Concrete contractor Jason Mark Lambert is in the Hamilton District Court defending numerous fraud charges. Photo / Belinda Feek
Concrete contractor Jason Mark Lambert is in the Hamilton District Court defending numerous fraud charges. Photo / Belinda Feek
A concrete tradie is accused of taking deposits from 28 customers and not only failing to complete the work, but also not providing any refunds.
Complainants say that while Jason Mark Lambert was initially responsive when questioned about the outstanding work, nothing happened afterwards.
The alleged offending occurred betweenOctober 2018 and June 2021. He is now on trial in the Hamilton District Court before Judge Kim Saunders, defending 28 charges involving about $80,000.
Twenty-four of those are causing loss by deception, and the remainder are obtaining by deception and speaking threateningly.
Police prosecutor Steve Hickey said Lambert offered concreting and landscaping services on Facebook and also answered requests for services wanted.
Contact was made, and quotes were given for complainants from around the Bay of Plenty and Waikato, including Hamilton, Huntly, Te Awamutu, Kihikihi, Ngaruawāhia, and Tauranga.
Lambert often sought a 40% deposit before work started, which was paid into a bank account nominated by him. On two occasions, cash was paid.
“Evidence will be given that the defendant, on most occasions, did not complete any work.”
Complainants will refer to messages or conversations they had with Lambert, and some would also produce photos.
Other times, a small amount of work was done before Lambert was accused of offering “multiple excuses for not returning to the properties”.
As the relationships broke down, refunds were sought, but none were given.
Lambert used four different bank accounts for the complainants to put deposits into, but he was not named as an owner of any of the accounts.
“Viewed separately, it could be argued that each of these failed transactions are a civil breach of contract,” Hickey said.
“The prosecution case is that due to the number and regularity of the failed transactions, the behaviours displayed by the defendant and the lack of compensation, the defendant never intended to fulfil the work as agreed, therefore deceiving the complainants into paying the deposit sought.”
Hickey said once police got involved, it was clear to officers that Lambert “intended to cause a loss to these people”.
‘There wasn’t any bad faith’
Co-defence counsel Johnathan Myers said all but one complaint related to 2020 and 2021, when the country was struck by Covid-19, lockdowns, and supply chain issues.
He denied there was any bad faith by his client in entering into contracts.
“Mr Lambert entered in good faith and Mr Lambert had every intention to complete the work.
“However, while Mr Lambert was not new to concreting work, he was new to running his own business and all the pitfalls that come with that.
Concrete contractor and fraud accused Jason Mark Lambert pictured in the Hamilton District Court this week. Photo / Belinda Feek
Myers said 2020 and 2021 “were some of the most challenging years”.
The defence counsel said the police had tried to elevate the allegations beyond what they were, “a civil dispute about contract work”.
He reminded the judge that she would need to be sure that Lambert made false representations or that he was reckless as to whether they were false, and that there was an intention to deceive the victims, and that he was aware that some loss was likely to occur.
‘I saw him featured on Fair Go’
Gerald Fieten dealt with Lambert in October 2018 when he was suggested as a contractor to do a small concreting job at his rental property at Murphy Lane, Taupiri.
He was given Lambert’s details by a Versatile garage representative after asking for a recommendation to do a small concreting job.
