Beware of Unlicensed Home Improvement Operators in the Area

A Davidsonville woman who wishes to remain anonymous, said that last week a paving company salesman who said he had “leftover” asphalt offered to pave her driveway for about $400. However, by the time the work was finished and the bill arrived on Friday, she was asked to pay $61,000 for the work.

The homeowner, 65, requested anonymity because she said she felt scared, but that she wanted others to be aware of the do's and dont's of hiring contractors.

According to the homeowner, the man said he wanted to get rid of leftover asphalt when he approached her last Wednesday, as she was in her car, heading out of her driveway. He offered to pave the last 50 feet of her 800-foot long driveway for $8 per foot, or about $400.

“I almost ran him over coming out of my driveway,” she said. In a hurry, the homeowner gave the man her husband’s phone number to talk about his services.

According to the Maryland Home Improvement Commission, licensed contractors are permitted to solicit door-to-door, pass out flyers and give free estimates.

During the conversation with the husband, the man, who the homeowner said identified himself as  “Tommy Clark,” of Maryland Asphalt and Paving Company, offered to repave the driveway for $9.50 per foot.

By the time the woman returned from her errands, the crew had already begun the work. She went into her home and took a call from her husband who, by then, was having buyer’s remorse.

According to the Maryland Home Improvement Commision's executive director Steve Smitson, door-to-door solicitations for business are required to wait three days before performing contracted work.

"The only way that can be waived is a bonafide personal emergency of the homeowner—only if the homeowner solicits the work," Smitson said. "If a contractor is going around knocking on doors, that is not an option for them."

“Cancel the job,” the husband told her. But it was too late. Although only an hour had elapsed since the phone call, the work had already started.

The work crew, however, didn’t seem to have “leftover” asphalt, because they told the homeowner that they had to wait in her driveway for a delivery from the plant in Millersville.  She thought that was curious, but said that she didn’t question it.

In hindsight, she said it was the first of many red flags.

Another red flag was that the trucks didn’t seem to have front license plates, and the rear plates were from North Carolina, unusual for a company with "Maryland" in the name.

The work continued into Thursday. The original salesman, Clark, was not seen again on site, but two workers completed the work to the homeowners’ satisfaction.

On Friday, the homeowner said that Clark returned to their Davidsonville residence and presented the $61,000 bill.  

Astonished, the husband refused to pay and argued for nearly two hours in the driveway with Clark. The price dropped to $40,000, then $30,000, and by the end of the discussion, the homeowner said that the invoice was reduced to $18,000.

The homeowner and Clark left the conversation with both vowing to consult  attorneys.

Panicked, the homeowner said that she decided to call around to other contractors—licensed contractors—to see about getting comparison pricing.

The homeowner has said that she wants to pay for the work, but a fair rate.

“I found out we should be paying about $8,000 for the work,” the homeowner said. 

Through one of those conversations with a local, licensed contractor, she also found out that Tommy Clark, alias Tommy “Clack” has been banned as a contractor from the state of North Carolina for running a similar home-improvement arrangement that targeted senior citizens. The homeowner said the mug shot found here matches the contractor she dealt with for her driveway work.

A Talk with Clark

Edgewater Patch contacted Tommy Clark by phone to discuss the Davidsonville consumer’s complaint.

“We in the paving business never have leftover asphalt. We can say what we need to a tee,” Clark said. “And, we would never take a job of 50 feet of paving.”

Clark said that he couldn’t recall a recent Davidsonville job, aside from one a few years ago that has resulted in a lien against the property. However, court documents show no cases between a Thomas, Tom or Tommy Clark against any homeowners in the Davidsonville area. 

In the interview, Clark said that last week he was in Ocean City. He said that he would ask his estimators about any jobs in the area and return a call to Edgewater Patch. Clark did not follow up.

Clark could neither tell Edgewater Patch how many estimators he had in the field, nor how many employees he had overall. He would not answer how many years he has been working in Maryland, and gave a false Maryland contractor’s license identification number. A search for a contracting license under his name—both Clack and Clark—as well as his company name, was unsuccessful.

There are currently no complaints with the Consumer Protection Division of the Maryland Attorney General's Office under the name Tom, Thomas or Tommy Clack.

Another contractor in Baltimore, “American Asphalt and Paving Company,” which uses the web address www.MarylandAsphaltandPaving.com said that no person with the name or description of Clack or Clark is either a company representative nor a principle in the business.  

American Asphalt and Paving has been in business more than 35 years, and have an active Maryland contractor’s license that expires in 2012.

According to the Maryland Home Improvement Commission website, consumers should be sure to look up contractors' Maryland Home Improvement Contractor license numbers online. 

In addition, homeowners should request a written description of the work to be completed. Again, Marylanders have up to the three business days to change their mind about work when they sign contracts.

According to a Carolina Live News Channel 15 news report from July of last year, Clack was convicted in North Carolina of scamming senior citizens in driveway paving jobs. He was ordered to pay more than $24,000 in restitution to four victims in cases that dated to 2008. He is currently banned from contracting work in the entire state of North Carolina.

According to public court documents in Florence County, SC, a paving contractor listed as Tommy Edward Clack, currently has eight court cases pending, with charges ranging from swindling to breach of contract in value $5,000 or more, dating November 2009 to July 2010.

For the Davidsonville couple, they have decided to contact an attorney to see how to proceed. The business card that Clark provided does not have a business address, so even if they wanted to send a check, they have no business location to address the envelope.

“I feel so stupid. I should have known better,” the homeowner said.

For more information on protecting seniors, download the Maryland Attorney General for Consumer Protection brochure here.

The Maryland Department of Labor and Licensing has issued a warning on paving company scams here.