MADIGAN FILES SUIT AGAINST BARTONVILLE HOME REPAIR COMPANY

Chicago — Attorney General Lisa Madigan has filed suit against a Bartonville company for allegedly accepting more than $50,000 from at least 20 area consumers for siding or window installation but, in most instances, failing to even begin the work.

Madigan filed the suit against Illini Siding and Windows Company, Inc., an Illinois corporation, and its principals, Michael G. Gray and Zackary J. Ripper.  The lawsuit alleges that between approximately February and November 2006, Illini Siding engaged in a pattern of accepting deposits from consumers for the purchase and installation of siding, doors, replacement windows and other related work.  According to Madigan’s complaint, the defendants promised consumers that work on their projects would begin within three weeks of the date of the contract signing and once the necessary supplies arrived.  When the company failed to make or to keep appointments for the installations, Madigan’s complaint alleges that consumers received only excuses and no results. 

“There is no justification for Illini Siding, or any contractor, to accept deposits for work but fail to fulfill the terms of the home repair contracts,” Madigan said. 

According to Madigan’s complaint, the defendants allegedly solicited and accepted deposits that averaged more than $2,000 per consumer.  The suit further alleges:

• The defendants failed to refund deposits to consumers who requested them when the defendants failed to begin the work for several months after receiving the money.

• The defendants violated the Illinois Home Repair and Remodeling Act which requires that (1) companies provide home repair consumers with a brochure that outlines their rights with respect to home repair transactions and (2) home repair contractors maintain insurance guaranteeing their performance of acceptable work.

• In two instances, the defendants allegedly requested and obtained consumers’ signatures on Certificates of Completion which the defendants then presented to a bank as evidence that Illini Siding had completed the work.  Madigan’s suit claims that by doing this, the defendants obtained money to which they were not entitled from the bank and obligated consumers to pay for work that was not completed.

Madigan’s suit, filed yesterday in Peoria County Circuit Court, seeks an injunction prohibiting the defendants from further violating the law, a civil penalty of $50,000, and additional penalties of $50,000 for each violation committed with the intent to defraud and $10,000 for each instance where a violation was committed against a person 65 years of age or older.  Madigan’s suit also asks the court to order the defendants to pay full restitution to consumers.

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