A group of Northeast Wisconsin homeowners say they handed thousands of dollars in deposits to Exterior Solutions for roof, siding and window jobs after this summer's hail storms, and that the work never happened (via WBAY). Sheriff's offices in Kewaunee and Shawano counties have confirmed they're investigating, and the state's consumer protection agency says it has opened a case of its own.
WBAY reporter Matthew Draxton found the complaints run through a group text chat of roughly 20 former customers. He reached out to 19 of them, and six confirmed similar experiences. The station said it has also heard from former clients in Brown and Door counties. No criminal charges have been reported.
Carol Cramer and her husband signed a contract for roof work on Aug. 7 and wrote a check for $7,913.99 on Aug. 12, according to WBAY. Work was supposed to start in September. On Sept. 18, a sales representative told Cramer he no longer worked for the company and that owner Dustin Marks was filing for bankruptcy.
Cramer, who is retired and on a fixed income, told the station she and her husband now have to pay for the roof out of their own pocket. She said she tried email, voicemail and Facebook, then went to Marks' home, where his wife told her about the group chat other customers had started. Cramer reported the matter to the Brown County Sheriff's Office and to the Wisconsin Department of Agriculture, Trade and Consumer Protection, which confirmed to WBAY that it has opened an investigation.
James and Joanne Menard's story follows a similar arc. They signed a siding contract on May 28 and gave a $9,885 deposit on June 1, and the check was deposited the same day. The start date slid from July 29 to Aug. 24 to Sept. 7, with the company pointing at a salesman, fires in Canada and rain. By Sept. 7, calls and messages went unanswered. On Sept. 14, Marks messaged the couple and told them to direct everything to his bankruptcy attorney.
Joanne Menard told WBAY she learned through the group that some customers had signed contracts as early as March. The Menards reported the case to the Shawano County Sheriff's Office and sued in Brown County small claims court for $10,024.50. Marks didn't show up for the Oct. 26 hearing, and the court entered a judgment ordering him to pay.
A third couple paid a $3,300 deposit for replacement windows on July 10, according to Brown County court records cited by WBAY. They filed a claim in September, and after Marks missed hearings on Oct. 7 and Nov. 9, a judge ordered him to pay $5,800. The same records show that on the day that deposit was paid, Marks paid off a business tax warrant of more than $22,000, and two days later another of more than $21,000.
Marks talked with WBAY by phone on Oct. 7 and described Exterior Solutions as a family-owned business "going through extensive personal problems." The station said it contacted his attorney, the Law Office of John A. Foscato, several times without a response. WBAY called it a developing story.
Wisconsin's home improvement rules, ATCP 110, speak directly to deposits. A contractor who takes money before the job is done needs a written contract, and the customer gets a copy before any payment is accepted. That contract has to include start and completion dates. Prepayments can only be used for that job's materials and labor, and a contractor can't take payment for work it doesn't intend to do. If a deadline is going to slip, the contractor owes the customer timely notice with the reason and new proposed dates. When deadlines pass without notice, the homeowner can cancel and demand back any payments not yet spent on the job, due within 15 days of the demand.
Why it matters for Contractors
No one has been charged, and beyond Marks' brief comment to WBAY, the company's side hasn't been heard. But stories like this land on every roofer and exterior shop in the region. When homeowners get burned on a deposit, the next legitimate contractor through the door pays for it in suspicion.
The rules give honest shops an easy way to stand out. Put every deposit job in a written contract with real start and finish dates, hand the customer a copy before you take a check, and keep their deposit tied to their materials. If weather or supply trouble pushes a start date, tell the customer in writing and get their sign-off on the new dates. Offering lien waivers with each payment, which DATCP specifically tells storm victims to ask for, costs you little and answers a lot of questions before they're asked.