Atty general files suit against local contractor

Ohio Attorney General Dave Yost filed a lawsuit in Carroll County Common Pleas Court last week against a Carroll County contractor for violations of the Consumer Sale Practices Act (CSPA).

The complaint was filed against Augustine A. Musisca of 6048 Mackel Rd. NE, Carrollton, Musisca Construction Company and Musisca & Sons Construction, LLC.

According to the company’s Better Business Profile, Musisca Construction company was established in September 2022 as a home improvement construction company that provided basement and bathroom remodels, home additions and outdoor work including building outdoor sheds.

The complaint said company officials told customers they would complete projects and then failed to deliver some of those services and goods within eight weeks in Carroll and other counties in Ohio. 

The complaint states Musisca accepted money from customers and failed to deliver the goods or provide the service. In at least one case, the Musisca began the projects but did not complete the work. In another case, the company provided “shoddy work and substandard services” and failed to correct the work. Yost said the company did not provide refunds when the work was not completed.

In another case, the company owner misrepresented to a consumer they did not need to obtain a permit for the work, when in fact the city required a permit and, in another case, the company accepted payments from consumers and began work at the consumers’ residences before first securing the required permits, registrations or licenses needed to perform the contracted work.

Yost is alleging the company violated the CSPA by:

•Failing to deliver on the goods and services they accepted money for within eight weeks and did not provide refunds.

•Performing shoddy and substandard work.

•Failed to obtain permits for work as required by county, township or municipal ordinances.

•Failed to register as a contractor in municipalities which requested registration prior to commencing work.

•Made false or misleading statements regarding the status of home improvement and construction goods and services.

The attorney general is seeking declaratory judgment that each of the above practices violates the CSPA, a permanent injunction prohibiting the defendants from  further violating the CSPA, an order that defendants pay actual damages to all consumers injured by the conduct of the company, access a civil penalty of up to $25,000 for each violation and issue an injunction prohibiting the company from engaging in business as a supplier in any consumer transactions in Ohio until such time as all monetary obligations ordered are satisfied.