MEMORANDUM

                DATE:                 March 13, 2007

                TO:                       Idaho State Contractors Board

                FROM:                Bureau of Occupational Licenses 

                SUBJECT:         Complaint Investigation Report   

 

FY2007: To date, four hundred - thirty-three (433) complaints have been received. Of those, one hundred-ten(110) have been closed following Board determination; one hundred nine (109) have been referred for disciplinary review; one hundred sixty-three (163) are under investigation; and fifty-one (51) await Board determination.

FY2006: Fifty-six (56) complaints were received.  Of those, twenty-two (22) have been closed following Board determination; fourteen (14) have been referred for disciplinary review; twelve (12) remain under investigation; and eight (8) await Board determination.

For Board Determination:

CON-P1-2-2006-2            C alleged that R is non registered that R is illegally avoiding unemployment taxes. A search of IBOL records indicates that R submitted application and was subsequently registered. INV revealed that C & R were in a divorce battle. INV confirmed that alleged activities took place prior to the registration act and no evidence was revealed to support the allegations. IBOL recommends the Board authorize closure.

CON-P4A-2-06-17                C alleged that R failed to finish construction and fixture installation in a custom built home; that C had to pay over contracted amount for appliances; and that R refuses to respond to C.  INV revealed that C rejected R's attempt to settle the matter & that R continues to make attempts as the 1 year warranty has not yet expired. INV did not reveal evidence of violation. IBOL recommends the Board authorize closure with advisory that both parties work to resolve the matter.

CON-P4-2-06-20                C alleged that R has engaged in numerous deceptive and unfair trade practices. C alleged R signed a Guaranteed Maximum Price contract with C and later indicated it was not a GMP contract. R filed a claim of lien during closing which made it difficult for closing to occur. C also alleged that R failed to secure materials and took materials away from the project site, and then charged the materials to C. INV revealed that the C believes R overcharged for services, and possibly violated the Idaho Consumer Protection Act. That allegation is being investigated by ICP. INV also revealed that R may have been dishonest or dishonorable regarding the contract, a violation of law. The DAG reviewed and sent R a warning letter advising of the disclosure requirements. Based on the notice sent from the DAG to R the Bureau recommends closure.

CON-P4A-2-06-28            C alleged that R refused to install a new front door and will not return phone calls. INV revealed that, upon contact by INV, R delivered a new front door & paint to C, but did not install it. R maintains that C is difficult to work with and refuses to install the door. INV revealed that R did delay delivery of the door and refused to install same due to difficulty in dealing with C. IBOL recommends the Board authorize closure with an advisory letter to R regarding timely service, and a letter to C recommending legal advice for other possible means of resolution.

CON-P4C-4-06-41            C alleged that R contacted C to bid on siding for home. R requested a deposit of $4764 noting that steel prices were going up. R received the full deposit and then informed C that the materials originally recommended would not be satisfactory. C then requested a refund of the deposit and was informed that there would be a deduction for the bid, and for sales commissions. R deducted approximately $1300 from the original deposit. INV revealed that a contract was signed by both C & R, and the conditions regarding deposits and deductions were clearly revealed. C admitted to signing the contract and having a copy. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

CON-P1-1-2006-45            C alleges that R misrepresented himself as being registered and provided C with a fraudulent liability certificate. A search of IBOL records indicate that there is no registration. INV revealed that neither C or R would respond to requests for information. IBOL recommends the Board authorize closure.

CON-P1-1-2006-46        C alleges R was hired to complete a dry wall project bided at $34,600.00. The timeframe for completion in contract was not met. R filed a lien against C. C later found out that R was not registered. IBOL records found no registration for R. INV revealed that all contracts and work were performed prior to the registration act. IBOL recommends the Board authorize closure.

CON-P1-1-2006-49            C alleged that R was paid to paint interior of home; that R walked off job after payment stopped and became very irate and threatened C; and that R later placed lien on C's property. IBOL records found no registration for R. INV revealed that the incident took place well before the registration act. Due to lack of jurisdiction, IBOL recommends the Board authorize closure with an advisory to R of the registration requirement.

