against the contractor.

When New Jersey homeowner Mark Zarrilli gave contractor Gary Weinstein of Toms River, a $7,000 deposit to install a concrete patio around his pool, he was promised the job would be completed in two weeks.  But after three months of unsuccessfully trying to get Weinstein to finish the job, Zarrilli took the matter into his own hands and contacted the Monmouth County Prosecutors Office who charged Weinstein with Theft by Deception.

Weinstein plead guilty to the charge.  In a plea agreement, he faces three years of probation but will avoid prison if he agrees to repay $4,000 of the money.

According to Asst. Prosecutor Charlie Clark, whether you can file charges of theft by a contractor really depends on the facts of the case.  “You need to prove a particular defendant had a criminal intent when signing the contract.  We had evidence to suggest he was not going to perform when he entered into the contract.  He pled guilty and admitted just that.”

If you think you’ve become the victim of theft by deception, Clark says the first step is to file a report with your local police department.

Commenting in a prepared statement, homeowner Mark Zarrilli said , the guilty plea brought closure to a “long and arduous a long and arduous journey, which began with the simple act of attempting to improve my family’s home nearly 18 months ago…this conviction and sentencing should send a clear message to all would be rogue home improvement contractors.”

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