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Attorney General Josh Stein Sues Triangle Contractor

For Immediate Release:
Wednesday, February 22, 2023

Contact: Nazneen Ahmed

(RALEIGH) Attorney General Josh Stein today sued Roger Dale Simmons for allegedly running a contracting fraud scheme targeting Triangle-area homeowners. The North Carolina Department of Justice’s Consumer Protection Division received 10 complaints about Simmons that totaled more than $136,600 in losses.

“This bad actor has repeatedly taken advantage of North Carolinians who hired and trusted him to do significant work on their homes,” said Attorney General Josh Stein. “I’m taking him to court to stop him from scamming more homeowners. If you or someone you know has been a victim of fraud by this sham contractor, please file a complaint with my office.”

Simmons is an unlicensed general contractor who has operated unregistered businesses under the names Modish Remodeling, Deck Ace, and Deck Ace Handyman Services. Attorney General Stein’s lawsuit alleges that Simmons takes money from people to complete significant projects, such as building rooms or porches, but doesn’t get the necessary building permits and inspections. Simmons demands advance payment for specific stages of the work even though he has failed to complete the items for which he collected previous payments. Once he receives his last payment, he abandons the project, which forces customers to hire a new contractor. Much of Simmons’ work is shoddy, unsafe, and not up to code, so the new contractor often has to tear down most of Simmons’ work and redo the job. Many of Simmons’ victims live in Cary and Apex.

Simmons has previously had legal issues as a result of unlicensed contracting work and in 2019 was barred by the NC Licensing Board for General Contractors from practicing general contracting in North Carolina until he was properly licensed. Attorney General Stein’s lawsuit alleges that Simmons has violated that order. Simmons has also been convicted and incarcerated for criminal charges similar to the conduct alleged in this case. He was most recently incarcerated from February to August 2019.

Attorney General Stein is seeking a temporary restraining order, preliminary and permanent injunctions, restitution for consumers, and other monetary penalties. If you believe you or someone you know has been treated unlawfully by Simmons, please file a consumer complaint with our office at or 1-877-5-NO-SCAM.

A copy of the legal complaint against Simmons is available here.


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