6.a.
Board of Examiners of Contractors
- Meeting Date:
- 05/09/2017
- Re
- William Feliciano vs. Terrence John Mager dba Mager Construction
- Submitted For:
- Paul Thomas
SUBJECT:
| Contractor/Qualifier | Dba | Competency Card # | State License # |
| Terrence John Mager | Mager Construction, Inc. | 1700018340 | CBC059059 |
CASE INFORMATION:
| Property Owner | Address of Violation | Complainant |
| William Feliciano | 1002 Avenue E | William Feliciano |
BACKGROUND
| January 29, 2016 proposal entered into for residential repairs for $26,500.00 including permitting. February 17, 2016 roof permit 16-338 was issued April 7, 2016 – Roof permit 16-338 had completed final inspection May 9, 2016 – Roof permit 16-1343 was issued. June 1, 2016 – Roof permit 16-1343 had approved final inspection October 28, 2016- Last payment of $720.00 for a total of $32,920.00 was paid. December 5, 2016 – Mr. Mager sent a text to Mr. Feliciano that he “had a generator set up on Friday tested the whole house all electric working will pass per code need to find someone to pull a permit so we can get an inspection.” December 29, 2016 – Electrical walk through permit (no work) was issued. December 30, 2016 – Mr. Mager sent a text to Mr. Feliciano that the “inspector just left inside ok passed just need 4 battery smoke detectors wants main line on outside under meter box replaced with pvc pipe and service line bolted to the wall will do next week and call him back told him all interior wiring was existing he didn’t say anything about a separate electrical permit hope we don’t need one” December 30, 2016 – Inspector Granadillo disapproved the electrical walk through inspection stating it wasn’t ready. January 6, 2017 – Inspector Little disapproved the electrical walk through inspection stating that an electrical contractor and a separate permit would be required for electrical work. January 6, 2017 – Inspector Little spoke to Inspector Granadillo and Investigator Coss, advising unpermitted work had taken place. January 6, 2017 – Investigator Coss sent a violation letter to Mr. Feliciano for the electrical wiring and meter can that was installed without proper permits and for the rear structure being in major disrepair. January 13, 2017 – Investigator Coss met with Mr. Feliciano at the property and discovered that additional electric, plumbing, framing, drywall work and an exterior door had been installed without obtaining the proper permits. March 7, 2017 – Building Department received the complaint from Mr. Feliciano stating that the work was never completed; the work done with the exception of the roof was done without proper permits although the proposal advised permits would be obtained, and that the workmanship was very low quality. Included in the complaint was a copy of the complaint affidavit, violation letter from Investigator Coss, a proposal of the work to be completed, detail of payments made to Mager Construction, and a print out of the texts between Mr. Mager and Mr. Feliciano. March 23, 2017 – Building Department received a response from Mr. Mager stating that the complaint is “completely absurd.” Mr. Mager spent $38,715.00 on renovations resulting in a personal loss of $5,795.00 Mr. Mager admitted that “the work is still not finished.” Included in the response was a breakdown of costs for the project. |
TIMELINE
| March 7, 2017 | Building Department receives contractor complaint against Mr. Mager |
| March 10, 2017 | Mr. Mager and Complainant sent Notice of Complaint. |
| March 23, 2017 | Mr. Mager submits response to Building Department |
| March 27, 2017 | Probable Cause meeting determines probable cause for hearing. |
| March 28, 2017 | Mr. Mager sent Notice of Hearing for May 9, 2017 meeting. |
FINDINGS
| 1 | The proposal provided for a total cost of $26,500.00 including permit fees for demolition, roofing, and remodeling. Only roofing permits were obtained even though permits were required for electrical, plumbing, framing, drywall and exterior door work that was physically done, and for the proposed installation of 18 new impact windows which was not done to staff’s knowledge. |
| 2 | The valuation indicated on roofing permit 16-1343 was $1,800.00; the valuation indicated on roofing permit 16-338 was $2,400.00. The amount indicated on the proposal for roof work is $5,000.00 and the amount indicated on Mr. Mager’s cost breakdown is $16,295.00. |
| 3 | Mr. Feliciano has paid $32,920.00, $6,420.00 more than the original proposed amount, and not all work done in the proposal has been completed. Mr. Mager has stated he has taken a personal loss of $5,795.00. |
| 4 | Mr. Mager clearly knew that electrical work being done should be been done by a properly licensed electrician and stated in text that he would have to find an electrician to pull the permit. |
ALLEGED CHARGES:
| The following sections have allegedly been violated: 5-52(2)(3)(7)(8)(9)(12)(13). | |
| (2) | Committing fraud or deceit in the practice of contracting |
| (3) | Committing incompetency or misconduct in the practice of contracting. |
| (7) | Substantial departure from, or disregard, of plans or specifications without consent the owner or his duly authorized representative |
| (8) | Knowingly or deliberately disregarding or violating any applicable building codes or laws of the state, county, or city. |
| (9) | Willfully and deliberately engaging in a type or class of contracting for which the contractor is not licensed or registered. |
| (12) | Contracting with persons or firms not having a Certificate of Competency issued by the city for work or services to be performed within the city when said persons or firms are required by this chapter to possess such a Certificate of Competency in order to perform the contracted work or service. |
| (13) | Proceeding on any job without obtaining the applicable building department permits and inspections. |
RECOMMENDATION:
| Disciplinary Action to be recommended at the Hearing. |
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Building | Paul Thomas | 04/21/2017 11:12 AM |
- Form Started By:
- Karen Murphy
- Started On:
- 04/11/2017 03:56 PM
- Final Approval Date:
- 04/21/2017