State puts contractor out of business

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http://www.pressherald.com/business/stories/020810homerepair.shtml

Saturday, August 10, 2002

State puts contractor out of business

By TUX TURKEL, Portland Press Herald Writer

Copyright © 2002 Blethen Maine Newspapers Inc.

A contractor who defrauded homeowners in Cumberland and Androscoggin

counties with shoddy and uncompleted work has been fined $45,000 and ordered

not to perform future home repairs in Maine, according to the Maine Attorney

General's Office.

The office announced Friday that it had won a lawsuit in Cumberland County

Superior Court against Alfred Verdone.

Verdone could not be reached for comment and his attorney, Napolitano

of Portland, said he thinks his former client may have moved to Rhode

Island. " He hasn't been in touch with me since May, " Napolitano said.

The lawsuit, filed by the attorney general last August, alleged that Verdone

intentionally defrauded nine homeowners in violation of the Maine Unfair

Trade Practices Act and state law regulating home repair contracts. The

fraud consisted of failing to perform work that was paid for, shoddy

workmanship and failing to provide proper written contracts.

On July 15, the court granted judgment by default to the state as a sanction

against Verdone for failing to comply with an order to turn over documents

relating to the lawsuit. The court found that Verdone's business practices

were intentionally deceptive, unfair and fraudulent, and that he

intentionally failed to disclose important information to the homeowners.

In addition to the $45,000 fine and prohibition against future repairs, the

court ordered Verdone to pay $54,323 in restitution for the defrauded

homeowners.

According to the lawsuit, Verdone advertised his home repair services in

local newspapers and periodicals under several different business names,

including AAA Contracting and Painting and A & C Painting and Construction. He

falsely told homeowners that he was a home repair expert, that he used only

licensed electricians and plumbers, and that all of his work was guaranteed.

In many instances he gave false names and addresses.

He did not provide written contracts, or provided contracts that were

incomplete, and he required a down payment of more than one-third of the

total price, all of which is prohibited under state law, according to the

lawsuit.

Verdone's workmanship was so poor that several of the homeowners had to hire

another contractor to do the job over, the state said. He frequently

violated building codes and safety regulations. He failed to respond when

the homeowners complained, and refused to refund their money, the state

said.

Under Maine law, all home repair contracts for more than $1,400 must be in

writing, must be signed by both parties, and must include a description of

the work to be done, the price and method of payment, the dates for

beginning and completing the work, a statement of how disputes will be

resolved, and a warranty statement. Any changes to the original contract

must also be in writing.

Maine currently does not require contractors to be licensed, like plumbers

and electricians. The Attorney General's Office is working to promote

contractor licensing and a statewide residential building code.

" While it is great to put a bad contractor out of business, " said

, an assistant attorney general who handled the Verdone case, " consumers

would be much better protected if he had been kept out of the business to

begin with. Consumers need licensed contractors they can count on. "