Contractors Board and Homebuilder Agree on Plan to Repair Homes
R.W. Hertel & Sons agrees to pay for inspections and all needed repairs in San Luis Obispo subdivision
The Contractors State License Board (CSLB) has agreed to a plan that will lead to the inspection and, if needed, repair of all homes in a San Luis Obispo development that suffer from water intrusion from roofs and windows that may have been improperly installed.
R.W. Hertel and Sons, Inc. of Ventura agreed to the plan after a thorough investigation by the CSLB. The investigation began in April of this year after four homeowners in the Rancho Obispo subdivision filed complaints, alleging problems with water in their homes due to leaks through the roof and windows.
The investigation led to a determination by the CSLB that probable violations of contractor license law had occurred, including performing work below acceptable trade standards. As a result of this agreement, the CSLB will not move ahead with disciplining Hertel and Sons' license (#683494) at this time. If the builder fails to comply with any part of the agreement, the CSLB can impose discipline on the license.
"With this plan in place, we've achieved one of our main goals of ensuring that construction is performed in a safe, competent and professional manner," said David Fogt, CLSB's Chief of Enforcement. "Hertel and Sons will pay for an independent inspection of all homes within the subdivision. If any defects that could lead to water problems are discovered, they will pay for the repairs." In addition, Hertel and Sons will also be responsible for getting any necessary building permits, sending full reports on every home inspection to the CSLB. They must also take quick action to respond to any future water-related claims from homeowners in the Rancho Obispo project.
Without any admission of fault, Hertel and Sons has agreed to the plan, "...for the purposes of satisfying the concerns of individual homeowners, the homeowners association, and the CSLB, that the roofs and windows of the homes are watertight and to the standards of the industry."
"This agreement reinforces the need for a contractor to quickly take responsibility for problems with his or her work," said CSLB Registrar Steve Sands. "They must also follow-through to quickly and correctly make repairs."
The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs. The CSLB licenses and regulates California's 292,000 contractors, and investigates more than 20,000 complaints against contractors annually. In fiscal year 2004-05, the CSLB helped consumers get more than $36 million in restitution.
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