MEMORANDUM

                DATE:                 September 26, 2006 

                TO:                       Idaho State Contractors Board

                FROM:                Bureau of Occupational Licenses 

                SUBJECT:         Complaint Investigation Report   

 

FY2007: To date, one hundred-fifty-seven (157) complaints have been received. Of those, one hundred fifty-five (155) are under investigation; and two (2) await Board determination.

FY2006: Fifty-six (56) complaints were received.  Of those, four (4) have been closed following Board determination; twelve (12) have been referred for disciplinary review; twenty-eight (28) remain under investigation; and twelve (12) await Board determination.

Complaint issues are as follows:

Unregistered practice - 28
Competency - 6
Failure to complete construction - 10
Contract issue - 14
Failure to deliver - 11
Fraud - 4
Liability Insurance - 139

For Board Determination:

CON-P1-1-2006-23            C alleged that R was hired to do an addition to C's home. R was later paid $3500 to order the balance of materials for the project, and the materials were never obtained. R informed C that the contract was in default and refused to return to work. IBOL records show R does not have a contractor registration number. INV revealed that R had told a building inspector that R was registered. INV notified L.E. and R was cited, pled guilty, and was fined $243 for failing to register and practicing. IBOL recommends the Board authorize closure.

CON-P3-2-2006-26            R was hired as a general contractor and construction project manager. C alleged that R failed to complete project in timely manner, failed to follow instructions, is deficient in workmanship and has lack of due care and damages to C's property. INV confirmed that R filed small claims action against C for non payment of work, and the case was dismissed. IBOL records show R was registered in January, 2006.  INV revealed that R was prevented from completing the project on time due to C's desire to do some of the work. INV also revealed that R admitted to damaging a door on C's property, but denied the poor workmanship, noting that R did not insure the work of subcontractors. INV revealed that all activities took place prior to enactment of the registration act. IBOL therefore recommends the Board authorize closure.

CON-L1-2-2006-27            C alleged R was practicing without the benefit of being registered.  INV revealed that R had submitted application for registration 1 month before complaint was received & was subsequently issued registration. INV confirmed that R practiced prior to registration. Based on R's compliance, IBOL recommends the Board authorize closure with an advisory letter.

CON-P1-2-2006-30            C alleged that R gave a bid of $8000 to install a new roof on C' home. C paid $6000 but R has failed complete the new roof. C alleged R threatened C with a lien on house because of monies due. C later hired a different contractor to complete the roof. A search of IBOL records indicate that R is not registered. INV revealed that R is not registered and admits that all contracting has ceased due to not being paid by C. INV shows that R's practice was prior to 1/1/2006. INV revealed evidence to support dishonest or dishonorable dealings regarding accepting funds and not finishing the job, however, R is not registered and the Board does not have jurisdiction. IBOL recommends the Board authorize closure with advisory to R, referral to County Prosecutor, and recommendation to C to file ICP complaint.

CON-P1-2-2006-38            C alleged that R was hired to replace a roof and do some painting. R was prepaid and later asked for a $300 advance and then never completed the painting job. A search of IBOL records indicate that R is not registered. INV revealed that all activities took place 3 years prior to the registration act, and INV has been unable to locate R. IBOL recommends the Board authorize closure.

CON-B1-2-2006-39            C alleged R was observed working without required registration. IBOL records do not contain registration for R. INV revealed that R was practicing as an unregistered contractor. R admitted to working for an unregistered roofing company under a payment by the piece agreement. IBOL records show that the roofing company applied for & obtained registration subsequent to INV contact. R has not made application. IBOL recommends the Board authorize closure with an advisory letter to R regarding registration requirements.

CON-B1-2-2006-40            C alleged R was observed working without required registration. IBOL records do not contain registration for R. INV revealed that R was practicing as an unregistered contractor. R admitted to working for an unregistered roofing company under a payment by the piece agreement. IBOL records show that the roofing company applied for and obtained registration subsequent to INV contact. R has not made application. IBOL recommends the Board authorize closure with an advisory letter to R regarding registration requirements.

CON-P3-1-2006-42            C alleged that R damaged property during a road construction project. C alleged that R knew of the damages but made no effort to resolve the issue. INV revealed that all alleged activity took place several years before the Contractor Act, and that R was an employee of the City. The complaint appears to be a civil matter between C and the City. IBOL recommends the Board authorize closure.

CON-P4-2-2006-44            C alleged that R is in breech of a warranty agreement and has been asked several times to correct the standing water in the crawl space. R refused to comply with request. INV revealed that C had reached a satisfactory agreement with R and submitted a written withdrawal of the complaint. IBOL, therefore, recommends the Board authorize closure.

CON-P1-2-2006-47            C alleged that R was hired to complete several household projects and was paid $300 of the $1,180 bid. R failed to deliver and has very poor workmanship. IBOL records reveal no registration for R. Though INV revealed evidence to support the allegations, it was also revealed that the job was under the $2000 limit and outside the Board’s jurisdiction. INV advised C of other available options for possible resolution. IBOL recommends the Board authorize closure.

CON-P1-2-2006-48            C alleged that R was contacted to paint and stain the interior of a house & never returned to complete the job. C stated that R lacks integrity and professionalism. IBOL records found no registration for R. INV contacted C who did not want the complaint pursued & refused to provide any additional information. IBOL, therefore, recommends the Board authorize closure.

CON-P1-2-2006-50            C alleged that R was hired to paint exterior of home, was paid a $500 deposit, but has refused to return to complete the job. A search of IBOL records found no registration for R. INV revealed that R admitted to the allegations, but maintained that no jobs are undertaken that exceed the $2000 lawful limit. INV confirmed that the project was bid under that limit and the matter is outside the Board’s jurisdiction. IBOL recommends the Board authorize closure.

CON-P4A-1-2007-6            C alleged that R will not comply with home warranty work. INV revealed that all activity took place in 2002 prior to the registration act. IBOL recommends the Board authorize closure with advisory to C of other alternatives that could be pursued.

CON-P4-2-2007-11            C alleged that R will not comply with the 25 year roof guarantee that was paid in full. INV revealed that all activity took place in 1997 prior to the registration act. C was advised of other alternatives that could be pursued. IBOL recommends the Board authorize closure with advisory to C of other alternatives that could be pursued.


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Last Modified - March 08, 2009