Contractor Fraud: $222,000 in Treble Damages for Shoddy Roof Work

Home improvement disputes are among the most common consumer complaints in Bucks County. When a contractor does poor work, homeowners often feel like they have limited recourse. But Brandt v. Master Force Construction Corp., 236 A.3d 1112 (Pa. Super. 2020), demonstrates the teeth that Pennsylvania’s consumer protection laws can bring to these disputes.

The Facts

The Brandts hired Master Force Construction to replace their roof. After the work was completed, the roof leaked. The contractor claimed to have fixed the problem, but the leaks continued. The Brandts eventually hired a different contractor who discovered that the original work was deficient.

During litigation, the Brandts discovered something worse: Master Force had secretly subcontracted the work to another company without disclosing this to the Brandts, and had used inappropriate roofing materials. Both of these actions violated the Home Improvement Consumer Protection Act (HICPA), 73 P.S. section 517.1 et seq.

The Result

The trial court found that Master Force violated both HICPA and the UTPCPL (73 P.S. section 201-1 et seq.) and awarded the Brandts treble damages of $222,648.15 plus attorney fees of $195,159.20. The Superior Court affirmed on all issues.

The specific HICPA violations included failing to disclose the use of a subcontractor and concealing the subcontractor’s identity, both of which are prohibited under 73 P.S. sections 517.9(8)(ii) and (iii).

Why This Matters

Brandt illustrates several important points for homeowners dealing with contractor problems:

First, the damages can be substantial. Treble damages mean the court triples the actual harm. Combined with attorney fees, which HICPA and the UTPCPL both authorize, the contractor’s liability can far exceed the cost of the original job.

Second, what makes a case strong is often not just the poor workmanship itself, but what the contractor did or failed to disclose. Secret subcontracting, use of materials that do not meet code or contract specifications, and failure to provide the disclosures required by HICPA all convert a breach-of-contract dispute into a consumer protection case with treble damages and fee-shifting.

Third, attorney fees are recoverable. This means that the economics of pursuing a contractor who did $50,000 in damage change significantly when you know that your legal fees will be paid by the contractor if you prevail.

Protecting Yourself

Before hiring a contractor for a significant home improvement project, verify that their contract complies with HICPA’s requirements. The contract should identify the contractor, include a start and completion date, describe the work and materials, state the total price, and include notice of your right to cancel. If the contractor will use subcontractors, that should be disclosed. If any of these elements are missing, you may have grounds for a HICPA claim before the first nail is driven.

If you are already dealing with a contractor dispute, contact our office to evaluate your options.