Contractors get Pa. AG's attention

by Bryan Cohen |
Apr. 7, 2012, 12:45pm

Kelly

HARRISBURG, Pa. (Legal Newsline) - Pennsylvania Attorney General Linda Kelly announced six lawsuits on Thursday against three Erie and three Pittsburgh-area home improvement contractors that allegedly failed to comply with the Home Improvement Consumer Protection Act.

The lawsuits were filed against Affordable Plumbing and Adam Frano, the company's owner; Rapid Rooter and Troy Parrett, its owner; Terry Smith, doing business as Knight's Concrete, Knight's Concrete and Glass Block and Knight's Concrete and Masonry; Joseph M. Bogaski, doing business as Joseph M. Bogaski Contracting and Accurate Designs; Horniacek Contracting Inc. and Stephen Horniacek, the company's president; and Robert Sippos, doing business as R.S. Sippos Associates.

The Erie-based Affordable Plumbing is allegedly not registered as a contractor as is compulsory under the HICPA. Additionally, Frano allegedly used a non-compliant contract and failed to inform consumers about a three day right to cancel a contract. The lawsuit seeks civil penalties, injunctive relief and costs.

Troy Parrett allegedly failed to register as a home improvement contractor and conducted business as an unregistered contractor. Parrett also allegedly used contracts that failed to meet legal standards and failed to inform consumers about a three day right to cancel a contract. The lawsuit seeks injunctive relief, restitution, costs and civil penalties.

Terry Smith allegedly operated as an unregistered home improvement contractor, failed to limit down payments, failed to provide notice to consumers about a three day right to cancel, failed to perform contracted services and failed to register his companies' names with the Department of State. The lawsuit seeks injunctive relief, consumer restitution, costs and civil penalties.

Joseph M. Bogaski allegedly engaged in deceptive business practices in violation of state consumers protection laws, including failing to perform contract work or completing work at a poor performance level and failing to register as a home contractor. Bogaski also allegedly accepted deposits from consumers in excess of the amount permitted by law, failed to register his business name and failed to include legally required disclosures in contracts. The lawsuit lawsuit seeks to permanently enjoin the defendant from conducting business in the state.

Horniacek Contracting and its president allegedly engaged in a pattern of conduct in violation of state consumer protection laws, including poorly performing home improvement work and failing to perform home improvement contracts. The defendants also allegedly accepted deposits from consumers in excess of the legally permitted amount, failed to maintain required insurance at all times while in operation and failed to include all legally required disclosures in their contracts. The lawsuit seeks to permanently ban the defendants from the home improvement industry until all court-ordered costs, restitution and penalties have been paid.

R.S. Sippos was the subject of seven consumer complaints received by the Bureau of Consumer Protection. The defendant was allegedly an unregistered contractor that accepted down payments of 50 percent or more of the contract price while failing to complete the contracted work. The defendant allegedly abandoned jobs and refused to provide refunds for work that was unfinished or completed in a shoddy un-workmanlike manner. The lawsuit seeks to ban the defendant's involvement or ownership in the home improvement industry until all costs, restitution and penalties have been paid.

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