ComplaintsforOtero Plumbing & Heating, LLC

• Initial Complaint

  10/01/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Basis Complaint OPH: Breach Contract. Fraud: Unjust Enrichment: Detrimental Reliance I began construction of my personal home last year. I previously hired Otero Plumbing and heating (OPH) but unfortunately was not told that OPH was under new ownership. In September 2021 I contracted with OPH to rough in plumbing and finish heating (mechanical). After several delays and Correction Notices I was issued permission to proceed with construction. I paid OPH in full at that time. One year later I am in the process of obtaining final inspections. I have received the final electric and plumbing; however, I was issued a Correction Notice for the heating. OPH failed to install a dryer vent as required by code. I contacted OPH regarding their failure to install the vent and explained their failure was keeping me from being able to request a Certificate of Occupancy(final inspection). Despite this fact "Tammy" told me that OPH was to busy to corect their code violation "at this time". Tammy said they were working oncurrent jobs and that it would be 10 days before they could fix the violation. A simple 2 hour fix. Later that afternoon I received a text stating they could not show up for 2 weeks (14 days). This delay was out of the question so I made arrangements to have the vent installed. I called for a final inspection but was told that OPH had to request the inspecton. I informed OPH the violation had been fixed and requested they call in the inspection request. To date they have failed to do so. I have learned that my only remedy at this time is to fire OPH, hire another contractor to accept responsibility for OPH's work, pull another mechanical permit at a cost of approximately $1,200, hire an attorney and sue OPH. OPH is more concerned with making buckets of money than their duties under existing contracts. Won't answer phone, mail box full, rude and a bunch of premadonas. Beware. A lot of better options that won't abandon their duties under the contract.

  Business response

  11/15/2022

  To whom it may concern,

   

  In response to Mr *******'s complaint, Otero Plumbing and Heating LLC has been in communication in a timely manner with Mr ******* at the time of the business transactions. It is very difficult to communicate with the customer. He has been very rude to my office manager, Tammy, on many different occasions. We have ongoing correspondence via email with Mr. *******, in which he is always very demanding of our services. We are a small business with only myself and one other tech. On most occasions, we cannot get to our customers on a same day basis. We schedule out our customers as we have time available, especially in an nonemergent circumstance. It may be a week before we get to them. Once on our schedule, we will be there. Our customers come first and our reputation is invaluable.  

  Mr. ******* took it upon himself to finish the plumbing trim out on his own, without notifying us. This, therefore automatically violates our contract. As part of that violation of contract, it also voids the warranty. He performed the work under our permit and license. 

  Otero Plumbing and Heating LLC performed all work up until the plumbing and mechanical trim-out. We were paid for all other aspects before this and all were inspected and passed. Due to the violation of the contract, Otero Plumbing withdrew the permit for the project because the work was not done by our company. We would not call this in for inspection, because we did not have the opportunity to finish it as contracted. We would not want to be held liable if it was not done properly, because we did not do it ourselves. This issue led to Otero Plumbing losing out on $2,312.55 from Mr ******* for the trim out portion he did himself without our knowledge.

  To my knowledge, I am not the first contractor that has had issues with Mr *******. There have been multiple contractors who have also withdrawn from the project as well. 

  Again, all work Otero Plumbing and Heating LLC performed has been inspected, and passed, and Mr ******* has paid for. (This does not include the work he took upon himself to finish.)

   

  Thank you for you time,

  Jonathan F********

  Otero Plumbing and Heating, LLC

  Customer response

  11/28/2022

  Complaint: ********
  
  I am rejecting this response because: I have been a licensed attorney for over 30 years. Clearly Otero Plumbing and Heating (hereafter OPH) has no idea what xonstitutes breach of contract. Despite this fact, OPH recognizes and admits the problem. "We are a small business with only myself and one other tech." "We schedule our customers as we have time available." "It may be a week before we get to them."

  I am a homeowner and builder. I first was licensed with a GB 98 in the 1980s. I have built and remodled approximately 30 homes. OPH's performance is substandard.  I contracted OPH to do the plumbing and heating on a 3000 ft. home. I paid OPH 1/2 up front. From the beginning I was issued numerous CORRECTION ORDERS. They failed to perform in a timely manner and as previously stated, their work was substandard as proven by the CORRECTION NOTICES.

  Once OPH was paid they abandoned job. Their claim that OPH "all work Otero Plumbing and Heating LLC performed has been inspected and passed" is a factual misrepresentation. Thheir failuer to show up and perform caused unnecessary delys. Other contractors were not ablle to keep on schedule thus wasting not only time but money as well.   

  The scheme is OPH starts the job. They dont finish because as stated by OPH ""We would not be held liable if it was not done properly." I was forced to hire another contractor who had to pull and pay for another permit. That contractor had to assume responsibility for the work OPH performed. That is the scheme. Force another contractor to assume responsibility so they "would not be held liable." 

  Construction Idnustries was notified but stated they could not pursue OPH because I had already hired and paid another contractor to finish the job. However they did state that they would red flag OPH and act accordingly if they received another complaint.  As for the claim that I was rude.  That is a valid statement.  After having to deal with OPH's performance for months, I feel that contempt was warranted.  WATCH OUT. THERE ARE OTHER CONTRACTORS WHICH WILL PERFORM ON TIME AND PERFORM IN A PROFESSIONAL MANNER. 
  
  Respectfully submitted for your review.
  CCC
  ******* *******

   

  [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

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