CON-P3B-2-2007-9        C alleges that R did not fulfill the guarantee on the home that they purchased from R. C is paying a mortgage on a home that is not complete and feels that their request's for completion are being ignored. INV revealed that R had provided a warranty on all work and did respond to C regarding issues. INV did not reveal evidence of violation. IBOL recommends the Board authorize closure.

CON-P4-2-07-15            C alleged that R was contracted to install a underground pool to be completed by mid June; that the hole for pool was dug without the benefit of a permit; that C made contact with R and requested a completion date; and that, instead of following up with C's request, R went to the property unannounced and stole the equipment and materials and dismantled some items from the pool. INV revealed that C appears to have exaggerated issues in an attempt to keep from paying R. INV did not reveal evidence that R stole from the job site, and completion dates were not included in the contract. It appears that R has financed the project to 90% completion and C has refused to pay for remainder of materials. No evidence was revealed to support allegations or violations. IBOL recommends the Board authorize closure.

CON-P1-2-07-167            C alleged that R was hired to paint C's house and the paint bubbled on the gutters where it was not prepped properly; that R was notified and agreed to return to re-do the gutters; and that R will not take C's phone calls and is being very uncooperative; and that R was not registered. IBOL records did confirm R's registration. INV revealed the complaint had been inflated by C, in an attempt to use the Board to resolve a minor dispute. INV revealed that Rís work has a 2 year warranty and R has agreed to finish the project if C will agree not to harass R. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

CON-P3B-2-2007-216            C alleges that R was hired to install a pool and to date has not passed final electrical and building inspection due to R's incomplete work; and that R is in breech of contract. INV revealed that R completed the contracted work. C's complaint involved work that was the responsibility of one of R's sub-contractors that C later hired by verbal agreement independently of R. INV also revealed that all work was completed and all inspections passed. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

CON-P4A-2-2007-185        C alleges that R was contracted to do some painting. R received money upfront and started on the project and later "blew up" at C when asked to stay on the job longer. R refuses to finish the project and refuses to refund money. INV revealed that C's only issue was the cost of the project, & evidence was revealed to show that matter was settled through arbitration. No evidence was revealed to support the allegations. IBOL recommends the Board authorize closure.

CON-P4-2-07-238            C alleged that R is in breech of contract and overcharged for material; and that R refuses to respond to C's request for communication. INV revealed that there is disagreement regarding items and work not addressed in the contract. INV also revealed that R refused to deal with C until C agreed not to verbally harass R; that there was a 2 yr warranty for all work; and that R would agree to complete work and negotiate C's issues. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

CON-P3B-2-2007-239        C alleges that R was hired to do some remodeling. R was paid for his services however, never returned to finish moldings, floor work or hanging of doors. INV revealed that the project in question took place prior to the registration act. IBOL records show R has registered but refused to respond to requests for information. Based on the time frame of the project, IBOL recommends the Board authorize closure with an advisory letter to R.

CON-P3C-1-07-244            C alleges that R was contracted to do excavation work but failed a excavation compaction test delaying work progress, no backfill, driveway not cut in, utility trench not dug, and workers had bad attitudes toward builders. INV revealed that C notified IBOL that all issues had been resolved with R and that C wished to withdraw the complaint. IBOL recommends the Board authorize closure.

CON-P3C-3-2007-264        C alleges that R overcharged for services; committed fraud in obtaining a demolition permit from the City. Search of IBOL records also reveals that there is no record of registration of the R. INV revealed that C had misunderstood how charges were calculated on the bid. INV also revealed that R met with C and agreed to adjust the contract due to the misunderstanding & C accepted the revision. IBOL recommends the Board authorize closure.

CON-P3B-2-2007-265        C alleges R walked off the job (roofing) and has sent C a bill amounting $19,000.00. INV revealed that the allegations were unfounded and C was attempting to cause R problems due to a disagreement over money. IBOL recommends the Board authorize closure.

CON-P4C-2-2007-266        C alleges R was dishonest & switched materials in building a dog kennel. INV revealed that the work was completed with all services delivered. INV also revealed that the contract & price were agreed upon by both parties. IBOL recommends the Board authorize closure.

