Niagara County Contractor Indicted for Defrauding Homeowners

A Lockport-based contractor is facing serious charges after being accused of accepting large down payments from homeowners and failing to perform any of the promised work.

Wayne A. Michalak, 52, the owner of WNY Backyard Enclosures LLC, was arraigned Tuesday before Erie County Court Judge Susan Eagan on charges stemming from three separate incidents. Michalak faces three felony counts of third-degree grand larceny, according to the Erie County District Attorney’s Office.

Prosecutors allege that in April 2022, Michalak agreed to build a detached garage on a property in the Town of Marilla. The homeowner reportedly paid him $28,889 upfront, but no construction was ever started.

Just weeks later, Michalak allegedly accepted another $5,000 as a down payment for a concrete patio and pergola installation at a residence in the Village of Blasdell. Investigators say that project also never began.

A third case was reported in June 2022 when a Town of Tonawanda resident paid Michalak $5,985 for a similar patio project. As with the other two jobs, prosecutors claim no work was performed.

The total amount collected from the three homeowners comes to $39,874.

Michalak was released on his own recognizance and is expected back in court for a pretrial conference on May 29th at 2:30pm.

The District Attorney’s Office has not indicated whether additional complaints are being investigated.

Niagara County Contractor Indicted for Defrauding Homeowners