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Post date: February 10 1999

Spitzer Sues Capital Region Home Improvement Contractor

Attorney General Spitzer today announced he has filed a lawsuit against a Saratoga County home improvement contractor after receiving numerous complaints about shoddy work, failure to pay judgments to consumers who have previously won cases, and failure to provide statutory consumer protection notifications.

According to petitions filed by the Attorney General's office, Precision Decks, Inc., owned and operated by David Bernacki of Johnsonville, New York, engaged in false advertising, misrepresentation and fraud. He repeatedly represented work as warranted and guaranteed, but failed to honor those obligations. When consumers contacted him for reparations, he consistently failed to show up for appointments. After demanding final payment, Precision Decks, Inc. agreed to return to a project for final touches and repairs which never occurred, forcing consumers to pay someone else to finish or fix the work.

"This company has persistently broken promises, provided poor work results, ignored laws which provide consumers three days to cancel a contract, and refused to refund consumers in violation of federal law," Spitzer declared. "The unscrupulous nature of this company's actions,

coupled with the deliberate disregard for court-ordered refunds, necessitates swift and deliberate action by my office. It's firms such as this one which make it more difficult for honest and fair contractors to operate."

The lawsuit filed in State Supreme Court will require Mr. Bernacki to provide a full disclosure of revenues from Precision Decks, Inc., force him to make full restitution to aggrieved consumers as the courts have demanded, compel him to pay restitutions to other complainants and civil penalties for violations of law, and require the firm to post a bond ensuring future compliance and acceptable business practices.

Any individual who is interested in finding out more about this case or who would like to file a complaint is encouraged to call the Attorney General's consumer hotline at: (800) 771-7755 or visit our website at http://www.ag.ny.gov.