Contractor in violation of N.C. court order

Bryan Cohen Jun. 7, 2011, 2:00am


RALEIGH, N.C. (Legal Newsline) - North Carolina Attorney General Roy Cooper announced Tuesday that a contractor has been found in contempt for violating a court order.

Tommy Edward Clack has allegedly pressured consumers into paying too much for subpar driveway paving and in June 2010 Cooper won a court order permanently barring Clack and his associates from all residential paving work in the state. Clack allegedly violated the ban and was found guilty of civil contempt.

"Businesses that rip off consumers and violate court orders time and time again have no business operating in our state and should face full punishment under the law," Cooper said.

Clack must repay his two victims $79,600 or go to jail for at least 90 days. The 90-day period can be renewed if Clack has not repaid them. Wake County Superior Court Judge Michael J. O'Foghuldha also cited Clack for criminal contempt for failure to show up to his civil contempt hearing as ordered. Clack must appear before Wake County Senior Resident Superior Court Donald W. Stephens on June 27 at 10 a.m. to show why he should not also be found in criminal contempt and be ordered to jail for an added six months with an additional fine.

Clack allegedly charged an 81-year-old homeowner in Chatham County $7,600 to pave a small driveway in July and charged a Greensboro homeowner $72,000 for driveway work in March. Clack allegedly used false names in both cases to hide his identity and evade the ban.

Clack allegedly claims he is already in the neighborhood and will charge consumers a low price since he has materials left from other jobs. Clack's crew then allegedly begins work as soon as a contract is signed and completes the job with poor quality materials. Consumers have three days to cancel most purchases sold door-to-door, but consumers allegedly felt like they couldn't cancel once the work was underway and that Clack was generally uncooperative to giving refunds.

Cooper won an injunction against Clack in March 2008, compelling Clack to pay $50,000 to correct previous substandard jobs. A court order in November 2008 required him to wait at least four days before a written contract was signed before beginning work. Clack faces a four-count criminal indictment out of Florence, S.C. for allegedly defrauding four victims in that state out of sums ranging from $16,000 to $30,000. He is thought to be in Maryland where he is wanted for arrest in Anne Arundel County on driveway paving related charges.

"If your driveway needs paving, find a reputable contractor to do the work instead of going with a stranger who knocks on your door," Cooper said. "Protect yourself from home repair scams by getting written estimates, checking references, and saying no to high-pressure sales pitches."

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