FROM:                Bureau of Occupational Licenses 

                SUBJECT:         Complaint Investigation Report   

Fiscal Year 2008 (to date)

            Total Complaints received                                                                                          353

                        Including no liability insurance files                                                  109

            Status:

                        Closed by Board action                                                                         61
                        Closed following disciplinary action                                                      1
                        Pending legal review by the Office of the Attorney General          70
                        Remaining under investigation                                                          177
                        Awaiting Board determination                                                             44

Fiscal Year 2007

            Total Complaints received                                                                                          635

                        Including no liability insurance files                                                  422

            Status:

                        Closed by Board action                                                                       419
                        Closed following disciplinary action                                                    12
                        Pending legal review by the Office of the Attorney General        102
                        Remaining under investigation                                                             57
                        Awaiting Board determination                                                             45

Fiscal Year 2006

            Total Complaints received                                                                                            56

            Status:

                        Closed by Board action                                                                         42
                        Closed following disciplinary action                                                      5
                        Pending legal review by the Office of the Attorney General            8
                        Remaining under investigation                                                               1

For Board Determination: 

I-CON-2007-5                     C alleges that R was hired to complete a landscaping job and never completed job, does sub-standard work and refuses to correct and complete job. INV revealed that the main issue revolves around additional work that C says R owes, which may constitute a violation of 54-5215(g). Send to DAG.  DAG determined that the investigation revealed NO evidence that R failed to perform the job in a workmanlike manner or failed to complete the job.  There are witness who will testify that R completed the job, the sprinklers were working fine, that C failed to fertilize or properly care for the grass, and that C declined to have curbing installed which would have prevented some problems. IBOL recommends the Board authorize closure.  

I-CON-2007-10                   C alleges that R was paid half the contract price to install a door, after months of waiting for the installation R is avoiding C and is in breech of the contract. INV revealed  that all attempts to locate the R were unsuccessful. IBOL recommends the Board authorize closure and flag the R file.  Upon renewal R will be required to provide a statement regarding this incident.  

I-CON-2007-13                   C alleges that R is in breech of contract and has requested a full refund of the monies paid for installation of windows through out C's house. INV revealed that the R installed the windows and the C was satisfied.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2007-17                   C alleges that R will not respond to the numerous phone calls made to R regarding the flooding in the back yard due to improper landscaping. INV revealed that the home was built before the Contractors Registration Act.  The R did inform the C how to fix the problem and the C fixed the problem.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2007-39;431;457;459;463;497;509;512;515;528;541;543;599;600;606;607;            C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company.  R failed to respond to request for documentation.  IBOL records show registration expired.  IBOL recommends the Board authorize closure, as insurance proof will be required at time of reinstatement. 

I-CON-2007-44                   C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. R did not respond to IBOL request. Certified demand letter sent for response. R failed to respond and case sent to DAG Documentation of current insurance received. IBOL recommends the Board authorize closure. 

I-CON-2007-48                   C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company.  IBOL received notice that insurance cancelled. No response to IBOL request. R submitted proof of insurance with renewal. IBOL recommends the Board authorize closure. 

I-CON-2007-152                C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. R then submitted a renewal and answered insurance questions YES. Cert letter sent requesting response.  No response was received.  A subsequent review revealed that the Bureau did have proof of liability insurance and that Respondent has had continuous coverage. IBOL recommends the Board authorize closure.  

I-CON-2007-186                C alleges that R is un-registered and was hired to complete a fireplace in C's back yard.  R received $4500 for a partial down payment.  R had excuses after excuses as to why he could not complete the job.  A search of IBOL records confirms no registration for R. INV revealed that the R is operating under a alias and is not register.  The local sheriff dept has INV this case in detail but is unable to contact or find the R.  IBOL INV is unable to contact the R also. IBOL recommends the Board authorize closure.  

