NASHVILLE — A metal roofing contractor faces charges of fraud, though his attorney argues there’s no proof he owns the company.
NBC-affiliated WSMV shared the details of the muddy case on Thursday, reporting that the Metropolitan Nashville Police Department (MNPD) charged James Kenton, who they say owns Tennessee Metal Roofing, with home improvement fraud.
The charges stem from a complaint made by a man living in Antioch, who said he received a quote of $11,990 for a new metal roof in April and made a down payment of $1,190 and signed a contract. Following an inspection, however, the company said a new contract would need to be drawn up, which was more expensive than the original. The complainant refused to sign and requested a refund.
The complainant mailed the company in May asking for a refund but did not receive a response, prompting him to file a police report. Police investigated and found Kenton opened a business account under Tennessee Metal Roofing and deposited the check. The victim stated no work was ever completed on his home.
“What we see a lot is — these border on civil and criminal, and not all home improvement issues are a crime. But we do have statutes to protect homeowners,” Sgt. Michael Warren of the MNPD told WSMV. “And so, in this case, it does meet the criminal statute because he was given the amount of time and he was totally refused a refund of his down payment.”
Kenton’s attorney, Joe Calvert, argued that he doesn’t know how the MNPD could know who the owner of an incorporated business is and is waiting on proof that shows Kenton is the owner of the specific roofing company.
“I await any documentation that shows Mr. Kenton is the owner of the specific Tennessee Metal Roofing, Inc. corporation in any status other than a partial shareholder, information to which the police would not have access,” Calvert said in a statement to WSMV. "I would also want to see any proof of 'intent,' which is required by the statute."