MADIGAN SUES FRANKLIN COUNTY ROOFING CONTRACTOR
Chicago - Attorney General Lisa Madigan today filed a lawsuit in Franklin County Circuit Court against Timothy Hammond who was running a roofing business through three Benton, Illinois companies, Centamark, Kwik Seal and Allied Roofing.
According to Madigan’s complaint, Hammond and his companies solicited roof repair contracts from Illinois consumers. In many instances, however, after collecting payments on the contracts, Hammond’s companies failed to begin the repair work, to complete it, or to perform the work in a competent and professional manner. The complaint alleges that consumers paid over $12,000 in down payments and additional payments to Hammond and his companies but never received the services that the defendants promised.
Madigan’s Consumer Fraud Bureau began investigating Hammond and his businesses based on five consumer complaints. The lawsuit describes one of the consumer complaints against Hammond and his businesses. Specifically, the complaint notes that Hammond entered into a contract for over $3,800 to roof a consumer’s home. After paying Hammond a down payment of $1,900, the consumer became concerned when Hammond’s company failed to return to begin the job. The consumer sent a certified letter to Hammond’s company demanding the return of the down payment, but Hammond refused to return the down payment or perform the promised work.
“We will continue to work to protect Illinois consumers from contractors who fail to do a complete and professional job,” Madigan said. “Promising to perform a service to get the consumer to sign a contract and then failing to deliver on the promises is a violation of the consumer protection laws and will be prosecuted.”
Madigan’s lawsuit charges Hammond and his companies with multiple violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Home Repair and Remodeling Act. In addition to alleging that the defendants failed to complete the roofing work as contracted, the lawsuit also alleges that the defendants failed to follow the law in a number of other ways.
Specifically, the defendants failed to (1) provide homeowners with verbal and written notice of their legal right to cancel contracts, (2) failed to obtain and maintain roofing licenses, (3) failed to provide consumers with copies of the “Home Repair: Know Your Consumer Rights” pamphlet as required for contracts of over $500, (4) failed to carry adequate insurance as required under Illinois law, and (5) failed to register the names Centamark, Kwik Seal and Allied Roofing with the county clerks in which the companies conducted business as required by law.The lawsuit asks the court to prohibit the defendants from engaging in home repair and from further violating Illinois’ consumer protections laws. The lawsuit asks the court to order the defendants to pay restitution to consumers. The lawsuit also seeks a civil penalty of $50,000 and additional penalties of $50,000 for each violation found to have been committed with the intent to defraud.
Assistant Attorney General Jeffrey Feltman is handling the case for Madigan’s Consumer Fraud Bureau.