A contractor in Abilene has been banned from doing business in Kansas for allegedly accepting payment for roofing work, and then not performing the work. According to Kansas Attorney General Derek Schmidt the contractor has been prohibited by temporary court order from doing business for violating the Kansas Consumer Protection Act and Kansas Roofing Registration Act.
Jesse Howard, doing business as Jesse Howard Roofing in Abilene, is temporarily banned from doing business in Kansas. Dickinson County District Judge Ryan Rosauer entered a temporary restraining order last week prohibiting Howard from acting as a roofing contractor in the state.
Schmidt filed suit after the defendant failed to respond to correspondence from the attorney general’s office. The lawsuit alleges the defendant was paid for performing roofing work in September 2015 and did not provide the service. The suit also alleges the defendant failed to register as a roofing contractor as required by the Kansas Roofing Registration Act (KRRA). A separate, private lawsuit was brought against Howard by the homeowner, and a default judgment was granted after Howard failed to respond to the suit. Howard has therefore already been ordered to pay restitution to the consumer.
Schmidt’s lawsuit against Howard is Dickinson County Case No. 2017-CV-73. A copy of the petition and temporary restraining order are available at http://bit.ly/2sqfpMh.
With the summer construction and storm season underway, Schmidt also announced he has entered into consent judgments with nine other roofing contractors for violations of the KRRA. The settlements require the companies to pay civil penalties for KRRA violations and, in some cases, restitution to consumers. They also require the companies to comply with the KRRA when providing roofing services in the future. The nine roofing contractors fined are:
- Wiesen Roofing, LLC, Sedgwick County District Court, Case No. 2017-CV-1327
- Branco Enterprises, Inc, Shawnee County District Court, Case No. 2017-CV-371
- MSS Construction LLC, Johnson County District Court, Case No. 2017-CV-3226
- Guestavo Zarate dba Modern Storm Solutions, Wyandotte County District Court, Case No. 2017-CV-420.
- Nathan Reasons dba RHCC dba RHC Contracting, Wyandotte County District Court, Case No. 2017-CV-337
- McDavis Exteriors, Inc., Jefferson County District Court, Case No. 2017-CV-956
- Evan Meier dba Evan Meier Construction, Washington County District Court, Case No. 2017-CV-3
- Expert Roofing, LLC, Shawnee County District Court, Case No. 2017-CV-180
- Wendy Laurence d/b/a Endless Concepts Roofing & Contracting, Johnson County District Court, Case No. 2017-CV-1623
In each case, Schmidt alleged the defendants engaged in advertising, soliciting or performing roofing contractor services in Kansas without registering with the attorney general’s office as required by the KRRA. Copies of the consent judgments are available at www.ag.ks.gov/roofer-enforcement.
Schmidt reminded consumers to make sure roofing contractors are properly registered before signing any contract or having any work done. Consumers should request a copy of their roofer’s registration certificate and then should check the attorney general’s consumer protection website at www.InYourCornerKansas.org to confirm that the roofer’s registration is in good standing.