IBOL COMPLAINT MEMORANDUM

                DATE:                 April 16, 2009

                TO:                       Idaho State Contractors Board

                SUBJECT:         Complaint Investigation Report   

 

Fiscal Year 2009 (to date)

            Total Complaints received                                                                                     189
                        (Including 3 insurance files.)

            Status:
                        Closed by Board action                                                                     13
                        Closed following disciplinary action                                                3
                        Pending Office of the Attorney General                                      37
                        Remaining under investigation                                                    104
                        Awaiting Board determination                                                        32

 

Fiscal Year 2008

            Total Complaints received                                                                                     394
                        (Including 107 insurance files.)

            Status:
                        Closed by Board action                                                                  182
                        Closed following disciplinary action                                              25
                        Pending Office of the Attorney General                                      92
                        Remaining under investigation                                                       75
                        Pending Internal Processing                                                             1
                        Awaiting Board determination                                                        19

 

Fiscal Year 2007

            Total Complaints received                                                                                     634
                        (Including 421 insurance files.)

            Status:
                        Closed by Board action                                                                  514
                        Closed following disciplinary action                                              41
                        Pending Office of the Attorney General                                      54
                        Remaining under investigation                                                       12
                        Awaiting Board determination                                                        13

 

Fiscal Year 2006

            Total Complaints received                                                                                       56

            Status:
                        Closed by Board action                                                                     44
                        Closed following disciplinary action                                                9
                        Pending Office of the Attorney General                                         3

  

For Board Determination: 

I-CON-2007-2                     C alleges that R was hired to erect a garage; that R took delivery of the garage and put forms in the wrong spot, and the cement was never poured.  The garage is missing and R has all the plans and cannot be reached or located. R was paid for supplies.  INV revealed the C was not cooperative and would not make contact or provide information.  IBOL recommends the Board authorize closure. 

I-CON-2007-116, 360,     C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. R provided documentation of insurance. IBOL recommends the Board authorize closure.  

I-CON-2007-150, 163, 166, 179, 211, 387, 415,     C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Cert letter sent requesting response. No response. Registration subsequently expired. IBOL recommends the Board authorize closure.  

I-CON-2007-181                C alleges R is in breech of contract and poor workmanship.  INV revealed the R entered into the contract before the Contractor Registration Act, therefore the Board does not have jurisdiction.  IBOL recommends the Board Authorize closure.  

I-CON-2007-284                C alleges that R failed to properly supervise workers resulting in poor workmanship, and that R abandoned the project. INV revealed evidence to support the allegation of substandard paving.  INV also revealed that, while poor workmanship was questioned, the C allowed the R to return to the jobsite and complete the project. Pro-Reviewer commented on three (3) issues.  Poor workmanship probably is the cause of open pavement joints; that there were material segregation problems; and that the concrete may not have been of  the desired quality. Pro-reviewer concluded that R should not be held responsible. Sent to DAG.  Based upon the pro-reviewer’s opinions, the DAG recommended that the Board authorize a warning letter to R concerning adequate on-site supervision and quality of work. The Board determined that a Board member would review the file and prepare his findings of the entire file and the review of the pro-reviewer.  The Board member's review concluded the pro-reviewer was accurate and that the DAG's recommendation was appropriate. IBOL recommends the Board authorize closure.  

I-CON-2007-519                C alleged that R breached the contract to build their home by failing to complete the work in a timely and competent manner, forcing C to hire others to complete the work. R later filed a lien against C's home for C's failure to pay final billing. INV revealed the R was not given the opportunity to complete the touch up or cosmetic issues appropriately, before being ordered off the property.  Neither the County Building Official nor an independent contractor found any sub-standard work.  All required and agreed upon work has been completed and all financial disputes have been resolved.  IBOL recommends the Board authorize closure.  

I-CON-2008-14, 152, 154, 197              C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Cert letter sent requesting response. No response. Registration subsequently expired. IBOL recommends the Board authorize closure.  

I-CON-2008-73                   C alleged R was an unregistered Contractor.  Sent certified letter requesting response.  Letter was returned marked "Return to sender, no such number, unable to forward."  Sent to DAG.  R's subsequent response to DAG noted that R no longer does work in Idaho and  stated that "if I decide to do any contracting work in Idaho in the future I will register with the Board."  Based on the DAG review and recommendation, IBOL recommends the Board authorize closure.  

I-CON-2008-170                C alleges R has no liability insurance or Workers Compensation insurance.  A search of the IBOL database reveals that R is not registered. Sent request for additional contact information from C. C did not respond and R cannot be located. IBOL recommends the Board authorize closure.  

