Home Depot Class Action: Contractor Work Performed Without a License

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An Ohio couple claims Home Depot has been illegally performing construction and general contracting services without a license.

Plaintiffs Frances and Dennis Hido claim that defendant Home Depot USA Inc. has been deceiving Ohio homeowners by offering general contracting services in that state.

In fact, the Hidos claim, Home Depot has not satisfied any of the licensing and bonding requirements necessary to operate as a general contractor in Ohio.

According to the Hidos, Home Depot’s corporate registration with the Ohio is solely for the purpose of “[o]peration of Retail Home Improvement Stores.” They say the company has made no effort to seek licensing to perform construction services or to operate as a general contractor.

The Hidos say they hired Home Depot to complete a kitchen renovation project in their home in Sagamore Hills, Ohio, paying the company tens of thousands of dollars. Home Depot subcontracted the work – which they say included electrical, drywall, carpentry, cabinet installation, and other work – to one or more subcontractors.

But because Home Depot is not licenesd and bonded as a general contractor, the Hidos claim, their renovation project flew under the radar of local government inspectors.

“As a result of never obtaining licensing or permits, Home Depot’s work goes uninspected. Governmental building departments do not know what to inspect because they are unaware of the projects,” the Hidos allege.

“Electrical, plumbing, and other significant construction is thus never performed in a code-compliant manner, and potential dangers, including electrical or plumbing dangers that could be life-threatening dangers, remain hidden and unnoticed,” the Home Depot class action states.

The Hidos claim that without proper licensing, Home Depot has been illegally holding itself out as a general contractor. They argue the company cannot legally accept payment for contracting work without the proper licensing and permits.

Among other claims, the Home Depot class action lawsuit raises claims for breach of contract and for violation of the consumer protection laws of Ohio state and Summit County.

The Hidos are proposing to represent a statewide plaintiff Class that would include all Ohio property owners who bought remodeling or property improvement services from Home Depot that involved Home Depot providing services on an Ohio property for which the company was not registered or licensed, or for which the company did not apply for a building permit before beginning the work.

They also propose subclasses that would cover Class Members who purchased such services for their residential property. The plaintiffs estimate that Class Members could number in the hundreds and possibly thousands.

They are asking the court for an order nullifying any further obligations between Home Depot and the Class Members and requiring Home Depot to return to the Class Members all money collected for construction or renovation projects that required either a permit or registration when Home Depot had neither. They also seek an award of actual damages, court costs and attorneys’ fees, all with pre- and post-judgment interest.

The Hidos are represented by attorneys Daniel J. Myers and Samantha A. Vajskop of Myers Law LLC and by Joseph A. Condeni of Condeni Law LLC.

The Home Depot Unlicensed General Contracting Class Action Lawsuit is Frances Hido and Dennis Hido v. Home Depot USA Inc., Case No. 5:17-cv-01116, in the U.S. District Court for the Northern District of Ohio.