Ed Smith, a 73-year-old Operation Desert Storm veteran in Kansas City who has mobility issues and needs accessible care, paid roughly $157,000 from his retirement funds to a Blue Springs contractor to build an additional dwelling unit on his family's second lot. More than a year later, the project sits mostly stalled, with a hole dug in the wrong spot in the backyard and little more than a concrete form, aging wood boards, insulation and exposed rebar to show for the money.
According to FOX 4 Kansas City WDAF-TV, Smith's daughter Evan Smith moved back to Kansas City from Oregon with her husband and son and is now raising two young children with her husband. After collecting five bids from local Kansas City contractors, the family hired Joshua Fontes, owner of Quality Custom Construction, to build the unit. The Smiths have since filed a police report with the Kansas City Police Department and a complaint with the Missouri Attorney General's Office, and Ed Smith has described the situation as heartbreaking and possibly criminal activity.
Contractor Blames Kansas City Permits for the Delays
Fontes, who primarily works in Blue Springs, told the outlet that obtaining a building permit in Kansas City was difficult and that building in the city is harder than elsewhere. He said he took machinery to the property and completed ground work, and he claimed he had completed $100,000 worth of work without permits, with labor making up the largest share of the project's cost.
Fontes had received approximately 68% of the contract payments, and he estimated the project could still yield a return of about $50,000 to $60,000 from the work already completed. The project, however, has remained mostly stalled since.
Builder Says Finished Work Is Worth $20,000 at Most
Joe Christensen, a home builder who has worked across the Kansas City metro for 15 years and serves as president of the Home Builders Association of Greater Kansas City, told the outlet he valued the completed work at $20,000 at most. He said Kansas City is somewhat more difficult for obtaining permits than other jurisdictions, but that permitting difficulty is no excuse for a contractor to avoid the law — a contractor, he said, must abide by the law and build.
Family Pushes for a Detective as Records Requests Drag On
The Smith family requested a repayment agreement from Fontes, and per the same report he never replied to it; earlier, he had promised to secure a loan to refund the Smiths' money. Evan Smith has asked that the case be assigned to a detective, but the Kansas City Police Department has not yet assigned one. KCPD Sergeant Phil DiMartino said investigators aim for accuracy, and the department's investigative process can take months to receive financial records in economic-activity cases like this one.
Missouri's Licensing Gap and Kansas City's ADU Rules
Missouri does not issue a statewide general contractor license, leaving contractor registration and enforcement almost entirely to individual municipalities, according to Adapt Digital Solutions. Quality Custom Construction LLC is listed by the Better Business Bureau as unaccredited and has a BBB file.
Kansas City's own accessory dwelling unit rules require permits and plan approvals before any structural, foundation or accessory work begins, managed through its digital Compass KC portal, per PermitFlow.
Elder Exploitation and Theft-by-Deception Statutes Loom
Under the Missouri Merchandising Practices Act, victims of deceptive home-repair promises can pursue state enforcement or private civil lawsuits seeking actual damages, possible punitive damages and attorney's fees, according to LG Law LLC. Missouri law also classifies financial exploitation of a person 60 or older as a Class A felony once the property value reaches $75,000, while theft by deceit of $25,000 or more is a Class C felony, according to Justia Law — thresholds that would cover the roughly $157,000 the Smith family says it paid.
Prosecutors, however, must prove a contractor accepted money with no intention of ever completing the work, rather than simply running into delays, which is why economic-crime cases like this often move slowly, according to KC Defense Counsel. It remains unclear whether Kansas City police will open a formal criminal investigation or whether the state will take enforcement action.
A Familiar Pattern in Missouri Home-Repair Complaints
Construction and remodeling disputes are among the most common consumer complaints statewide, with the Missouri Attorney General's Office logging 1,989 home-repair and construction complaints in 2022 alone and mediating more than $15 million in consumer restitution that year. In October 2024, the office secured $131,022 in restitution and more than $17,000 in civil penalties against a Clay County contractor who took upfront payments for renovations and never finished the work.
The Missouri Attorney General's Office has addressed consumer complaints involving real estate and construction, including home-repair contractors.
For now, the Smith family says it is focused on recovering Ed Smith's lost life savings and holding someone accountable. The backyard lot remains largely as it was left — a stalled foundation and a father's retirement, both waiting on an answer.