I-CON-2007-187                C alleges that R abandon the written / verbal agreement for a Vinyl siding installation job.  R received payment in the amount of $3182 and has failed to comply with C's written request for reimbursement. INV revealed that the C filed a small claims court case against the R and was awarded a judgment and a settlement amount.  The R's registration has expired and all attempts to locate or contact the R have failed. IBOL recommends the Board authorize closure and flag the R's record until such time the R will respond to this case.  

I-CON-2007-218                C alleges that R was contracted to build a covered deck and was paid up front for all the materials.    The work that was completed is low in quality and incomplete.  To date the deck is not finished and will not pass inspection. INV revealed that the C fired the R and refused to allow the R back on the property therefore the quality of the R's work could not be properly evaluated.  The C did file a small claims court case against the R and the R was able to produce an order to dismiss the case. Investigation did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  

I-CON-2007-219                C alleges that R was contracted and was paid $7100 to cover materials and to get started on job.  There was no consistency with work being done and sub contractors would come and go when they pleased.  C later hired a new crew to complete the work. INV revealed that the R is incarcerated and is not available for an interview.  R's registration is expired. IBOL recommends the Board authorize closure and flag the R record until such time the R can be interview.  

I-CON-2007-234                C alleges that R's standard of practice is very poor. IBOL records do not include registration for R. Sent cert letter requesting response, no response.  Sent case to INV to determine how the company name comes into this scenario. INV revealed that the Company contracts with a register contractor.  The contractor stated that there was a flaw in the design and will be easily fixed by the R. IBOL recommends the Board authorize closure.  

I-CON-2007-273                C alleges that R attempted to get C to be deceitful in obtaining money from the bank in order to complete a construction project. When C was unwilling R billed C for time and travel after verbally withdrawing from the contract. C withdrew the complaint. IBOL recommends the Board authorize closure.  

I-CON-2007-313                C alleges that R's standard of practice is very poor. IBOL records do not include registration for R. Sent cert letter requesting response, no response. Case was sent to an INV to determine how the company name comes into this scenario. INV revealed that the Company contracts with a register contractor.  The contractor stated that there was a flaw in the design and will be easily fixed by the R. IBOL recommends the Board authorize closure.  

I-CON-2007-323                C alleges that R dumped garbage rock on C's property and would not produce proof of registration, insurance, and workers comp.  C later told R to remove the rock and to not return to property.  A search of IBOL records confirms NO registration for R. INV revealed that the R was not register in 2006.  The R also stated that the R is no longer in business and the R is to old to perform contractor services any longer.  The R also stated the R has no intention of providing contractor services in the future. IBOL recommends the Board authorize closure.  

I-CON-2007-328                C alleged R failed to complete contracted repairs. INV revealed that the C stated that the R has done everything but it was not done adequately.  R stated they had gone way out of their way to accommodate the C and after repainting for the fifth time the R pulled the workers off of the job.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2007-470                C alleges R is in breach of an oral contract for concrete services that were paid in full but never completed.  C was forced to pay the concrete pumping company for cement to keep the cement company from placing a lien on C's property. INV revealed that the R or the C will not cooperate with the INV.  The R's registration is expired. IBOL recommends the Board authorize closure and flag the R record until such time R cooperates with this investigation.  

I-CON-2007-471                C alleges R & C made an oral agreement that R would store all painting materials and equipment in C's garage in exchange for paint and repair work of C's garage.  C filed a claim in small claims court against R. INV revealed that the R could not be found.  There was a small claims case and the judgment and the courts findings of fact and determined there was no harm to the C.  INV also reveal the R is operating without the benefit of registration. IBOL recommends the Board authorize closure and to flag the R record until such time the R can respond to this case.  

I-CON-2007-478                C alleged R built C a custom built home with a twelve month warranty that R has not honored.  C supplied R with a list of small things that needed to be completed prior to the twelve months warranty expiration. INV revealed that the R had fixed the problem without the C knowing and the C and the R came to an agreement.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2007-491                C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Sent cert letter requesting response.  No response. Send to DAG. IBOL records show the registration expired IBOL recommends the Board authorize closure, as insurance proof will be required at reinstatement.  

