Attorney General Nessel Files Lawsuit Against Construction Company for Alleged Consumer Violations

LANSING – Michigan Attorney General Dana Nessel has filed a lawsuit (PDF) against Hummingbird Construction Co., LLC and its owner, Matthew Ashline, for allegedly ripping off multiple customers by accepting deposits for construction projects never started and then failing to return the funds. The lawsuit, filed in Washtenaw County Circuit Court, claims this conduct violated the Michigan Consumer Protection Act and is asking the Court to dissolve Hummingbird Construction and require it and Ashline to repay affected customers. 

Attorney General Nessel contends in the lawsuit that Ashline collected deposits from customers in St. Clair, Monroe, Eaton and Washtenaw Counties to begin construction projects but failed to initiate the contracted work. In multiple cases, despite repeated requests from the consumers for refunds, Ashline allegedly delayed repayment or failed to return deposits. 

In one case, a customer allegedly paid a $8,000 deposit in July 2024 for roof and porch repairs that never began, receiving a refund only after filing a police complaint months later. Another customer reportedly paid a $7,000 deposit in February 2025 for a roof replacement and has yet to see work begin or his deposit returned.  

Similar incidents were reported by others who paid $5,000 in January and April 2025 for porch and roof work that never materialized. Hummingbird also allegedly received $162,000 in deposits throughout this year to construct a new home, which has been repeatedly delayed with no refund to date. 

“Construction projects are a major investment, and consumers deserve to be treated honestly and fairly when hiring a business to perform work on their homes,” Nessel said. “Contractors cannot take thousands of dollars in deposits and then disappear. Where possible, given the constraints we have under the Consumer Protection Act, my office will hold bad actors who exploit Michigan residents accountable.” 

Michigan Attorney General Dana Nessel is also reissuing her consumer alert offering advice on building and remodeling. While many consumers are naturally suspicious of offers made by door-to-door sellers, Attorney General Nessel emphasizes that careful vetting of contractors and home improvement companies is essential to protecting financial well-being and peace of mind. 

To avoid costly mistakes, Attorney General Nessel urges consumers to:  

• Resist high-pressure sales tactics.  
• Always ask if the contractor is licensed and insured – and demand to see proof.  
• Check to see if the contractor has been disciplined or if the license has been suspended or revoked on Bureau of Professional Licensing's website.  
• Seek two or three written estimates for the work and carefully compare the services and materials with the price. 
• Check on consumer complaints through the Better Business Bureau and the Attorney General's Consumer Protection Team.  
• Get references.  
• Get a written contract.  
• Read all the small print on any form contract that is supplied by the contractor.  
• Be aware of arbitration clauses in your contract. 
• Get required building permits. Make sure the contract is clear on whether the contractor will obtain any needed permits or whether that is your responsibility. 
• Arrange for payments to be made as parts of the job are completed. Make down payments or deposits using a credit card that offers fraud protection, where possible, and avoid using cash. 

In the event of a dispute, consumers can file a written complaint with the Michigan Department of Licensing & Regulatory Affairs, Bureau of Professional Licensing for complaints against licensed contractors. If the contractor is not licensed and is required to be, contact the Bureau of Professional Licensing or local authorities, because failure to obtain a license may constitute a violation of criminal law.  

If the contractor is not required to be licensed, consumers may file a written complaint with the Attorney General's Consumer Protection Team and the Better Business Bureau.  

Attorney General Nessel urges anyone who may have had similar experiences with Hummingbird Construction to contact the Attorney General's Consumer Protection Team at: 

Consumer Protection Team
P.O. Box 30213
Lansing, MI 48909
517-335-7599
Fax: 517-241-3771
Toll-free: 877-765-8388
Online complaint form

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