CON-P4A-2-2007-267        C alleges that R failed to complete contracted work; charged more than contract allowed; and performed inferior work. INV revealed that all work noted in the contract was completed as agreed, within cost allowances, and that a home inspection did not reveal inferior work. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

CON-P3C-2-2007-268        C alleges R performed extremely inferior workmanship. C also has a statement from another tradesman who supports C's claim against R. INV revealed that R was very cooperative, contacted C and resolved all issues to C's satisfaction. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

CON-P4C-1-2007-278        C alleges R performed shoddy workmanship and has refused to pay for services. INV revealed that the C was retaliating against R for a previous complaint filed by R against C. INV revealed that the issue is a civil matter involving a fee dispute. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure with an advisory letter.

CON-P1-2-2007-279            C alleges she contracted with R to install numerous windows. R has not showed up since signing of the contract all contact numbers for R have been disconnected. No record of registration of R. INV revealed that R was not registered & that R admitted to owing a refund to C. INV also revealed that C received a small claims judgment against R, and that R is no longer self-employed. IBOL recommends the Board authorize closure with a cease and desist letter.

CON-S1-1-07-282                 C alleged that R is practicing without the benefit of registration. A search of IBOL records confirmed R's registration as current and in good standing with the Board. IBOL recommends closure.

CON-P3C-2-2007-288        C alleges that R constructed a home for C and that R sub-contracted the installation of a furnace which is incapable of heating the entire home. IBOL records show no registration for R. INV revealed that this project took place prior to the registration act and the Board does not have jurisdiction. INV also revealed that R's company has been dissolved, and that R has met with C and agreed to resolve the issues. IBOL recommends the Board authorize closure.

CON-P4C-2-2007-292        C alleges that R was deceitful in selling goods and services to C. C also alleges that R has not completed the project per contract. INV revealed no basis for the complaint as C is attempting to be released from a contract with R. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

CON-L1-2-2007-297        C alleges that R acted as a contractor prior to registration and received a building permit from the city to conduct business with out the benefit of being registered. R has since become registered. INV revealed that C filed the complaint based on supposition. INV revealed that R was employed by a registered contractor at the time of the project. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

CON-P1-2-2007-314        C alleges that R is not registered in Idaho as a contractor. A search of IBOL records confirms no registration for R. INV revealed that R was practicing without registration. INV also revealed that R believed their registration in another state allowed them to practice in Idaho. R agreed to obtain registration before continuing the project. IBOL records contain no application to date. IBOL recommends the Board authorize closure with a cease and desist letter.

CON-P3C-2-2007-321        C alleged R performed substandard construction on a remodel including a leaking roof & foundation, installed lights in wrong place, installed wrong windows, poor painting and finish work, & coerced C into signing another agreement. INV revealed that C would not respond to requests from the investigator. INV also revealed that R was cooperative and provided all information and documentation requested. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

CON-P3D-4-07-374            C alleged R signed a contract to provide logs for a log home and that many logs were twisted, warped, blackened, & cracked. R also recommended the builder who knew of the substandard product and used the bad logs anyway. IBOL records do not contain registration info for R. Previous INV revealed the contact was dated in May 2005 & work was completed prior to the enactment of the Contractor registration act. Based on the lack of jurisdiction, IBOL recommends the Board authorize closure with an advisory letter to C.

CON-P3D-4-07-375            C alleged R provided defective logs for C's log home. Previous INV revealed that contract and material delivery was prior to registration act. IBOL records show R registered in 7/2006. Based on the timeframe & lack of jurisdiction, IBOL recommends the Board authorize closure with advisory letter.

CON-B5A-2-07-192 -195,197-203,207-210,212,213,220,221,223,247,257,258,316,320,330,333,334           C alleges that R failed to provide proof of liability insurance after receiving cancellation notice from insurance company. Either documentation was received confirming that insurance did not lapse or no documentation was received advising that insurance had cancelled.  IBOL recommends the Board authorize closure.


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Last Modified - March 08, 2009