MEMORANDUM

                DATE:                 January 16, 2008

                TO:                       Idaho State Contractors Board

                FROM:                Bureau of Occupational Licenses 

                SUBJECT:         Complaint Investigation Report   

 

Fiscal Year 2008 (to date)

            Total Complaints received                                                                                          271

                        Including liability insurance files                                                      110

            Status:

                        Closed by Board action                                                                            3

                        Closed following disciplinary action                                                      1

                        Pending legal review by the Office of the Attorney General          28

                        Remaining under investigation                                                          176

                        Awaiting Board determination                                                             58

 

Fiscal Year 2007

            Total Complaints received                                                                                          635

                        Including liability insurance files                                                      422

            Status:

                        Closed by Board action                                                                       306

                        Closed following disciplinary action                                                      7

                        Pending legal review by the Office of the Attorney General        104

                        Remaining under investigation                                                          105

                        Awaiting Board determination                                                           113

 

Fiscal Year 2006

            Total Complaints received                                                                                            56

            Status:

                        Closed by Board action                                                                         39

                        Closed following disciplinary action                                                      5

                        Pending legal review by the Office of the Attorney General            8

                        Remaining under investigation                                                               1

                        Awaiting Board determination                                                                3

 

Complaint issues are as follows:

Unregistered practice - 116
Misrepresentation - 9
Competency - 32
Unsafe / Incomplete Construction - 71
Standard of Practice - 33
Contract issue - 37
Failure to deliver - 42
Fraud / Dishonest conduct - 42
Non-payment of Debt - 25
Failure to Obtain Permit - 13
False Application - 3
Conviction - 3
Insurance - 534
Consumer Protection - 1
Child Support Order - 1

For Board Determination:

I-CON-2006-9                C alleges that R will not warranty the concrete drive way of the home that was purchased. R sent C a notice indicating that the written guarantee excludes concrete. INV revealed that C wanted R to fix 1/8 inch cracks in concrete. INV review of contract revealed that cracks must be at least 1/4 inch wide in order to be covered by warranty, and R notified C of that condition. INV did not reveal evidence of a violation. IBOL recommends the Board authorize closure.

I-CON-2006-14                C alleged that R failed to remedy several problems that arose during a routine walk through of new home; that the quality of work preformed on the home was quite serious and needed immediate attention; that C hired a home inspector who found more errors; that C gave R the opportunity to correct the errors but R refused to cooperate. INV revealed that the work in question took place before the registration act. Though R did subsequently become registered, R has taken no action to remedy C's complaints. While action against R may be warranted, Board jurisdiction in this matter is questionable. Sent to DAG for review and recommendation. DAG review determined that the acts, including R's agreement to repair certain items, took place prior to the effective date of the CON act. No evidence was revealed to show a violation. Based on the DAG review, IBOL recommends closure with an advisory that future conduct of this nature could result in discipline.

I-CON-2006-33                C alleges that R will not complete warranted work on home siding. INV revealed that R was delayed in accomplishing repairs due to the weather. INV revealed that repairs were subsequently completed. IBOL recommends the Board authorize closure.

I-CON-2007-16                C alleges that R was hired to install an RV gate and did not install the correct size or put it in the correct place. INV revealed that the work was performed according to the contract and that C signed off on the finished job. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

I-CON-2007-364                C alleged that R is aware of the contractor registration and has not registered and is doing jobs that exceed $2000. Record shows R registered within 10 days of the complaint being filed. IBOL recommends the Board authorize closure per R's compliance.

I-CON-2007-452                C alleged R was hired to frame C's new home. It took over three months to complete framing due to very poor workmanship which caused a NO pass from the inspector. C fixed the errors himself just to pass the second inspection. INV revealed that C failed to return the INV calls to provide supporting information in the original complaint. INV revealed that the R noted that the blue prints for the project were in error and the required changes caused the problems in the framing. R stated that all problems were corrected. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

I-CON-2007-469                C alleged R's have been paid $2838.33 for drywall work which later cracked. R informed C that he will not guarantee his work. R used taping methods not recommended by leading manufacture which was mesh tape and hot mud. INV revealed that C refused to provide requested information. INV also revealed that the matter was heard in court and no substandard work was identified. R noted that upon receiving payment, R would fix any problems identified by C. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

