Civil Suit Filed Against Builder

A civil lawsuit has been brought against a Warsaw man by Indiana Attorney General Steve Carter and deputy Roy P. Coffey.

Cary Smith and his construction company, Explorer Construction, Warsaw, are being sued for restitution to two customers totaling nearly $30,000 plus court costs. The state also is seeking a judgment mandating Smith operate under strict guidelines in the future.

According to the suit, a Wabash family hired Explorer Construction to build them a $156,000 house. A $21,065.60 deposit was paid to start construction. Smith reportedly did minimal work then quit construction and refused to complete the job. No refund was offered.

A second family hired the company to do interior construction work on their home for $8,300. They paid $6,800 and allegedly only minimal work was done before Smith reportedly refused to finish the job.

The state alleges that Smith's contracts with both families were invalid for reasons including the alleged lack of contact telephone numbers, contract guidelines and legible supplier name. By leaving these things out, Smith reportedly violated the Home Improvements Contracts Act. The state also alleges Smith violated the Home Solicitation Sales and the Deceptive Consumer Sales acts.

Restitution to both victims, $500 fines on each legal violation and an order requiring specific guidelines for future contracts are requested in the suit.