I-CON-2008-184                C alleges that R contracted to build a retaining wall.  C alleges that the retaining wall is incomplete and R agreed to go back and finish it, but R has never completed the work. INV revealed the R built the retaining wall according to code and in accordance with the County Building Department.  INV also revealed that both R and the Manager of the County Water District tried to explained to the C that they could not build the wall over the water main, and that C tried forcing the R to complete a job that was not within the county code.  INV was unable to make contact with the C for additional information.  IBOL recommends the Board authorize closure.  

I-CON-2008-226                C alleges that R installed a sprinkler system without obtaining the required permit.  R has also failed to pay the double fee that was administered and has not requested an inspection. INV revealed the R is the resident property owner and that the Board does not have jurisdiction in this matter.  IBOL recommends the Board authorize closure.  

I-CON-2008-229                C alleged that R installed a sprinkler system and R did obtain the required permits but R has not requested an inspection. INV revealed this complaint is pertaining to plumbing and the R is licensed as a plumber.  DAG review concluded the issues are all pertaining to the plumbing and would not fall within the Board's jurisdiction.  IBOL recommends the Board authorize closure.  

I-CON-2008-249                C alleged that R is operating without the benefit of being registered.  Certified response letter sent. Attorney responded denying that R was practicing.  INV revealed that C & R had been partners and the business had dissolved.  INV did not reveal evidence that R was contracting. IBOL recommends the Board authorize closure.  

I-CON-2008-254                C alleged that R installed a septic tank and failed to obtain a permit and request an inspection. INV revealed evidence that R did install the tank and was not registered as a contractor.  Sent to the DAG.  DAG review concluded that this matter should be handled by the Department of Environmental Quality, as they regulate the installation of  septic systems. IBOL recommends the Board authorize closure and refer the case to DEQ.  

I-CON-2008-260                C alleged that R contracted to build a steel building, that C made a down-payment to R, and no work has been done.  C has tried to contact R and will not return any phone calls. INV revealed the work was to be done in Washington and the R is registered with the State of Washington.  IBOL recommends the Board authorize closure and forward the complaint to Washington State Board of Contractors.  

I-CON-2008-288                C alleged that R was hired as a contractor, that  R was unable to work, that R failed to communicate with C, that R had no time frame of job completion, that R was not around to work with the sub-contractors, that R would get upset when C asked questions about the house, and that R made racial comments.  C also made numerous other allegations concerning the R’s failures with the project. INV revealed the C was not cooperative in providing documentation to substantiate any of the allegations and no evidence of a violation was revealed.  IBOL recommends the Board authorize closure.  

I-CON-2008-302                C alleged that R was contracted to repair the C’s roof.  R repaired the roof and gave a guarantee that the roof would not leak.  The roof is leaking and the R tried to fix the roof but was unsuccessful and now the R will not return any phone calls. INV revealed the R repaired C's roof and was unable to seal it to prevent leaking, and that R refused to attempt further fixes. INV also revealed that R had verbally advised C that the repair could not be warranted because they were not re-roofing the entire roof. R stated that attempts to remedy the leaks by putting an ice and water shield on the roof, which was above and beyond the original contract, were unsuccessful. The contract was between R and C, and there is no evidence that there was any sort of warranty for the roofing repairs. IBOL recommends the Board authorize closure.  

I-CON-2008-320                C alleged that R was hired to drywall the C's house.  After painting the house, the drywall seams and tape were still visible and some of the outlet and plumbing holes were visible even with covers on them.  R came back and fixed some of the problems but will not come back to finish fixing the problems. INV revealed the R completed the job but the C refuses to pay the R.  The problem areas are from moisture penetrating the inside of the house.  The C did not have the house dried inside before the sheet rock was hung and the sheet rock swelled.  INV did not reveal evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure.  

I-CON-2008-364                C alleged that the R is submitting bad checks to pay for completed jobs. INV revealed the C would not provide further documentation to substantiate the allegations or a violation.  IBOL recommends the Board authorize closure.  

I-CON-2008-389                C alleged the R was contracted to do some cement work and never completed it.  The C stated the R wanted to be paid before the job was finished, and the C wanted the job finished before the R would be paid.  C also stated the R never paid the suppliers and they filed a lien on the property. INV revealed the R did complete the job but not to the C's satisfaction and the C would not pay the R for the completed work and therefore the R could not pay for the supplies.  The work the C was not satisfied with was prepared by the C. The R told the C that they would not warranty that part of the work if the C would not prepare the site properly.  INV did not reveal any evidence to support the allegations or a violation.  IBOL recommends the Board authorize closure.  