I-CON-2007-504                C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Sent cert letter requesting response. Send to the DAG. R responded with notice that business was not being conducted, as the company had liquidated. IBOL records show the registration was cancelled. IBOL recommends the Board authorize closure.  

I-CON-2007-505                C alleged that R was hired to paint C's home.  R started the job, then left and never returned to complete the job.  R was paid $1,500 for the portion of the work that was completed but never deposited or cashed the check and later sent C a demand letter for payment. INV revealed that the R stated that the C did not want the R back on the property.  C stated that they never stated that.  There was a civil case and the R was awarded a judgment which also throws out the counter claim for workmanship. IBOL recommends the Board authorize closure.  

I-CON-2007-527                C alleged that R did not deliver on a contract as agreed. INV revealed that the R planned to build in a subdivision under control of another developer and the developer denied the R's architectural designs.  The R offered to build the same home in a different community but the C denied the offer.  INV also revealed that the R never received the earnest monies. IBOL recommends the Board authorize closure.  

I-CON-2007-545                C alleged unregistered practice.  IBOL records confirm no registration. Sent certified letter requesting response, response received.  R denies practice for over 1 year due to health problems and the cost of insurance. Assign for investigation to confirm that practice has ceased. INV revealed that the R was not working.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2007-546                C alleged that R is not registered.  IBOL confirms no registration. Sent certified letter requesting response, response received.  R denies practice other than as a laborer and denies practice for over 1 year due to father's health problems. Assigned for investigation to confirm that practice has ceased. INV revealed that the R was not working.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure. 

I-CON-2007-594                C paid R $324.  R never returned to complete the job or to provide the materials. IBOL records do not contain registration info for R. Send cert letter for response.  There was no response and the case was sent to an INV. The IBOL received the certified returned green card but it was signed for by someone other than the R. INV revealed that this case is a HVAC case.  The R is not register with the Board of Contractors and all attempts to contact the R were unsuccessful. IBOL recommends the Board authorize closure.  

I-CON-2007-615                C alleged that R failed to complete a paint job on exterior siding. INV revealed that the R informed the C that the siding on the bottom of the building was a different consistency and would absorb the paint differently.  The R went back to repaint at least 3 times to satisfy the C.  After the R went back the last time the C never contacted the R of any problems.  INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  

I-CON-2007-617                C alleged that R damaged existing stove top and failed to pay for a replacement. INV revealed that the stove top was cracked but the crack was not discover until the R left.  The R denies cracking the stove top and it is not possible of knowing how the stove top was cracked. IBOL recommends the Board authorize closure.  

I-CON-2007-635                C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Sent cert letter requesting response. R sent a letter stating that R's business has cease on 14 May 07 and R surrender their registration. IBOL recommends the Board authorize closure.  

I-CON-2008-5                     C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Sent cert letter requesting response. No response was received and the file was, sent to DAG.  R advised DAG that practice had ceased other than as an employee, and records show the registration is cancelled. IBOL recommends the Board authorize closure.  

I-CON-2008-18;24;27;28;45;54;59;92;137;144;158;188;193                C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company.  Sent cert letter requesting response. Record shows registration has expired for failure to renew. IBOL recommends the Board authorize closure, as insurance proof will be required at reinstatement.  

I-CON-2008-39                   Unregistered practice. Sent cert letter requesting response, no response was received. INV contacted R to review the registration requirements.  R said that an application would be submitted.  IBOL records confirm that an application was submitted and registration was approved. Based on compliance, the IBOL recommends the Board authorize closure.  

I-CON-2008-57                   C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Sent cert letter requesting response.  No Response Send to the DAG. R submitted a letter noting the business was not in operation and the registration was cancelled. IBOL recommends the Board authorize closure.  

