Tuesday, January 23, 2007

More Violations of the Massachusetts Home Improvement Contractor Law

Massachusetts Attorney General: Full Article http://www.ago.state.ma.us/sp.cfm?pageid=986&id=1684
1 of 1 1/23/07 9:19 AM
Home Page > Media Center > Full Article
FORMER NORTH ANDOVER MAN FACES 95 INDICTMENTS
INVOLVING VIOLATIONS OF HOME IMPROVEMENT
CONTRACTOR LAW
June 21, 2006
CONTACT: BETH STONE
(617) 727-2543
BOSTON -- A former North Andover man who operated a now defunct sunroom installation company has been indicted on charges
he violated the home improvement contractor statute in his dealings with 32 homeowners from across the state, Attorney General
Tom Reilly announced today.
James Brien, 56 years old, formerly of North Andover was indicted by an Essex County grand jury on one count of larceny by false
pretenses and 94 counts of violating the Home Improvement Contractor Statute. He is scheduled to be arraigned on July 6, 2006 at
Essex Superior Court in Salem.
Brien was the president and owner of North Andover-based American Sunroom Co. Inc., a sunroom installation business he
operated for approximately 14 months.
The indictments allege that Brien violated the Home Improvement Contractor statute in three different ways.
First, the indictments allege that Brien breached contracts he entered into with 30 homeowners by failing to deliver and install the
sunrooms homeowners ordered through Brien's company. Under the Home Improvement Contractor statute, it is a crime to
breach a contract without justification.
Second, the indictments allege that Brien violated the Home Improvement Contractor statute by failing to include in contracts with
32 homeowners the dates on which he was going to start and complete the installations of the sunrooms they ordered.
Finally, the indictments further allege that Brien violated the Home Improvement Contractor statute by failing to include in 32
contracts the information that contractors and subcontractors must be registered and information on how homeowners can check a
contractor's registration status.
Defendants are presumed innocent until proven guilty.
Assistant Attorney General Beth Merachnik of AG Reilly's Criminal Bureau is prosecuting the case, which was investigated by State
Police and the Financial Investigations Division, also of AG Reilly's Criminal Bureau.
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