I-CON-2007-479                C alleged R failed to disclose all information required for registration. C was severely injured while working in the employ of R. R did not have workers compensation and C was forced to file a claim. C was awarded monies by of the Industrial Commission. IBOL records show R's registration application noted no employees & self-employed. INV revealed that the incident in question took place in 2004 and that R was not required to disclose the matter on the registration application. It has been confirmed that R is self-employed and without employees. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

I-CON-2007-562                R is alleged to have failed to refund all money allegedly due to C. INV revealed this case is is regarding the sale of an appliance and is not a contractor complaint. IBOL recommends the Board authorize closure.

I-CON-2007-567                C alleged R failed to complete warranty work on a home. Inv revealed that R had tried to fix C's cracked patio per the warranty but failed, and that C did not believe R was moving fast enough to correct the problem. INV met with both parties and agreement was ultimately reached. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

I-CON-2007-582                C alleged R performed unsafe construction practices causing fire and water damage at residence. INV revealed that C directed R to slope the barn floor to the back instead of the front, which may have caused the water problem. R addressed the problem of water entering the barn by adding a threshold. The C then hired a third party to replace the threshold with a drain in front of the door. INV also revealed that C did not like the way the home was wired, but the home passed the initial electrical inspection, and the contract did not address specific or unusual wiring issues. INV revealed that a sink was scratched sometime within the 7 months after construction and that R agreed to replace the sink if C would be responsible for any damage that may occur to the counter. C would not agree. While it appears R has made efforts to address C's concerns, it is unclear what changes were made to the home after it was completed by R. INV did not reveal evidence to support the allegations of a violation. IBOL recommends the Board authorize closure with an advisory that warranty issues be addressed in a timely manner.

I-CON-2007-638                C alleged R was an unregistered contractor. IBOL sent letter requesting response. IBOL received a response stating that R built and owned the house and hired contractors for the framing. All contractors hired were licensed and the house passed all inspections. No evidence was revealed to support the allegations. IBOL recommends the Board authorize closure.

I-CON-2007-118;439;363;442;460;462;464;466;485;486;487;490;493;501;502;510;526;555;559;560;608;627;630;632
        C alleged that R failed to provide proof of liability insurance. No response to initial IBOL request. Certified letter sent requesting response. Documentation was received confirming insurance. IBOL recommends the Board authorize closure.

I-CON-2007-102;110;133;155;172;173;175;176;191;196;204;259;300;304;319;329;348;350;351;361;362;381;386;390;391;392;400;
401;421;425;437;461;465;488;489;492;494;495;496;498;516;517;518;522;529;534;539;542;548;549;550;551;553;558;
583;584;585;586;597;598;601;602;603;605;609;610;611;612;613;628;629;633;634
        C alleged that R failed to provide proof of liability insurance after cancelation notice from insurance company. No response to initial IBOL request. Certified letter sent requesting response. Record shows registration has expired either by request or for failure to renew. IBOL recommends the Board authorize closure, as insurance proof will be required at reinstatement.

I-CON-2007-22;54;76;178;331;540;552;               
        C alleged that R failed to provide proof of liability insurance after cancelation notice from insurance company. IBOL sent notice of cancellation to R and request for current liability documentation. R submitted certificate of liability showing that R was without liability insurance for 6 - 130 days. IBOL recommends the Board authorize closure with an advisory letter regarding the mandatory requirement to maintain current insurance.

I-CON-2008-23                C states that R is not registered. A search of the IBOL database reveal the R is not registered. Certified response letter was sent requesting response. Response with application was received and registration was issued. Based on compliance, IBOL recommends the Board authorize closure.

I-CON-2008-38                C alleged the R took a draw of $163,000 and refused to pay the subcontractors. INV revealed that the C had filed the complaint in anticipation of an issue that could take place. INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

I-CON-2008-48                R allegedly has failed to complete a project and/or failed to return advanced monies. INV revealed that R completed the project as required and no monies were due C. INV did not reveal evidence to support the allegation. IBOL recommends the Board authorize closure.

