Watchdog agency moves to revoke license of Santa Rosa contractor

To sue or not to sue?

Six months just after the Tubbs Fireplace ruined her Coffey Park house in Oct 2017, Stella Agudelo signed a deal with Santa Rosa-Centered American Pacific Builders to rebuild it.

Agudelo, now 81, moved in two springs afterwards. But the dwelling experienced lots of challenges. The garage door didn’t reach all the way down to the driveway, leaving a hole. Underneath the residence, duct get the job done had sagged on to the grime of the crawl room. The fence leaned into the yard due to the fact its posts weren’t set in cement. The list went on.

After the builder handed above the keys, even so, it stopped responding to Agudelo and her daughter, Adriana Contact. Problems have been never settled.

While they are considering authorized motion against the contractor, “I never truly know what that is heading to price tag,” said Get in touch with. “It’s not as if we can retain the services of a higher-finish legal professional.”

Whether or not they sue APB or not, the corporation now finds itself in mounting lawful problems.

Agudelo was a single of at the very least 5 APB clients who have submitted complaints in opposition to the builder with the Contractors Condition License Board, which polices the construction sector in California.

On June 24, Thomas Sager, a supervising exclusive investigator for the Contractors Point out License Board, referred all those 5 grievances to the Legal professional General’s office for the submitting of an “Accusation” to revoke APB’s license.

N2021-346-20220624-Accusation.pdf

“This is the most severe enforcement action available to the CSLB,” the licensing board explained in a letter to each of these 5 APB clientele.

That 25-page “Accusation” lists 25 different “Causes for Discipline.” These involve departure from recognized trade benchmarks deviations from ideas and specifications willful and deliberate disregard for developing laws failure to shell out subcontractors failure to shell out for components or solutions agreement violations and abandonment.

Steven Bates, who owns APB, has 15 enterprise days to file a Recognize of Defense and request a hearing, explained Kevin Durawa, a spokesman for the CSLB, “or the license may be revoked by default.”

The company’s license is because of to expire August 31, 2022, unless of course renewed. It is unclear whether Bates intends to look for a listening to: he did not reply to repeated requests for comment.

APB’s web page was offline Friday. A girl who answered the cellular phone at its workplaces claimed the business is “not developing proper now,” even though it is however “doing warranty perform and some other points like that. They’ve even now bought tasks heading on.”

APB explained to Connect with, shortly immediately after her mother moved in, that COVID-19 was preventing them from getting care of her “punch list” things of perform that even now essential to be carried out.

“But they were being still performing on other properties. I called and instructed them, ‘It’s not COVID. You men are even now creating. You have to have to take care of this things.’

“But they pretty a great deal just dropped the ball.”

An additional APB customer who submitted a grievance with CSLB was Mary Rogers, who at one position grew so exasperated by the builder’s failure to return her phone calls and e-mail that she walked into its Guerneville Road offices unannounced. There, she explained, Bates explained to her that the organization couldn’t do any more work on her dwelling, since she’d filed that grievance.

“I do not assume that’s how it will work,” she replied.

Not all of APB’s disgruntled clients submitted issues against the builder. A yr ago the Push Democrat spoke with 14 unsatisfied APB shoppers, alongside with two subcontractors the builder experienced unsuccessful to fork out. APB took on 37 Tubbs Fireplace rebuilds in Santa Rosa, in accordance to Jesse Oswald, the city’s chief setting up formal, and also signed a lesser selection of contracts for rebuilds outside the city limitations.

Don and Debbie Johnson didn’t file a complaint with the license board, which is not stopping them from suing APB.

Following APB concluded operate on their Coffey Park dwelling in the spring of 2020, the metropolis of Santa Rosa signed off on the last allow.

To be on the safe and sound side, the Johnsons employed an impartial inspector, who located complications the town had missed. When those troubles were introduced to the creating department’s notice, it carried out an additional inspection, which uncovered a listing of deficiencies, together with challenges with flooring joists, grading and drainage issues. That prompted the town to revoke that closing allow right until APB preset these troubles.

It took APB yet another two and a half months to do that. Even following the final allow was restored, claimed Johnson, “they didn’t fix almost everything.”

So they are using authorized motion. “They violated their contract, then they just abandoned us,” reported Don. “We’re asking for a pair hundred thousand pounds to fix their f—-ups, and to pay our attorneys’ service fees.”

Taking up a lot more space than any other grievance in the Accusation doc is one particular submitted by A.G. and J.G. — Angela and John Ghigliazza, who signed with APB soon after losing their household off Mark West Springs Street. The investigator meticulously lists 49 violations, from failure to pay back the plumbing contractor to installing the spiral staircase backward to failure to set insulation under a third of the most important property.

The Ghigliazzas are now in litigation with APB, and declined to remark for this story.

Cross-Complaint (00881147-2x9C71C).pdf

In March, two decades and nine months after signing with APB — and only after having to pay $248,000 to distinctive builders to finish the work, following APB’s abandonment of the challenge — Angela and John and their 4 sons were ultimately equipped to move back again in.

You can reach Staff members Writer Austin Murphy at [email protected] or on Twitter @ausmurph88.

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