April 20, 2024
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By AMY RENEE LEIKER

A customer complaint claims that the owner and employees of a Wichita company failed to finish roofing work in early this year.

Sedgwick County District Attorney’s Office has now demanded payment from business.

According to a petition filed on June 21, in Sedgwick County District Court, Brett S. Olivier of Mid-Continent Roofing and Restoration LLC in Wichita allegedly engaged in “unlawful practices and acts” by failing to provide work, services, or any other material benefit to a Wichita resident who had been referred by a close friend to this business. The petition alleged that Mid-Continent Roofing and Restoration LLC and Brett S. Olivier had violated the Kansas Consumer Protection Act. This act is designed to prevent deceptive and unconscionable business practices and give consumers the legal right to sue.

The Eagle was not able to reach Olivier by email when they called the number on Mid-Continent’s website. By Friday afternoon, Olivier and his company had not responded to the DA lawsuit. There were no attorneys listed for them.

Jason Roach is the chief attorney of the Consumer Protection Division for the DA. According to an email dated July 19, the customer had not received a refund either from Olivier nor Mid-Continent.

Roach stated that two consumer complaints against Olivier’s business and him were resolved as a direct result of the compliance with our demand letter. Neither business was currently under investigation.

Roach stated, “We work to help businesses resolve complaints from consumers.” But litigation can be necessary in some cases to protect communities and make suppliers responsible.

According to the petition of the DA:

The Wichita resident, after meeting Olivier and Mid-Continent in October 2022, wrote him a check of $13,205.65.

Olivier assured that the contract would be finished by February 17 weekend.

Mid-Continent and Olivier failed to “complete” the contract by the weekend. Olivier then told the client he’d do it at the next weekend.

He also did not obtain a residential roofing permit from the Metropolitan Area Building and Construction Department.

He requested a reimbursement on February 21, but it was refused.

Olivier recommended that the client hire another roofer to finish the work. This skilled roofer purchased materials, and then referred to other firms for the gutter and labor installation. Roofer asked customer to directly pay material suppliers, labor companies and gutter installers, totalling $12,204.78.

The man made a formal complaint in April 2023 against Mid-Continent.

In an email dated May 6, Olivier wrote to a DA’s Office Investigator that “receipts” for crews and materials would be reimbursed if “the customer provides receipts.” Olivier refused to comply with a demand for a refund from the DA’s Office.

The Kansas Consumer Protection Act is being violated by Mid-Continent and Olivier. They are now facing a lawsuit, in which the DA wants to fine the companies $20,000 for their violation and to order that they refund customer money and pay court and investigative costs.

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