MEMORANDUM

                DATE:                 September 18, 2007

                TO:                       Idaho State Contractors Board

                FROM:                Bureau of Occupational Licenses 

                SUBJECT:         Complaint Investigation Report   

 

FY2008:    To date, one hundred twenty-three (123) complaints have been received (including 73 that concern liability insurance issues). Of those, one hundred twenty-two (122) remain under investigation; and one (1) awaits Board determination

FY2007: Six hundred thirty-six (636) complaints have been received (including 426 that concern liability insurance issues). Of those, two hundred (200) have been closed following Board determination (including 157 that concerned liability insurance issues); fifty-six (56) are pending legal review; two hundred seventy-three (273) are under investigation; and one hundred three (103) await Board determination.

FY2006: Fifty-six (56) complaints were received.  Of those, thirty-seven (37) have been closed following Board determination; five (5) were closed subsequent to disciplinary action; nine (9) are pending legal review; three (3) remain under investigation; and two (2) await Board determination.

For Board Determination:

CON-L4B-2-2006-22                C alleged that R was hired to build a house on a lot the C would purchase, and then R attempted to involve C in a fraudulent scheme to avoid payment of capital gains taxes. R continued to pressure C for additional lot payments in spite of a signed written agreement. R is alleged to be fraudulent in the sale of the property and in the manipulation of C's construction loan account. A search of IBOL records indicate that R submitted an application for registration but to date has not been approved. INV revealed that C is now deceased and the estate settled pending litigation with R. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure with a cease and desist letter to R.

CON-P3B-1-2006-34                C alleges that R convinced C to buy equipment and pay an advance for work to be done at a later date. R has done minor work on project, but has failed to complete job duties as requested by R and refuses to return any calls. IBOL records show R is now registered, though the contract and work was done in 2005, prior to enactment of registration act. Both the C and the R declined BBB’s offer to mediate the issues. IBOL recommends the Board authorize closure.

CON-B5A-2007-#s 38;80;83;88;89;90;91;104;108;117;120;121;122;124;127;141;149;151;153;158;160;162;174;180;205;224;302; 305;307;308;311;332;335;358;365;367;369;378;380;416;418;420;423;430;432;433;445;454;455;456
C alleged that R failed to provide proof of liability insurance after receiving cancellation notice from insurance company. R did not respond to IBOL request. IBOL records show registration was later cancelled. IBOL recommends the Board authorize closure.

CON-B5A-3-2007-109            C alleged that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. IBOL record shows insurance was canceled & later reinstated. IBOL recommends closure with advisory letter.

CON-P4C-3-2007-183            C alleged that R was hired to do concrete countertops found out R is not registered in the state of ID as a contractor. C signed contract with R and received payment of $2700 for a partial payment of the $7400 bid. R came and went but never completed the contracted job. IBOL records do not contain registration for R. INV revealed that R admitted practice and not being registered. INV also revealed that C moved and left no forwarding address, and that R was successful in small claims action against C. IBOL recommends the Board authorize closure with a cease and desist letter.

CON-P4C-4-2007-214                C alleged that the county inspector found deficiencies with R work on C's detached garage. R agreed to the problems and stated he would return to fix them. R continues to delay the process holding up the inspection. INV revealed that C and R settled the dispute prior to the investigation. C later withdrew the complaint. INV also revealed that that the construction was in 2004, prior to the CON Act. IBOL recommends the Board authorize closure.

CON-P4C-3-2007-228                C alleged that R was hired to construct a 104' river rock wall; that R was given several advances for materials; and that R never returned to complete that job and C later hired someone else to finish the job. INV revealed that the job was bid at 1/3 the normal price; that 2/3 of the job was completed and paid for; that C & R had a disagreement and R left the job due to financial difficulties & being unable to meet C's demands. INV revealed that C hired another CON who finished the job; that R attempted to complete the project but was unable to meet C's demands, which may have been unreasonable; and that R discontinued work based on a mutual agreement with C. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

CON-P1-1-2007-262                C alleged that R has failed to complete a construction project and is not registered in Idaho as a contractor. IBOL records confirm no registration for R. INV revealed that all activities took place prior to registration act. IBOL recommends the Board authorize closure with cease and desist letter.

