Asphalt company banned from doing business in Kansas

A paving company must repay a Leavenworth County resident and is now banned from doing business in Kansas, according to a news release Thursday from Attorney General Derek Schmidt.

The release said Leavenworth County District Court Judge David King last week ordered Carl Bailey and Mike Gaede to repay a customer the $17,500 he had paid them, doing business as Baileys Construction and CTC Construction, to pave his driveway.

In March 2012, the defendants approached the consumer at his residence and asked if he would like them to pave his driveway with asphalt. They told the man he was getting a good deal because the asphalt materials were left over from a previous job. Before the paving was complete, the defendants demanded payment of $1,750. The man agreed, but asked the defendants to fill out the check because he was unable to write well. They filled out the check for $17,500.

King found the defendants presented the consumer with an invoice that contained no business address or notice of the consumers right to cancel. The defendants also failed to inform the consumer verbally of his three-day right to cancel and cashed the check before waiting the required five business days. The judge found their actions were in violation of the Kansas Consumer Protection Act.

The judge also ordered Bailey and Gaede to pay a $100,000 civil penalty, and refrain from engaging in business activity in the state.

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Asphalt company banned from doing business in Kansas