TOPEKA – (March 22, 2017) – A Topeka contactor has been prohibited from doing business in Kansas by temporary court order for violating the Kansas Consumer Protection Act and Kansas Roofing Registration Act, Kansas Attorney General Derek Schmidt said today.
John Shively, dba J&R Remodeling, dba J&S Construction, Topeka, is temporarily banned from doing business in Kansas. Shawnee County District Judge Larry D. Hendricks entered a temporary restraining order on March 13 prohibiting Shively from acting as a roofing contractor in the state. The order was served on Shively last week.
Schmidt filed suit after the defendant failed to respond to a subpoena. The lawsuit alleges the defendant contracted and received payment from a consumer for roofing services that were never performed. The defendant also failed to register as a roofing contractor as required by the Kansas Roofing Registration Act (KRRA). The case is in Shawnee County District Court, No. 2017-CV-109. A copy of the attorney general’s lawsuit and temporary restraining order are available at http://bit.ly/2no02Ft.
With the arrival of warm weather and the approach of construction season, Schmidt also announced he has entered into consent judgments with seven other roofing contractors for violations of the KRRA. The settlements require the companies to pay civil penalties for KRRA violations and, in some cases, restitution to consumers. They also require the companies to comply with the KRRA when providing roofing services in the future. The seven roofing contractors fined are:
- Griffin Roofing, LLC; Doniphan County District Court, Case No. 2016-CV-55
- FA Construction, LLC; Cherokee County District Court, Case No. 2016-CV-107
- Mike’s General Contracting, LLC; Mitchell County District Court, Case No. 2015-CV-13
- Rooftop Construction, LLC; Shawnee County District Court, Case No. 2016-CV-954
- Arturo Acosta; Meade County District Court, Case No. 2016-CV-20
- Mike Rose Construction LLC; Shawnee County District Court, Case No. 2017-CV-110
- James Reynolds dba JR Roofing and Repairs; Greenwood County District Court, Case No. 2017-CV-2
In each case, Schmidt alleged the defendants engaged in advertising, soliciting or performing roofing contractor services in Kansas without registering with the attorney general’s office as required by the KRRA.
Schmidt reminded consumers to make sure roofing contractors are properly registered before signing any contract or having any work done. Consumers should request a copy of their roofer’s registration certificate and then should check the attorney general’s consumer protection website at www.InYourCornerKansas.org to confirm that the roofer’s registration is in good standing.