CON-P4C-2-2007-270                C alleged R contracted to build a wrap-around deck in the amount of $21,000.00 and the workmanship was poor. Records search reveals R is not registered. INV revealed that R did build the deck, and that R denied knowing about the registration requirement until after the job. R stated that all contracting activities have stopped and that R has no intention of obtaining registration. INV revealed evidence to support the allegations and a violation. IBOL recommends the Board authorize closure with a cease and desist letter to R.

CON-P3-3-2007-275                C alleged R did not have the necessary building knowledge when building a vinyl fence, which fell down after each wind storm. INV revealed that the fence was defective and C was provided a full refund per the warranty. INV also revealed that C accepted the refund with the stipulation that all claims against R were satisfied. All activity took place prior to the registration act. IBOL recommends the Board authorize closure.

CON-L1-4-2007-290                C alleged that R should be required to become registered, because C had to register. An initial search of IBOL records revealed C was not registered, though registration was later issued. IBOL recommends the Board authorize closure based on compliance.

CON-P1-4-2007-291                C alleged that R should also be required to become registered because C was required to register. INV revealed that R is a Public Works contractor, but does not hold a CON registration. INV revealed that R was unaware of the registration requirements & that R does not currently work in Idaho. Registration applications were provided. IBOL records do not show that an application has been received. IBOL recommends the Board authorize closure with an advisory letter.

CON-P3C-2-2007-293                C alleged that R bounced a check. C has also filed a complaint with Div. Building Safety, as R holds several licenses issued through that entity. Due to lack of jurisdiction, IBOL recommends closure, with recommendation that C file criminal charges.

CON-B5A-2007-312-#s 312;346;347;354;379;382;389;398;408;409;414;419;422;426;435;436;438;443;444; & 447
C alleged that R failed to provide proof of liability insurance after receiving cancellation notice from insurance company.  Documentation was received showing no lapse in coverage. IBOL recommends the Board authorize closure.

CON-P1-2-2007-325                C alleged that R entered into contract to complete an interior paint job and was paid 1/2 the contract money up front. R never completed the contracted job and what little work that did get finished was poor and sloppy. R is alleged to of left the state of Idaho. A search of IBOL records confirms NO registration for R. IBOL recommends the Board authorize closure with a cease and desist letter.

CON-L1-4-2007-338                C alleged R is practicing without registration. IBOL records do not contain a registration record for R. INV revealed that C did not provide adequate information and R was not able to be located. C could not provide additional information. No evidence was revealed to support the allegation and IBOL recommends the Board authorize closure.

CON-P4A-1-2007-341                C alleged that R failed to perform painting services per contract, refused to return cabinet doors, and refused to pay the judgment awarded C in small claims court. IBOL records do not contain registration information for R. INV revealed that R operated a painting business without registration. INV presented evidence to prosecutor and a Summons to Appear was issued. INV revealed that R failed to appear and a warrant was issued for R's arrest. IBOL recommends the Board authorize closure with a cease and desist letter.

CON-P1-3-2007-370                C alleged that R fits the description of a Contractor and therefore should be required to register. INV revealed that R is an insurance company and does not practice as a contractor. INV also revealed that C based the complaint on supposition and the belief that R coerces customers into using certain providers. INV revealed that R provides the names of CONs who have agreed to provide services for R, but that customers are always free to use whomever they choose. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

CON-P5B-4-2007-385                C alleged that R does not carry workman's comp. INV revealed that R is registered and maintains the appropriate insurance. INV did not reveal evidence to support the allegations. IBOL recommends the Board authorize closure.

CON-L1-2-2007-475                C alleged R is a competitor and is not registered. INV revealed that R is a supplier of playground equipment and is exempt from the registration act. INV also revealed that R employs a registered contractor to perform all installation work. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

CON-S1-3-2007-477                C alleged R is not registered and practices without workers compensation. IBOL records confirm that R's registration was later issued and required insurance coverage was confirmed. Based on R's compliance, IBOL recommends the Board authorize closure with an advisory letter.

CON-P4C-4-2007-480                C alleged R failed to pay a supplier's bill. Complaint is civil in nature and IBOL recommends closure with a referral letter to C of other available options.

CON-S1-1-2007-507                C alleged that R was not registered. Though an initial search of IBOL records held no record for R, registration was later issued. Based on R's compliance, IBOL recommends the Board authorize closure with an advisory letter.

CON-P4C-2-2007-520                C alleged R signed a contract, accepted earnest money on property R did not own & placed those funds in personal account; failed to provide adequate blueprints; failed to obtain necessary permits; failed to refund funds after failing to fulfill the contract. INV revealed that C settled the matter out of court and requested that the complaint be withdrawn. IBOL recommends the Board authorize closure.

