Wichita man fined $37K after shoddy work on patio covers left couple’s home leaking
A Wichita man whose shoddy work installing two custom patio covers left water leaking in a customer’s attic and other problems has been ordered to pay more than $37,000 in fines, fees and restitution following a civil bench trial.
Sedgwick County Judge Kevin Mark Smith last week ruled James Duane Beaman must refund $6,860 to the local couple that hired him for the project, plus pay $30,000 in civil penalties and the Sedgwick County District Attorney’s Office’s investigative costs, according to a news release from the DA’s Office and court records.
Beaman operated without a license, failed to obtain proper work permits, didn’t tell the customers they could cancel their contract within three days and “failed to provide a material benefit to the consumers,” the DA’s news release says. He operated out of his Wichita home under the names Duane Beaman and Kansas Custom Carports and Patio Covers.
“At trial, Judge Smith found Beaman’s acts were both deceptive and unconscionable violations of the KCPA (Kansas Consumer Protection Act),” the news release says.
Reached Tuesday by phone, Beaman said the DA’s Office has inaccurate information about his work.
“They falsified a bunch of stuff on that. I’m trying to do an appeal,” he said then hung up when The Eagle asked for specifics about the claims. He didn’t answer a return call.
The complaint filed in the case alleges Beaman sold services to the couple for their home in June 2019 and told them he was licensed and insured to do the work. The couple paid a total of $6,860 across three installments in June and July 2019.
Beaman “failed to install flashing on the patio cover and instead added caulking to fill in gaps between the patio cover and the house,” causing rainwater to leak inside, the complaint alleges.
Beaman also “failed to pour the concrete posts at least 30” (inches) as required by code,” didn’t install fasteners on the patio cover every foot and “failed to return to the job to fix any of the issues,” the complaint says.
The couple contacted the District Attorney’s Office on Aug. 14, 2019.
During the Nov. 9 trial, Beaman “admitted he was not licensed when he contracted to install two patio covers and never obtained any permits,” the DA’s news release says. Among other problems the judge found were that the covers caused water leaks, were missing hail protectors, weren’t installed deep enough to withstand high winds and that one was installed so low it had to be removed to replace a door.
The judge also found “the poor workmanship resulted in the consumers being unable to hire a licensed contractor to mitigate the problems with the installation,” the DA’s news release says.
In addition to the restitution and fines, the judge ordered Beaman to stop operating his business until he obtained the required licenses.