The Ohio Court of Appeals has upheld a lower court's decision to award treble damages and attorney fees to Angela Cetorelli in her dispute with Duell Action Builders, LLC. The court's ruling, issued on July 22, 2026, affects homeowners who may find themselves in similar situations when hiring contractors for home renovations. The case highlights the importance of consumer protection laws in the home improvement industry.
In the case, docket number 2025CA00130, Cetorelli, a homeowner, entered into a contract with Duell Action Builders for roofing and home renovation services. After experiencing numerous issues with the work performed, she sought legal recourse. The Stark County Court of Common Pleas initially ruled in her favor, awarding her $123,218.50, which included treble damages and attorney fees.
The dispute began in March 2022 when Cetorelli sought a contractor to perform interior work on her home. She found Duell Action Builders through Angi's List and was visited by Karl Jay Duell, the owner. During the visit, Duell suggested that her roof needed work and provided an estimate that included a five-year warranty for workmanship. However, this warranty was later omitted from the final contract without Cetorelli's knowledge. The work was performed by subcontractors, which Duell also failed to disclose.
After the work was completed, Cetorelli reported multiple issues, including wavy shingles and poorly installed gutters. Despite her complaints, Duell was unresponsive and argumentative. Eventually, Cetorelli sought the opinion of an independent roofing expert, who confirmed that the work was subpar and recommended a complete roof replacement. Following this, Cetorelli filed a lawsuit in June 2022, claiming violations of the Ohio Consumer Sales Practices Act (CSPA) and the Ohio Home Sales Solicitation Act (HSSA).
The trial court found that Duell Action Builders had violated both the CSPA and HSSA by failing to provide a notice of cancellation and by not performing the work in a workmanlike manner. The court awarded Cetorelli treble damages of $57,000 and attorney fees totaling $66,218.50, bringing the total judgment to $123,218.50. Duell and his company appealed the decision, arguing that the remedies under the HSSA and CSPA were mutually exclusive and that the trial court had erred in its findings.
In its ruling, the Ohio Court of Appeals affirmed the trial court's decision. The court stated, "The Appellants failed to provide the required notice and did not refund the money, clearly violating the HSSA and the CSPA." The judges noted that the lack of a notice of cancellation meant that Cetorelli's right to cancel the contract did not expire, and she was entitled to pursue her claims under both statutes.
This ruling is significant for consumers, as it reinforces the protections afforded to homeowners under Ohio law when dealing with contractors. It emphasizes that contractors must adhere to consumer protection laws and cannot evade responsibility by failing to disclose important information about their services.
The court's decision also clarifies the relationship between the HSSA and CSPA, indicating that while the two statutes provide different remedies, they can be pursued simultaneously under certain circumstances. This is particularly relevant for homeowners who may feel misled or taken advantage of by contractors.
Looking ahead, this ruling may set a precedent for future cases involving home improvement contracts in Ohio. It underscores the importance of transparency and accountability in the contracting process and may encourage more homeowners to seek legal recourse when faced with similar issues.
As for the defendants, Duell Action Builders and Karl Jay Duell, they may consider appealing the ruling to the Ohio Supreme Court. However, details on whether they will pursue this option were not available in the court filing. The outcome of this case serves as a reminder for contractors to operate with integrity and for consumers to be vigilant in protecting their rights.