‘This is fraud.’ Veteran upset over contractor issue, turns to WSMV4

WSMV's Courtney Allen did some digging on a local contractor. Here's what she found.
Published: Nov. 28, 2022 at 7:33 PM CST
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NASHVILLE, Tenn. (WSMV) - When Barbara Martin thinks back on a gesture of kindness, she regrets it.

“You know what really makes me mad,” Martin said. “When they were working, I gave them cookies.”

The 83-year-old Leoma, Tennessee, resident said an employ with H.M.H. Construction offered her a new driver for just $500 in February of this year. Once the job was done, she said he demanded $2,300 more. She paid him in cash.

“I was getting kind of nervous,” Martin said. “He was bigger than me. He was taller and bigger than me, and younger.”

Within days, it was clear the job wasn’t done right.

“It is all wavy,” Martin said. “The gravel is coming up.”

Martin said soon after the men listed as the owners on the business card, Harry Mullen and Harry Mullen Jr., came to her home to apologize.

On the invoice dated Feb. 24, 2022, Mullen admits the driveway was laid wrong and he said he would give Martin a new driveway at not cost due to “you being scamed (sic) by ex-employee.”

However, Martin said Mullen never returned.

“One way or the other, I am going to find a way to get somebody to make them accountable,” Martin said.

WSMV4 found six Better Business Bureau complaints dating by to June 2020 for Asphalt by Design, owned by Mullen, which WSMV4 confirmed later became H.M.H. Construction. Those complaints accuse Mullen of “not using enough tar” causing “damage to yard” and going on to say that Mullen is a “con-artist and should be stopped.”

After weeks of calling, emailing and knocking on doors, WSMV4 finally reached Mullen by phone last week. He said while he “might not be the best,” he is not a con artist.

Mullen said he still promises to fix Martin’s driveway. When asked what is taking so long, Mullen claimed he never promised Martin exactly when he would return and said he stopped doing paving work and closed H.M.H. Construction in August after losing his driver’s license.

Mullen said he still had the equipment and resources to make it back to Leoma. Mullen guaranteed to WSMV4 that he will fix Martin’s driveway no later than Jan. 20.

“Just get this out of my yard,” Martin said. “Just dig it up and get it out of here.”

There are two other complaints filed with the state against Mullen’s business.

WSMV4 will continue to follow this story and let you know if Mullen meets his self-imposed deadline of Jan. 20.