I-CON-2008-49                C alleged that R is an unregistered contractor. Sent cert letter requesting response. Received email from R confirming registration in Idaho as a Contractor under a business name. IBOL records confirm registration. IBOL recommends the Board authorize closure.

I-CON-2008-50                C alleged R was operating with an expired registration. INV revealed that R subsequently reinstated registration and provided proof of insurance. IBOL recommends the Board authorize closure with an advisory regarding maintaining a current registration.

I-CON-2008-53                C alleged poor workmanship, failure to adequately complete the project, and no disclosure document. INV revealed that C confirmed that all allegations had been addressed by R and C wished to withdraw the complaint. INV did not reveal evidence to support a violation. IBOL recommends the Board authorize closure.

I-CON-2008-78                C alleged R is practicing contracting without registration. Sent cert letter requesting response. R provided documentation of current registration. Records confirm that R was registered at the time of the complaint. IBOL recommends the Board authorize closure.

I-CON-2008-114                C alleged the R was hired for a building project and that R was paid in full by the C. R failed to pay a supplier and a lien was filed against the C's property. INV revealed that C had worked out an agreement with R to pay the money and that C wanted to withdraw the complaint. A written request to withdraw was received. Based on the unwillingness of C to pursue the matter, IBOL recommends the Board authorize closure.

I-CON-2008-172                C alleged that R did an unsatisfactory job installing carpet and r will not respond to correct the problem. INV revealed that all activity occurred in another state and outside the Board's jurisdiction. C was advised to file a complaint with the other state. IBOL recommends the Board authorize closure.

I-CON-2008-177                C alleged R was paid for an incomplete job. A search of the IBOL database reveals R is not registered. INV revealed that R was not registered and claimed to not being aware of the registration requirement. R subsequently obtained registration. INV also revealed that the contract was not clear as to the scope of the work to be done, but C allowed additional work to be done by R that almost doubled the project. INV did not reveal evidence to support a violation other than the initial failure to register. IBOL recommends the Board authorize closure with an advisory that contracts be clear as to work scope and change orders.

I-CON-2008-204                C alleged that R used C's registration number to start 2 construction projects and has never had permission to use the license number and is no longer an employee of R. INV revealed that a building inspector made an assumption that R was still an employee of C. INV confirmed that R did not present or otherwise use C's registration number and that R is appropriately registered. IBOL recommends the Board authorize closure.

**I-CON-2008-207                C alleged that R hung a walk through door to low and when the concrete was poured the level had to be dropped to accommodate for the door. Due to the concrete being poured to low, rain water continues to come in around the door. C later submitted information confirming that the R was not responsible for the problem. C also requested that the complaint be withdrawn. Based on the additional information and C's withdrawal, IBOL recommends the Board authorize closure.

I-CON-2008-230                C alleged that R installed six sprinkler systems and failed to obtain the required permits. INV revealed that R failed to obtain the required permits and was sent to collection. INV also revealed that R admitted to not obtaining the permits as required because the regulations are confusing. R promised to contact the appropriate authorities and initiate a plan to insure that permits are obtained as required. IBOL recommends the Board authorize closure with an advisory letter.

I-CON-2008-235                C alleged that R installed a sprinkler system and failed to request the required permit or inspection. A search of IBOL database revealed R's business is no longer in operation and the registration is expired. INV did reveal evidence to confirm that R was the installer of the valve in question and should have obtained the permit and inspection. The project was subsequently finished by another contractor and all inspections were conducted. IBOL recommends the Board authorize closure.

I-CON-2008-4;8;9;13;17;19;21;33;44;46;65;88;93107;110;129;131;132;
        C alleged that R failed to provide proof of liability insurance. No response to initial IBOL request. Certified letter sent requesting response. Documentation was received confirming insurance. IBOL recommends the Board authorize closure.

I-CON-2008-3;6;12;15;16;20;22;25;26;30;32;47;62;64;67;68;82;83;86;89;90;103;105;108;109;125;
        C alleged that R failed to provide proof of liability insurance after cancelation notice from insurance company. No response to initial IBOL request. Certified letter sent requesting response. Record shows registration has expired either by request or for failure to renew. IBOL recommends the Board authorize closure, as insurance proof will be required at reinstatement.


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Last Modified - March 08, 2009