I-CON-2008-66 & 85         C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Sent cert letter requesting response. R submitted proof however, documents indicate a 6 month laps.  IBOL recommends the Board authorize closure with an advisory letter regarding the mandatory requirement to maintain current insurance.  

I-CON-2008-71                   Poor workmanship in framing - failed inspection three times.  Failed to provide contract until job was complete. INV revealed that the C could not show any of the problems that the C was referring to.  The R was able to provide a signed contract that the C stated that they did not receive.  INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  

I-CON-2008-97                   C alleges driveway cracked 13 months after construction. INV revealed that the R's warranty was for 12 months.  The R's warranty covers cracks 1/4 of an inch or larger. The crack the C is complaining about is 1/16 of an inch or less.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2008-104                C alleges that R failed to provide proof of liability insurance after receiving cancelation notice from insurance company. Sent cert letter requesting response, response received.  R stated that R's company never started construction due to the market slowing down and canceled the insurance. R registration is canceled.  IBOL recommends the Board authorize closure.  

I-CON-2008-124                C alleges that R has incomplete work, operated without permits and possible breach of contract. INV revealed that the C neglected to tell the INV that there was a previous contractor that had worked on the project and the C asked the R to finish the work.  INV also revealed that the C was to obtained the permits not the R.  The C never provided any plans or details about the project and there was a difference of opinion.  The R withdrew from the project without being fully paid and provided the C with the contact information of other contractors to complete the job.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2008-167                C alleges that R did not complete the job as contracted and C did not pay the agreed amount for the contract to R.   R has now filed a lien against C. INV revealed that the R had completed the job and gave the C a discount for items not done and the C was satisfied.  The C later found an advertisement with a discount and the C cancelled the check given to the R for the completed work and wrote a different check with the discount include in the amount.  This case is civil in nature. IBOL recommends the Board authorize closure.  

I-CON-2008-181                C alleges that R did not complete the job nor did the R do it correctly.  C alleges that the roof leaked and caused damage to the inside of their house.  R will not return any calls or make contact with C. INV revealed that the C and two other friends finished the roof and did not replace the flashing.  The part that leaked is were the C finished the work.  The R did return to the property to finish but when the R arrived there were people on the roof already completing the job so the R left.  INV did not reveal evidence to support the allegations or a violation. IBOL recommends the board authorize closure.  

I-CON-2008-205                C alleges that R was using C's' license number to start his own company and used it on R's advertising signs.  The C told R to stop using the license number and remove it from the signs.  C still has not removed the license number from the signs. INV revealed that the R had removed all signs pertaining the C registration number and had new sign put up.  The R stated that the R did not know of any other signs posted with the C registration number but if the R found any they would take them down.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2008-246                C alleged R was convicted of Grand Theft for a contracting job and pleaded guilty on a criminal case for theft by deception on several contracting jobs. IBOL records show a pending application for registration. INV revealed that R has been convicted of Grand Theft by deception regarding the acceptance of funds for contracting projects, and for witness intimidation.  IBOL recommends the Board deny the pending application and authorize closure.  

I-CON-2008-247                C alleged that R was hired to install paneling in a bedroom.  C alleged that R paneled over a cabinet without using any sheetrock, used old trim that C did not like or want.  C also alleges that R over charged her for the trim, outlet plates, and a phone jack. C withdrew the complaint and did not want to pursue the issue. IBOL recommends the Board authorize closure.  

I-CON-2008-251                C alleged that R was contracted to remodel the bathrooms in the C's house.  R failed to complete the job in a timely manner and would not fix problems that R made.  R hired a sub-contractor and did not pay him and the sub-contractor placed a lien on the C's house. INV revealed that the C filed this complaint prematurely as the sub-contractor was paid prior to any lien being filed.  The R and the C both came to agreement to complete the job. IBOL recommends the Board authorize closure.  

