Bill Text: NJ A5393 | 2018-2019 | Regular Session | Amended
Bill Title: Requires retail companies that subcontract work or services to provide certain notifications to consumers; makes these companies liable to consumers for certain damages.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-06-06 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A5393 Detail]
Download: New_Jersey-2018-A5393-Amended.html
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman JAMEL C. HOLLEY
District 20 (Union)
SYNOPSIS
Requires retail companies that subcontract work or services to provide certain notifications to consumers; makes these companies liable to consumers for certain damages.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on June 6, 2019, with amendments.
An Act concerning subcontracts and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section, "retail mercantile establishment" means any place of business where merchandise is exposed or offered for sale at retail to members of the consuming public and that uses a subcontractor to perform any of the work or services for which the retail mercantile establishment has entered into a contract with a consumer.
b. A retail mercantile establishment shall provide to the consumer, prior to the signing of the contract, written notification of the use of a subcontractor and, if appropriate, written notification of the use of a sub-subcontractor by the subcontractor. The notification also shall contain the type and amount of insurance coverage held by the subcontractor and, if appropriate, the sub-subcontractor.
The written notification shall be on a form that is separate from the contract for the work or services and shall be signed by the consumer as evidence that the consumer has received the notification.
c. A retail mercantile establishment shall include in the contract with the consumer a clear and conspicuous statement informing the consumer who is responsible for the performance of the contract.
d. A retail mercantile establishment shall be liable to the consumer for all damages arising out of the performance of the contract, including those caused by a subcontractor or a sub-subcontractor. This provision shall not be construed to prohibit a retail mercantile establishment from recovering any damages paid to a consumer from a subcontractor hired by the retail mercantile establishment or from a sub-subcontractor hired by the subcontractor.
e. A 1[violation of] retail mercantile establishment that violates1 this section shall be 1[an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.)] subject to a civil penalty of $2,500 for a first violation and $5,000 for any subsequent violation, which may be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. A violation of this section shall not be considered an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.)1.
2. This act shall take effect immediately.
