Local Company allegedly violates Consumer Credit and Protection Act
A Monongalia County-based contractor is accused by Attorney General Patrick Morrisey of violating the West Virginia Consumer Credit and Protection Act.
According to the lawsuit, Hawkins Construction LLC is “an empty shell that owns no assets, no property, and has no office other than the personal residence of the individual defendants.”
The company was organized by Tyson Hawkins and Christy Holipsky, who are both named as defendants.
The attorney general’s office started looking into Hawkins Construction after a complaint by Stan Shinkovich, of Morgantown.
Shinkovich hired the company in August 2018 to replace his roof for $12,000. According to the suit, he entered into the contract verbally with Hawkins, who did not provide a written contract or notify Shinkovich of his 3-day right to cancel the work — both required by law.
After the roof work was done, Shinkovich noticed problems including leaking, the suit says. He contacted Hawkins, but nothing was done, and Hawkins ultimately stopped responding.
Another contractor was hired to evaluate the work, who determined the work was “not commensurate with acceptable construction standards” and the roof would need to be replaced for $11,300.
Hawkins told a senior assistant attorney general that the work he did for Shinkovich “did not meet acceptable standards,” the suit says. He also confirmed he does not use written contracts or provide notice of the 3-day right to cancel.
He agreed Shinkovich deserved a refund but said he couldn’t afford to pay until Spring 2020 when work resumed, according to the suit. No payments have been made as of the filing of the suit, the suit said.
Hawkins is also accused of entering a contract to replace a roof in Arthurdale in January 2020 while his contractor’s license was expired. Hawkins renewed his license in October 2020, the suit said.
However, the licensing board said license renewals are not retroactive reinstatements.
The defendants face up to $5,000 in fines for each violation. Morrisey is also seeking a $11,300 judgement for Shinkovich, as well as the costs of the investigation and litigation.
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