Southwest Kansas man, construction business ordered to pay $10,000 in restitution

TOPEKA, Kan. (KWCH) – A southwest Kansas man who operated a home improvement business has been ordered to pay $10,000 in restitution for alleged violations of the Kansas Consumer Protection Act, Attorney General Derek Schmidt said Monday.

Aureliano Pena, of Liberal, doing business as Aureliano’s Home Improvement, agreed in a consent judgment to repay $10,000 to a southwest Kansas consumer. Shawnee County District Court Judge Teresa L. Watson also ordered Pena to repay the attorney general’s office for the cost of its investigation and to comply with state laws in the future.

The attorney general’s investigation discovered that on March 14, 2019, Pena accepted a proposal to remodel and repair the interior and exterior of a residence in Liberal. Pena was paid $20,000 for the project and partially demolished the interior of the residence and then abandoned the project, according to the attorney general’s office. The $10,000 in restitution represents the amount of work that was not performed on the project.

Pena is alleged to have violated the KCPA by misrepresenting the work that would be performed and abandoning the project before completion after receiving advance payment; failed to pay subcontractors for replacement and repair of electrical and plumbing that did not meet building codes; willfully taking advantage of a consumer who could not protect their interest and failure to provide a material benefit in compliance with the contract with the consumer.

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