Attorney General's News Release

March 18, 2005

Attorney General Nixon sues Iron County construction business for collecting cash, failing to do work

Farmington, Mo. — Attorney General Jay Nixon today filed a lawsuit against an Annapolis-based construction company for collecting nearly $25,000 in deposits from several Leadbelt-area residents for home improvement work that was never done.

The lawsuit filed in St. Francois County Circuit Court names Mike and Sherri Mullery, of Annapolis, doing business as Mike Mullery's Construction, Mullery's, and Mullery's Home Improvement. They are alleged to have violated the Missouri Merchandising Practices Act by collecting deposits for home improvement work that was not performed, and in one instance, doing work that was substandard.

"When Missouri homeowners in good faith contract for work to be done on their residences, they have a reasonable expectation for that work to be done in a timely manner and to industry specifications," Nixon said. "This is an instance where more than a half-dozen Missourians failed to receive the work they paid for, and were ignored when requests were made for refunds. We were left no alternative but to take legal action."

The lawsuit states that since 2001, the Mullerys have advertised for their home improvement services — in spite of the fact that they are not registered with Missouri Secretary of State's Office. They have accepted down payments ranging from $625 to $6,000 for home improvement work from seven homeowners totaling $24,700 — work that in most cases was never performed.

Nixon is asking the court to issue an injunction ordering the Mullerys to comply with Missouri's consumer protection laws and to pay restitution to all aggrieved parties. He is also asking the court to impose a civil penalty of up to $1,000 per violation, and a penalty equal to 10 percent of total restitution.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to the Press Secretary.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818