Chesco Home Improvement Firm Grifted Clients Under Contract: AG

CHESTER COUNTY, PA – A now-closed home improvement firm in Chester County is being sued by the Pennsylvania Attorney General's Bureau of Consumer Protection for not completing work or doing shoddy work for clients.

Attorney General Josh Shapiro Monday announced the Bureau of Consumer Protection filed a lawsuit against the now-closed Element Kitchen & Bath Design, LLC and Michael J. Sheehan, for allegedly entering into contracts with clients to perform home improvement services, including designing, installing, and supplying materials for renovations to consumers’ homes but failing to perform the work or performing the work poorly.

The suit seeks $145,000 in restitution for consumers, according to Shapiro's office.

Additionally, the lawsuit alleges the Paoli company and Sheehan, 40, of West Chester, took substantial deposits from consumers for custom materials, but then never completed the orders and never refunded those deposits, Shapiro's office said.

The Bureau of Consumer Protection worked in cooperation with the Tredyffrin Township Police Department, which recently filed criminal charges against Sheehan in Chester County for similar underlying allegations.

Sheehan faces charges of theft by deception, receiving stolen property, deceptive business practices, and related charges in Chester County, according to court records. All charges filed against Sheehan are felonies.

He is slated for January and February preliminary hearings on those charges, court documents show.

"Home improvement fraud is a crime, and my Office is taking action to make the contracting process safer and more reliable across our Commonwealth, "Shapiro said. "People work hard to pay for improvements to their homes, and I’m working to ensure they get a fair deal and get the services promised in their contracts. Whether you’re buying a fixer upper or you’re starting to house hunt, Pennsylvanians deserve to know what they’re paying for."

One Chester County consumer says the firm and Sheehan owe him a total of about $89,610 after they failed to complete a significant home remodeling project.

Todd Hopson, who was a victim of Sheehan and his firm's alleged actions, contracted with the firm and Sheehan in 2016 for more than $330,000 in renovations to his home.

"In the early part of the remodel, it went pretty well but towards the end we realized something was not right after the kitchen cabinets began having issues and we were having a difficult time getting them addressed," Hopson said. "We didn’t hear from Michael for a while and we still had the rest of the remodel to complete. Finally, this year when we learned that Element had closed their doors and laid off their employees overnight we reached out directly to the third party manufacturers and discovered that they had given Michael full refunds for the cabinets to Michael— money we never saw."

Hopson said he is now paying out-of-pocket, in addition to what he paid the firm, to fix the work in our home.

"The Bureau of Consumer Protection have been helpful in the process of filing a complaint, and am grateful that Attorney General Josh Shapiro’s office is doing something about this company," he said.

The suit also alleges that the defendants failed to: respond to consumer complaints and refund requests; provide refunds to consumers; repair unsatisfactory and/or deficient work; and use contracts which complied with state law requirements. All of these actions violate thee Consumer Protection Law and the Home Improvement Consumer Protection Act (HICPA), Shapiro's office said.

The complaint requests the court order the defendants to:

• be permanently enjoined from any practices that violate the Consumer Protection Law and HICPA;
• comply with the Notice of Cancellation and right of rescission provisions of the Consumer Protection Law and HICPA;
• pay restitution to all consumers who have suffered losses as a result of the defendants’ conduct;
• be permanently enjoined from doing business as a home improvement contractor in the Commonwealth of Pennsylvania; and
• pay civil penalties of $1,000 for each violation of the Consumer Protection Law and $3,000 for each violation involving a consumer age 60 or older.

"Any consumers who feel they were victimized by Element Kitchen & Bath Design, LLC and Michael J. Sheehan should file a complaint with my Bureau of Consumer Protection," Shapiro said.

Those who may have been victims of this or similar schemes are urged to contact the bureau at (800) 441-2555, or submit a complaint online here.

Image via Shutterstock