I-CON-2008-253                C alleged that R contracted to build C home.  C alleged that they have had problems with the HVAC system and it was replaced.  C has tried to resolve the matter with the HVAC subcontractor over the past five years.  C requested that the R help compensate for the expense of the new HVAC system. INV revealed the house was built prior to the Contractor's Registration Act.  A small claims court judgment did not find the R liable for helping to replace the HVAC system.  The sub-contractor who replaced the system claimed there was nothing wrong with the first system.  The C wanted a new system to cut back on their gas bill.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure.  

I-CON-2008-264                C alleged that R hired the C to screen 8000 yards of sand for a golf course.  R has failed to pay C and C has filed a lien against the golf course and sent a collections letter to R with no response. INV revealed that golf course is having financial issues and is going though foreclosure and the money generated during this will be given to the R and the C. IBOL recommends the Board authorize closure.  

I-CON-2008-275                C alleged that R contracted with the complainant to install marble tiles.  R hired a subcontractor to install the tile and resulted in deteriorating and damaging results.  C states that R refused to fix or refund the money to have the damage fixed.  A search of the IBOL database revealed that R is not register. INV revealed that the R was practicing without registering.  The R stated that they did contact the IBOL and there seems to have been some confusion if the R needed to register or not.  The allegation of being dishonest and poor workmanship is unfounded.  There were some problems with the work and the R worked with the C to fix the issues and the C was still not satisfied.  R refunded the total amount for the job. IBOL recommends the Board authorize closure with a cease and desist letter.  

I-CON-2008-277                C alleged that R was hire to cover an exposed pipe and inspect and cover exposed wires.  C paid R most of the money and R spent 8 hours on the job and has not come back.  C also alleged that R stated that they were registered.  A search of the IBOL database revealed that R is not register.  Sent a certified response letter to R response. R sent letter stating to being hired by the homeowner by the hour to hang sheetrock, and that the job was less than the $2000 limit. Documentation from both parties confirm that the job was below the limit requiring no registration. IBOL recommends the Board authorize closure. 

I-CON-2008-278                C alleged that R is remodeling a house without obtaining any permits.  C also alleged that R is not register.  A search of the IBOL database revealed that R is not register.  INV revealed the R is the property owner and was doing the work on the property.  R did stop working on the property and hired a contractor and obtained all permits to finish the job. IBOL recommends the Board authorize closure.  

I-CON-2008-279                C alleged that R changed the structural framing in the basement by placing a bearing header that failed structural load.  C stated that R failed to obtain permits and no inspections were completed.  C also stated that R is not registered.  A search of the IBOL database revealed that R is not registered.  Sent a certified response letter, response received. R stated that the R entered into a minor project and the C was not satisfied and the R refunded all money.  R also stated that the R's employment is not in Idaho and nor does the R plan to work in the State of Idaho.  IBOL recommends the Board authorize closure.  

I-CON-2008-287                C alleged that R failed to pay the unemployment insurance taxes and penalties that were due and payable for the first quarter 2004 through to the end of the third quarter of 2006. C requested that this case be withdrawn. IBOL recommends the Board authorize closure.  

I-CON-2008-290                C alleged that R bid against the C on a project that requires commercial grade playground equipment and the R is not a public works or Register in the state of Idaho.  Sent a Cert response letter, response received. C states that they occasionally hire a Idaho licensed sub-contractor to install some of the products that they sell.  The last project completed in July 2007 and the R currently has no projects pending for Idaho. IBOL recommends the Board authorize closure.  

I-CON-2008-293                C alleged that two properties were purchased.  R told the C that one lot cost more due to the rear of the house would be facing east. R sent an addendum with the cost hidden in the improvements, changes and additions.  The C alleged that the R sold the second house knowing and omitting the fact the lot was preconditioned to flooding.  C's property flooded and took two month to evaporate.  R stated they would put in a French drain.  R then made to holes in the ground which are eight feet deep with a grate on top.  C had three experts evaluate the water problem and all three stated that R's eight foot hole would not work and that the eight foot holes were not a French drain. INV revealed that the lot was purchased from the developer and not the R.   INV also reveal that the property slopes to the rear and the property behind the C is sloped to the rear.  When the property owner behind the C put down grass they over watered and flooded the C property.  The R put in a french drain to solve the problem although it was not the R's problem.  INV did not reveal evidence to support the allegation or a violation. IBOL recommends the Board authorize closure. 