I-CON-2008-399                C alleged R hired the C as a subcontractor and failed to pay the C.  The C received a judgment against the R.  This appears to be a civil matter and IBOL recommends the Board authorize closure.  

I-CON-2008-400                C alleged the R was contracted to install a vinyl floor in the C's home.  The C alleged the R did not use a wax ring when replacing the toilet after the floor was put in and the floor rotted. INV revealed that water had intruded the crawl space by irrigation water, and the bathroom sink and shower leaked.  INV did not reveal evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.  

I-CON-2009-6                     C alleged the R was arrested for lewd conduct with a minor under the age of 16 and sexual battery of a child between the ages of 16 and 17. INV revealed the R was later acquitted of the charges.  IBOL recommends the Board authorize closure.  

I-CON-2009-7, 8 & 9         C alleged the R built the C's house and did not provide an access to the crawlspace above the ceiling; that insulation was not put in the crawl space; and numerous other major problems. INV revealed that all the issues were corrected under the warranty.  IBOL recommends the Board authorize closure.  

I-CON-2009-10                   C alleged the R filed two fraudulent liens on two different properties the C was working on. INV revealed the R was not paid by the C and the R rightfully filed a lien.  INV did not reveal any evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.  

I-CON-2009-12                   C alleged the R requested draws but would not provide accounting statements for the request. INV revealed the R would not provide any supporting documents to support their work.  Sent to the DAG for legal review.  DAG review determined that the contract between C & R was entered into in 2005.  The Contract is for a fixed sum and is not for a "cost plus" amount.  The signed contract contained a clause stating the contract and the documentation is privileged information and the sole property of the Contractor.  The contract is outside the jurisdiction of the Board and appears to be a contract dispute between the parties.  IBOL recommends the Board authorize closure.  

I-CON-2009-24                   C alleged the R was subcontracted to install new cabinets in the C's new house.  The R has not completed the job but has been fully paid. INV revealed the R did complete the work and the C is now satisfied with the work.  IBOL recommends the Board authorize closure.  

I-CON-2009-27                   C alleged the R was hired to drywall and texture the C's three car garage.  C states the R did not clean up and there was an excessive amount of over spray.  The C also stated the R bent the bottom of the garage door and did not cover up the C's lawn equipment and sprayed over the top of them. INV revealed there were other subcontractors that were working at the property and there is no way to tell who damaged the garage door.  INV also revealed that there was an insignificant amount of overspray on a door and water heater. IBOL recommends the Board authorize closure.  

I-CON-2009-35                   C alleged the R delivered sheetrock to the C's house and knocked a hole in a vinyl frame.  When the C tried to tell the R about the delivery the R became physically abusive toward the C to make the C leave. INV revealed that this is a he said she said situation and the INV did not find evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.  

I-CON-2009-42 & 43         C alleged the R was hired to have some doors taken down and stained.  The R recommended a subcontractor to do the staining.  The subcontractor failed to stain the doors correctly. INV revealed that, when contacted, the C requested that the complaint be withdrawn.  IBOL recommends the Board authorize closure.  

I-CON-2009-50                   C alleged the R was contracted to build the C’s home and that the house would not pass the inspection and had the following problems:  mold re-emergence due to irrigation spray heads set to close to the foundation; negative grade surrounding the house; vapor barrier and crawl space insulation not per code and not per building permit; electrical wiring not completed correctly; and mechanical devices not installed per code requirements. INV revealed the home was built before enactment of the Contractor's Registration Act.  IBOL recommends the Board authorize closure.  

I-CON-2009-52                   C alleged the R will not pay the supplier. INV revealed the issue was resolved and the C received payment.  IBOL recommends the Board authorized closure.  

I-CON-2009-67                   C alleged the R was hire to build 3-station salon and the R will not return to finish the job. INV revealed the R completed one station to C's specifications and then the C changed the plans and wanted a latch put on the station.  The R stated that he could not, as the station was not built for a latch and the R could not find a latch to fit.  The C then wanted a refund for the project.  This complaint is civil in nature and IBOL recommends the Board authorize closure.  

I-CON-2009-68                   C alleged the R was hired to reface the C's cabinets.  The R walked off the job and will not return. INV revealed the C will not make contact or provide additional supporting documentation to the INV.  INV did not reveal any evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.  

I-CON-2009-75                   C alleged the R is practicing without being registered.  C also stated that R installed curbing too low and some of it was installed backwards.  C also stated that there was a billing error. INV revealed the job is under the $2000 dollar limit and there is no evidence to prove the R ever contracted for more than the $2000 exemption limit.  IBOL recommends the Board authorize closure.  

