Ken Kelly says he has bought Kelly Roofing's debt and assets rather than its equity, that the deposits customers paid came with them, and that crews should be back on open roofs after about a three week delay
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The former owner of Kelly Roofing says he has bought the collapsed company's debt and assets and intends to put crews back on unfinished roofs after a delay of about three weeks.
Ken Kelly, whose father founded the Collier County company, told WINK Investigates he retired three years ago, having sold much of the business to the private equity firm Monument MicroCap Partners six years ago. He said he has now put his own money in to buy back the assets and the debt and restore operations.
He told the station:
"I wanted to take care of my employees, my customers, and my vendor relationships. I spent my whole life building [it]; it's just not fair to them."
Kelly was explicit that he did not reacquire the business through equity. He said he purchased its debt and assets, and that the purchase included customer proposals that carried deposits.
"For any customers that had given us a proposal... and a deposit, well, I've acquired those, too. So our job is to get back and finish what we promised we would do, albeit a three-week delay."
His stated plan is to remove the out of area operations, downsize, and refocus on Southwest Florida. Under Monument MicroCap Partners the group had added Integrity Roofing and Gutters in Central Florida, J&J Quality Builders near West Palm Beach, and Reliant Roofing in Jacksonville.
Kelly's account of the collapse is that performance across that wider portfolio, together with a legal dispute connected to one of the acquired brands, produced a financial squeeze, and that the lender then acted.
"What I believe happened is we simply had a fallout with the lender, the bank that was loaning us money to fund this operation," he said. "They decided to tighten down their credit and caused the company to go out of covenants... and once that happened, they froze all of our assets, including our bank accounts."
That is his account. It has not been confirmed against a loan document, a court filing or any statement from the lender, which is not named. This site reported on August 11 that the station's earlier reporting had Kelly Roofing's management accusing Chantelle Flores, founder of Integrity Roofing and Gutters, of multimillion dollar fraud in Delaware and Florida following last year's merger, that counsel for Flores denied the allegations and filed counterclaims, and that the allegations are untried.
The freeze left customers holding refund cheques that bounced. Andrew Aste told the station that the loss of his deposit was a serious blow on a fixed income. "We live on Social Security and a little bit of pension," he said. "This is like two months of income for us."
Elsewhere, work stopped midway and material suppliers including ABC Supply Co. recorded mechanics' liens against homeowners' properties over unpaid materials. North Naples homeowner Barry Stivers told the station:
"It seems like the only person that's not protected in this is the customer."
A former contracted chief marketing officer for the wider portfolio, who asked the station to withhold her name, said she is owed more than $25,000.
Nothing reported in this account releases a lien. The liens recorded by the supplier run against the homeowners' properties rather than against the roofing company, and a purchase of that company's debt and assets does not by itself discharge them. No lien release or satisfaction has been reported, and none was read for this item.
This site reported on August 11 that a new limited liability company, Kelly Roofing USA, LLC, document number L26000406764, was filed in Florida on August 5, and stated then that it had not established any connection between that filing and the repurchase described to customers. That position is unchanged. The state corporate record could not be read on this pass, because the Division of Corporations search returned an HTTP 403 to a full-header request, which is a bot block rather than a missing record.
No bankruptcy petition by any Kelly Roofing entity was found in the federal court records searched by this site on August 11, and no search was run today.
Where we read it: Chorus Nylander and Robin Wolf at WINK News. Read their story.
The document: No public filing has been released.