I-CON-2008-296                C alleged that R was contracted to build an outdoor table using a metal base to support a seven foot by 4 foot and one and one quarter inches thick granite slab.  C states that the metal base was not welded correctly and there was a gap between the metal support and the granite slab.  C also stated that the R stated that the slab need to be covered during the winter and the C did cover the table and when the cover was removed the slab was cracked at both ends leading to the center of the table.  R stated that they would take care of it, but the R will not return any phone calls. INV revealed that the R was willing to work with the C and to pickup the broken table and refund all the money.  The C sent a letter telling the R not to call or speak to him.  After the INV talked to the C the C and the R came to an agreement. IBOL recommends the Board authorize closure.  

I-CON-2008-297                C alleged that R was contracted to build an outdoor table using a metal base to support a seven foot by 4 foot and one and one quarter inches thick granite slab.  C states that the metal base was not welded correctly and there was a gap between the metal support and the granite slab.  C also stated that the R stated that the slab need to be covered during the winter and the C did cover the table and when the cover was removed the slab was cracked at both ends leading to the center of the table.  R stated that they would take care of it, but the R will not return any phone calls. INV revealed that the R was willing to work with the C and to pickup the broken table and refund all the money.  The C sent a letter telling the R not to call or speak to him.  After the INV talked to the C the C and the R came to an agreement. IBOL recommends the Board authorize closure.  

I-CON-2008-313                C alleged that the R was hire to build a barn.  C states that the structure was not safe and some trim work was poorly done.  C states that R threaten to put a lien on the property if the R was not paid and C did pay the R.  C hired another contractor to fix the problems and wants the money back from R that it cost to fix the building. INV revealed that the R was told to utilize old material were the R could.  The gates and the gutters were not in the contract.  INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.  

I-CON-2008-325                C alleged that the R built a deck using 6 x 6s as required by the building code.  After a certificate of occupancy had been issued the R changed the post to 4x4s.  C requested the R to put the 6x6s back and the R complied and the deck now meets the building code requirements. IBOL recommends the Board authorize closure.  

I-CON-2008-326    C alleged that the R was contracted to build a steel building with a 32x32 cement slab and construct a 200 ft. road.  After partial completion of the job the R requested money.  The C denied the request for more money and the R refuses to return to the property to finish the job. INV revealed that there is no allegation of the job being unsatisfactory.  The C delayed the job to allow the concrete to cure for 21 days.  R wanted money to pay the concrete supplier C denied the request.  The R stated that he would not return until payment was made.  The R and the C can not agree on the money matters, which is a civil matter. IBOL recommends the Board authorize closure.  

I-CON-2008-333                C alleged that the R built the C's home.  The cement walkway and porch cracked, raised and fell in different places.  C tried to have R fix the problem and the R would not fix the problem and the C had to hire another contractor. INV reveal that the house was built in 2001 which is before the Contractor Registration Act and therefore the Board does not have jurisdiction. IBOL recommends the Board authorize closure.  

I-CON-2008-342                C alleged that R requested a bid and the R did not provide one until after the R applied for permits.  The bid was over the price the C wanted and denied services.  The R sent the C a bill for the plans and permits preparation.  The C is refusing payment because the C never requested services just a bid. INV revealed that the R sent a bill to the C knowing that the R would not get paid.  The R wanted to use the unpaid bill for tax purposes.  The R has not enforced the bill and has had no further contact with the C. IBOL recommends the Board authorize closure.  

Last Modified - May 12, 2008