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Court Orders Payments By New Hampshire Paver

CONTACT: Elliot Burg, Assistant Attorney General, (802) 828-5506

May 5, 2008 - Vermont Attorney General William H. Sorrell announced today that a court order has been issued in a lawsuit his office filed last year against a New Hampshire paver requiring the paver to pay a total of over $71,000 to Vermont consumers and the State. The paver is Joseph Stanley of Northwood, New Hampshire, doing business as Road One Paving.

The suit was filed in April 2006 in Washington Superior Court in Montpelier, alleging that Stanley came to Vermont during the spring and summer of 2006 and approached consumers and businesses in Vermont, unsolicited, with offers to pave their driveways. According to the court complaint, Stanley increased the scope or price of his work for several consumers after the Road One crew had begun or completed the job. In one case, the consumer paid $3,500 more than was agreed upon.

The complaint also alleges that Stanley misrepresented to consumers that he had a paving business in South Burlington, when in fact he had only rented a warehouse for his equipment there, and that he systematically failed to provide his customers with the verbal and written notice of the three-day right to cancel as required by Vermont law.

Because Stanley never answered the State’s lawsuit, Superior Judge Dennis Pearson issued an order on March 31, 2008, requiring that Stanley:

  • Refrain from conducting or advertising any business in or into Vermont involving asphalt paving or any other home improvement, until further order of the court.
  • Pay full refunds to the four consumers identified in the State’s complaint, totaling $27,650. The State has one year to ask the court for additional refunds.
  • Pay the State an additional $40,000 in civil penalties, plus $3,570.95 in fees and costs.

Judge Pearson also allowed the State one year, until March 31, 2009, to request refunds for other Vermonters who paid money to Stanley. For more information, any Vermont business or consumer who paid to have Joseph Stanley or Road One Paving do paving work should contact the Attorney General’s Office in Montpelier at (802) 828-5507.

Commenting on the settlement, Attorney General Sorrell noted that home improvement contractors are required to deal with their customers in a non-deceptive manner, and, in the case of any sale solicited or completed at a consumer’s home, they must provide specific written and verbal notice of the consumer’s three-day right to cancel the sale. “If a paver wants to come to Vermont to do business, he has to know—and obey—the law of the state,” he said.

  Website consulting provided by The National Association of Attorneys General.