MADIGAN FILES LAWSUIT AGAINST BOLINGBROOK HOME REPAIR CONTRACTOR

Chicago – Attorney General Lisa Madigan filed a lawsuit in Cook County Circuit Court on December 19, 2006, alleging that a home repair and remodeling contractor collected payments from consumers and then either failed to commence work, failed to complete the work or failed to complete the work in a competent and professional manner as promised. 

Madigan’s lawsuit names Perry Matthews, doing business as Residential Concrete Services, as the defendant.  Residential Concrete Services operates out of Bolingbrook.  Since 2004, Madigan’s Consumer Fraud Bureau has received 14 complaints against Residential Concrete Services from consumers who have allegedly made payments to the company ranging from $1,000 to $8,000.

According to Madigan’s lawsuit, a Villa Park consumer entered into a contract with Residential Concrete Services to repair a driveway, sidewalk and steps, at a total cost of $5,837.50.  The consumer signed the contract in May, 2005, and made an initial down payment.  Residential Concrete Services began work at the consumer’s home in March, 2006, and at that time, demanded additional payments.  The consumer made several additional payments to Residential Concrete Services.  Despite these payments, Residential Concrete Services allegedly completed only half of the work and refused to refund the $5,017.28 paid by the consumer.    

Madigan’s suit also describes a second consumer from Chicago who entered into a contract with Residential Concrete Services to demolish two properties and haul away the remaining debris.  This consumer paid Residential Concrete Services a down payment of $3,000.  According to the complaint, Residential Concrete Services never performed the demolition and refused to refund the down payment. 

“My office is working to protect Illinois consumers from home repair and remodeling contractors who fail to abide by the laws” Madigan said. 

“Consumers should obtain as much information as possible before hiring a home repair contractor,” Madigan added.  “At a minimum, I encourage consumers to contact my office to find out if we have received any complaints against a contractor.”

Madigan’s lawsuit charges the defendant with multiple violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Home Repair and Remodeling Act.  In addition to claims that Residential Concrete Services failed to refund consumers’ down payments or to complete the work in an acceptable manner, the lawsuit alleges that Residential Concrete Services failed to provide consumers with copies of the “Home Repair: Know Your Consumer Rights” pamphlet, and failed to provide verbal and written notice to consumers of the legal right to cancel contracts.

Madigan’s lawsuit asks the court to prohibit the defendant from engaging in home repair and from further violating Illinois’ consumer protection laws. The lawsuit 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.  Finally, Madigan’s lawsuit also asks the court to order the defendant to pay all costs for the prosecution and investigation of this case.

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