CON-P3-2-2007-533                C alleged that R built and sold a home to C that contained mold. Prior to learning of the mold C decided to put the home up for sale and hired a home inspector. The inspector found mold in the crawl space. C also alleged that R did not respond to correct the problem. INV revealed that R did attempt to address the issue and hired 2 separate CONs to do the work. INV also revealed that C would not wait for R and completed the work. No evidence was revealed to indicate that R did not take appropriate or timely action. INV did not reveal evidence to support the allegations or of a violation. IBOL recommends the Board authorize closure.

CON-P1-2-2007-535                C alleged that R contracted to perform landscaping; that R received $4,000 up front and continually put in change order requests for changes and or more money. A lien was later placed on C's property. IBOL records found NO registration for R, though an application was submitted in 2006. INV revealed that R stated the registration issue would be resolved, and that the job turned out beautiful and the C has not called the R asking for any repairs to be made. IBOL records confirm that R's registration was issued. INV revealed that the C failed to respond to INV requests for information. INV did not reveal evidence of substandard or defective workmanship. IBOL recommends the Board authorize closure.

CON-S1-1-2007-564                C alleged R is unregistered. IBOL records show R was registered 8 days after complaint was received. IBOL recommends the Board authorize closure.

CON-P3A-2-2007-568                C alleged R used unsafe practices on a road construction project, by failing to block off the construction area. INV determined and R acknowledged that an error did occur but was corrected as soon as notification was made. The traffic crew went to the wrong location and the paving crew began work before the traffic crew arrived. According to the R, steps are now in place so the same error does not occur in the future. IBOL recommends the Board authorize closure with an advisory letter regarding proper safety measures.

CON-S1-1-2007-570                C alleged R engaged in unregistered practice. IBOL records show R submitted an application the day prior to IBOL receiving the complaint & registration is pending Board review. IBOL recommends the Board authorize closure based on compliance.

CON-P1-1-2007-578                C alleged to having an earnest money dispute regarding real estate transaction with R. IBOL does not have record of R & the Board does not have jurisdiction in this matter. IBOL recommends the Board close and advise C to seek legal counsel.

CON-P4A-2-2007-589                C alleged R was paid a $2,000 deposit but has not started working and has not refunded deposit as requested. INV revealed that R refunded all moneys due within 30 days of request. INV did not reveal evidence t0o support the allegations or a violation. IBOL recommends the Board authorize closure.

CON-S1-1-2007-591                C alleged unregistered practice by R. Sent cert letter requesting response. R called saying letter had been received and an application for registration had been mailed. IBOL records confirm that R submitted application and was later issued registration. Based on compliance IBOL recommends the Board authorize closure.

CON-L4C-2-2007-596                C alleged that the R has been unethical and dishonest in the business operations. C is/was a partner with R. INV revealed that the partners had a personal disagreement which resulted in the complaint. INV also revealed that the C & R worked out their problem and the matter was resolved. IBOL recommends the Board authorize closure.

CON-P1-2-2007-619                C alleged that R was paid in full for labor and materials but never paid the supplier. A material lien was filed by the supplier against C's real property. IBOL records confirm that registration was later issued and R satisfied the supplier issue. Based on compliance, IBOL recommends the Board authorize closure.

CON-P3B-2-2007-624                C alleged that curbing installed by R failed; that R promised to return to replace it; and never returned; and that C had to hire another contractor to fix the original work. INV revealed that R installed the curbing as instructed by C; that the curb ordered by C was a landscape curb and not parking lot curbing; that curb has become misaligned and broken due to vehicle strikes, frost, and snow plows. INV also revealed that R offered to replace the misaligned and broken curb, but C wanted the entire job redone. INV did not reveal evidence to support the allegations or of a violation. IBOL recommends the Board authorize closure.

CON-P1-2-2007-639                C alleged that R was an unregistered contractor. IBOL records confirm that R is registered. IBOL recommends the Board authorize closure.

CON-P3C-2-2008-11                C alleged poor workmanship on three concrete projects. R is currently expired but was current at the time of the projects. INV revealed that R had splashed concrete on C's home during a pouring job; that C had refused to pay R for work done; and R would not continue the project, which included cleanup until C paid. INV also revealed that C subsequently paid R, the job was finished and the cleanup was done. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.


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Last Modified - March 08, 2009