N.J. Admin. Code § 13:32A-5.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:32A-5.8 - Unconscionable pricing

(a) A master HVACR contractor shall not charge an unconscionable price for services. A price is unconscionable when, after review of the facts, a master HVACR contractor of ordinary prudence would be left with a definite and firm conviction that the price is so high as to be manifestly unconscionable or overreaching under the circumstances.

(b) Factors that may be considered in determining whether a price is unconscionable include the following:

1. The time and effort required;

2. The novelty or difficulty of the job;

3. The skill required to perform the job properly;

4. Any special conditions placed upon the performance of the job by the person or entity for which the work is being performed;

5. The experience, reputation and ability of the master HVACR contractor to perform the services; and

6. The price customarily charged in the locality for similar services.

(c) Charging an unconscionable price shall constitute occupational misconduct within the meaning of 45:1-21(e) and may subject the master HVACR contractor to disciplinary action.

N.J. Admin. Code § 13:32A-5.8