Contractor Roof Fraud: $222K Treble Damages

Home improvement disputes are among the most common consumer complaints in Bucks County. When a contractor does poor work, homeowners often feel they have limited recourse. But Brandt v. Master Force Construction Corp., 236 A.3d 1112 (Pa. Super. 2020), a non-precedential memorandum decision citable only for its persuasive value under Pa.R.A.P. 126(b), shows the teeth Pennsylvania’s consumer protection laws can bring to these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 finished, the roof leaked. The contractor claimed to have fixed the problem, but the leaks continued. The Brandts eventually hired a different contractor who found the original work was deficient.

During litigation, the Brandts discovered something worse: Master Force had secretly subcontracted the work to another company without disclosing it, and had used inappropriate roofing materials. Both 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 deceptive conduct included secretly subcontracting the work to another contractor and installing a materially inferior product. HICPA requires a home improvement contract to list the names, addresses, and telephone numbers of all subcontractors known at signing, 73 P.S. section 517.7(a)(10), and any violation of HICPA is itself a violation of the UTPCPL, 73 P.S. section 517.10, which is what opened the door to treble damages here.

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 the UTPCPL authorizes and which a HICPA claim reaches because every HICPA violation is also a UTPCPL violation, the contractor’s liability can far exceed the cost of the original job.

Second, what makes a case strong is often not 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 HICPA requires all convert a breach-of-contract dispute into a consumer protection case with treble damages and fee-shifting.

Third, attorney fees are recoverable. The economics of pursuing a contractor who did $50,000 in damage change significantly when you know the contractor will pay your legal fees 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.