The Akron Legal News

Attorney General sues contractor over shoddy work

KEITH ARNOLD
Special to the Legal News
Published: August 26, 2019

A Pickaway County contractor is the subject of a lawsuit brought by Ohio Attorney General Dave Yost on behalf of five consumers who are owed refunds totaling $105,000.

The attorney general's Consumer Protection Section last week filed the complaint against George "Jody" Capps Jr. of South Bloomfield in the Franklin County Court of Common Pleas.

"This guy took huge deposits from trusting clients but deserted the projects without providing refunds or answers," Yost said. "It's time to hold him accountable."

Capps, who operates under the business name Capps Construction, is accused of performing shoddy work and failing to complete home improvement projects based on complaints to both the attorney general's office and the Better Business Bureau during the past two years.

His accused activity violates Ohio's Consumer Sales Practices Act and Home Solicitation Sales Act.

Capps solicited, offered for sale and sold home improvement goods and services, such as building decks, remodeling kitchens and bathrooms and room additions, to consumers at their homes, the suit detailed. The man did not have a physical business location where his goods were exhibited or where his services were offered for sale on a continuing basis.

He accepted monetary deposits from consumers for the work he solicited, while failing to provide consumers with proper "notice of cancellation" forms.

In some instances, Capps failed to deliver the goods or services he promised and, in others, he only partially delivered.

Consumers who did not receive their goods or services requested refunds from Capps, the suit alleged, but he failed to provide the requested refunds.

The home improvement repairs or services that he did provide, or attempted to provide, "were performed in an incomplete, shoddy, substandard or unworkmanlike manner," the suit provided.

Capps' efforts damaged the property of some of the consumers.

"Defendant engaged in unfair or deceptive acts or practices in violation of R.C. 1345.02(A) of the Consumer Sales Practices Act and the Failure to Deliver Rule, O.A.C. 109:4-3-09(A), by accepting money from consumers for goods or services, failing to make full delivery of the promised goods or services, and failing to provide full refunds," the lawsuit noted.

The second count addressed Capps' shoddy workmanship and his failure to provide proper notice of consumers' right to cancel within three days.

The lawsuit requested an order requiring Capps to reimburse affected customers and pay civil penalties. Additionally, it requested an injunction ordering him to stop violating the state's consumer protection laws.

The attorney general's Consumer Protection Section took advantage of the occasion to remind consumers to adhere to the following steps before signing a contract for home improvement services:

• Check for any complaints against the contractor with the Ohio Attorney General's Office and Better Business Bureau;

• Make sure the contract includes notice of the right to cancel a door-to-door sale. Contractors generally cannot start working until the three-day "cooling-off" period ends;

• Get written estimates from several contractors before making a final decision;

• Check to make sure that the written contract includes any verbal promises, the start and end dates, and an itemized list of all significant costs, labor and services;

• Be wary if the contract requires a large down payment or requires a check directly to the contractor instead of his or her company; and

• Check with the Ohio secretary of state to confirm that the business is registered properly.

Consumers who suspect an unfair or deceptive business practice are advised to contact the Ohio attorney general's office at 1-800-282-0515 or www.OhioAttorneyGeneral.gov.

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