Pennsylvania’s Home Improvement and Consumer Protection Law (“HICPA”) effective July 1, 2009, talks a good game. For example, it allows a homeowner to sue a home improvement contractor for various forms of deceptive conduct plus treble (or triple) damages and attorney fees. HICPA also gives the Commonwealth of Pennsylvania’s Attorney General’s office the right to (1) immediately investigate potential violations of HICPA and (2) the right to pursue claims for homeowners and punish contractors for violating the Act. (Click here for more).
But how often does the AG’s office actually prosecute such claims in PA?
Truth is, not very often.
Granted, the AG’s office does investigate every homeowner complaint — eventually — and the AG will write a few letters to the contractor for an explanation for his conduct. This can give the homeowner (and her civil lawyer) leverage when suing the contractor, separately. But the AG’s office rarely files suit against the contractor. This keeps our Pittsburgh civil litigations lawyers busy advancing claims for damages and/or defective work.
But every once in a while… the AG’s office in PA takes action.
Office of Attorney Gen. v. Harth & Sons Gen. Contracting
In Office of Attorney Gen. v. Harth & Sons Gen. Contracting, 672 C.D. 2022 (Pa. Cmmw. Ct. Dec. 6, 2023), the Commonwealth of Pennsylvania (Commonwealth) filed a complaint against not only a home improvement contractor — Harth and Sons General Contracting, LLC — but also against its owner and president Charles G. Harth. There, the Commonwealth asserted that Defendants had violated the Unfair Trade Practices and Consumer Protection Law (UTPCPL) and the Home Improvement Consumer Protection Act (HICPA), and sought equitable relief, restitution, and costs for harm caused to a consumer-homeowner.
Trial Court’s Decision
The AG’s office had a good day in court.
Ultimately, in Office of Attorney Gen. v. Harth & Sons Gen. Contracting, the court: “enjoined Harth from engaging in the acts and practices alleged in the [c]omplaint and other acts and practices violative of the UTPCPL and HICPA.” The court further enjoined, for a period of five (5) years from the date of the Order, Harth from applying for registration as a home improvement contractor under HICPA and from engaging in business as a home improvement contractor under HICPA.
But there was more.
Order to Pay Money
The Court in Office of Attorney Gen. v. Harth & Sons Gen. Contracting further ordered Defendants to pay restitution in the amount of $59,173.59 to the Commonwealth for distribution to various consumers aggrieved by the actions of the Plaintiffs as alleged in the Complaint. What’s more, the court ordered Harth to pay civil penalties in the amount of $28,000.00. Lastly, the Court ordered Harth to reimburse the Commonwealth for certain enumerated costs, in a total amount associated with the Commonwealth’s prosecution of the action.
In the end, while the AG’s office almost never proceeds through the courts, here, the action was decisive, significant, and impactful.
Conclusions
While prosecution for home improvement fraud does occur, it’s very uncommon. More likely, the aggrieved homeowner will need to hire a civil lawyer to prosecute the matter. Contact a Pittsburgh lawyer at our Western PA for a $200 consultation to speak for up to one hour to evaluate your claims and the ability to collect money for you in your case.
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