State Pursues Paving Company with Location in Freehold on Behalf of Swindled Customers

By Anthony Bellano (Patch Staff)

A paving company that allegedly performed substandard work throughout New Jersey and was first sued in 2010 has finally paid restitution to the State of New Jersey, Acting Attorney General John J. Hoffman announced Tuesday morning.

Williams Asphalt Materials, LLC must pay $177,000 in consumer restitution after the State Division of Consumer Affairs pursued the company’s principals to Arkansas.

The offenders moved to Arkansas after being charged in a civil action by New Jersey. The case was prosecuted in Arkansas.

In April 2010, the State sued Williams Asphalt Materials, LLC, which was also known as Williams Asphalt Paving, Williams Asphalt Paving & Excavating, Williams Paving & Excavating, Williams Paving, and/or Williams Paving Asphalt Contracting (collectively, “Williams Paving”).

It had locations in Freehold in Monmouth County, as well as Burlington and Cumberland counties.

The State alleged that the company violated the state’s Consumer Fraud Act and the Home Improvement Contractors’ Registration Act and related regulations.

After the initial filing, the State amended the suit to include six members of the Williams family as defendants: Henry R. Williams, Jr. [Father]; Henry R. Williams, Jr. [Son]; Bertha Williams; Saul T. Williams; Samuel Paul Williams; and Alexander W. Stanley. (Two of the defendants are both named Henry R. Williams, Jr., but are father and son.)

By then, the defendants had already fled the state.

The State obtained a default judgment of approximately $17 million in December 2011.

In March 2012, the Arkansas Attorney General’s Office alerted the Division of Law that defendant Henry R. Williams, Jr. [Father] was intending to voluntarily auction off his asphalt plant and paving equipment in Jonesboro, Arkansas.

At the request of the Division of Law, Arkansas Circuit Judge John Fogleman initially issued a temporary injunction the night before the auction, freezing the proceeds.

Later that night associates of the defendants attempted to remove the property that was to be auctioned.

After they were arrested by Jonesboro police, the defendants changed the auction contract so that it listed five new sellers who were not defendants to the State’s action, but are relatives or associates of defendant Henry R. Williams, Jr.

In April 2012, Deputy Attorney General Nicholas Kant, of the Division of Law’s Affirmative Civil Enforcement Group, traveled to Arkansas and made an application to prevent the turnover to the defendants of the auction’s proceeds so the State could secure $285,744 in restitution for New Jersey consumers.

The freeze of the auction continued until the settlement announced on Tuesday which will provide $152,000. Kant previously obtained $25,000 through a settlement paid by defendant Alexander Stanley.

The State’s action arose from complaints from New Jersey consumers that driveways costing thousands of dollars, that typically last a decade or more, began to crumble within months of being installed by Williams Paving.

The company typically generated business by having employees drive up to consumers’ homes, unsolicited.

They would say that they had just completed a paving job in the area and, because they had leftover paving material, could offer the consumer a discounted price on driveway paving.

The State alleged, among other things, that Williams Paving used illegal bait-and-switch pricing and misrepresented the quality and amount of materials to be used in paving projects.

The contracts that consumers signed also lacked required information about a consumer’s right to cancel the contract and omitted project start and completion dates as required by law.

Some projects were started without the permission of homeowners and without contracts being signed, in efforts to force consumers into hiring Williams Paving.

The company also demanded final payments before projects were completed. When consumers attempted to contact Williams Paving for repair or warranty work, the company failed to respond.

The Division of Consumer Affairs will be contacting the 75 consumers who filed complaints against Williams Paving as part of the process to distribute restitution.

Consumers who believe they have been cheated or scammed by a business, or suspect any other form of consumer abuse, can file a complaint with the State Division of Consumer Affairs by calling 1-800-242-5846 (toll free within New Jersey) or 973-504-6200.