I-CON-2009-76                   C alleged the R was hired to replace a damaged floor. C states the R used bad glue that left yellow spots on the floor.  C also states the R left a burnt spot, did not finish painting some texture, left uneven trim with gaps, left a nine inch cut in the wall, damaged the back splash, and the pressboard moves up and down like it is not supported. INV revealed the C and R came to an agreement and the R addressed the issues to the C‘s satisfaction.  IBOL recommends the Board authorize closure.  

I-CON-2009-87                   C alleged the R performed substandard work. INV revealed the R did not receive any money for the job and was not allowed to come back onto the property or discuss any issues with the C.  INV revealed the R followed the provisions of the contract.  IBOL recommends the Board authorize closure.  

I-CON-2009-94 & 95         C alleged the R was hired to apply mud, tape and texture to some drywall for the C's house.  C stated the R was not registered at the time work was being done. INV revealed the job is under the $2000 dollar limit and there is no evidence to prove the R ever contracted for more than the $2000 exemption limit.  IBOL recommends the Board authorize closure.  

I-CON-2009-98                   C alleged the R was contracted to install a new roof on the C's house.  C states that a deposit was paid to the R and R obtained the materials that were sent to the C's house, but the R never showed up to start the job. INV revealed the R is licensed in another state and the work performed was in that state.  The Board does not have jurisdiction in the matter.  IBOL recommends the Board authorize closure and to forward the case to the appropriate regulatory State Board.  

I-CON-2009-99                   C alleged the R damaged the C's bathroom while replacing counter tops.  C states the R added additional charges C should not have been responsible for. INV revealed the C stated the issues were resolved and the C is very happy with the final improvement.  IBOL recommends the Board authorize closure.  

I-CON-2009-102 & 103                C alleged the R ordered and received framing truss from the C but will not pay the C. INV revealed the C reached a settlement and does not wish to proceed with the complaint.  IBOL recommends the Board authorize closure.  

I-CON-2009-118                C alleged the R was contracted to paint the C's house, and that the R has been paid but will not finish the job. INV revealed the R needs to go back and complete some minor touch-up painting.  INV also revealed the R was told not to go back onto the property or they would be physically harmed.  INV did not reveal any evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.  

I-CON-2009-127                C alleged the R was contracted to re-shingle the C's roof, and the roof now has a leak that the R refuses to fix. INV revealed the R has returned to fix the leak several times but was unable to find the leak.  INV also revealed that there is no evidence that it ever leaked.  IBOL recommends the Board authorize closure.  

I-CON-2009-128                C alleged the R was asked to do an estimate for a retaining wall to be submitted to the C's insurance Co.  C states the insurance Co. denied the estimate and now the R is pursuing the C for payment of the estimate. INV revealed the R sent a letter to the C stating that they will not pursue the C for payment.  IBOL recommends the Board authorize closure.  

I-CON-2009-137                C alleged the R coerced the C to pour more yardage of asphalt than the C agreed to. R then requested payment for the overage. INV revealed the R did exactly what was stated in the contract that the C signed.  C has confirmed that the issue was resolved and settled.  IBOL recommends the Board authorize closure.  

I-CON-2009-152                C alleged that R was hired to do weatherization work on C's home; that R filled the furnace cold air ducts with insulation and failed to reinstall gutters after roofing; and moisture damage and mold resulted in the home causing C and spouse to experience respiratory illness.  INV revealed the work took place before the Contractors Registration Act and therefore the Board does not have jurisdiction in this matter. IBOL recommends the Board authorize closure.  

I-CON-2009-158                C alleged the R was hired to seal coat and stripe three auto dealership parking lots.  C states the parking lots have large chunks of seal coating and stripes that have peeled up.  C states the condition of the parking lots have ruined brand new carpets and colored concrete. INV revealed the R has made contact with the C and has agreed to redo the job to C’s satisfaction.  IBOL recommends the Board authorize closure.

I-CON-2009-167                C alleged the R was hired to paint the interior of three houses.  The C has asked the R to come back and fix some problems but the R refuses. INV revealed the project was located in WY and therefore the Board does not have jurisdiction in this matter.  IBOL recommends the Board authorize closure with a referral to the WY CON Board.  

I-CON-2009-178                C alleged the R contracted with C for advertising services and the R refuses to pay the C.  IBOL would like the Board to provide some guidance pertaining to this complaint.  If the allegations were proven, would the Board consider such conduct “dishonest or dishonorable” dealing per 54-5215(2)(g)? 


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Last Modified - April 16, 2009