Friday, March 20, 2015

Arizona Needs An Inspector General to Fight Corruption

Mark and Carol Fairall - March 20, 2015

If you have a problem with a state department or agency the only recourse you have is to complain to the Arizona Ombudsman. The Arizona Attorney General (AG) refuses to investigate state corruption. We know because we suspect corruption at the Registrar of Contractors (ROC), inspector bribes, but the AG and ROC has done nothing to stop the criminal activities at the ROC.  

The Ombudsman is a lazy toothless dog that should be eliminated because it is expensive to pay people who do nothing to protect Arizonans. Eleven other states have Inspector Generals to help the Governor crackdown on state corruption. The fact that Arizona was rated number #1 in state corruption by a recent Harvard Study cries out the fact that Arizona needs an Inspector General.


In May 2013, I had an under slab water leak and hired Robert Freund, Palmer’s Kitchen, Bath, & Beyond (PKBB) and Palmer’s Plumbing (PP), but at that time he did not have a valid contractor’s license. The Registrar of Contractors was slow in updating its website to reflect the contractor license problems. PKBB had no Qualified Party and should not have bid the job and PP had lost its license in 12/12 since the Qualified Party had quit. Robert Freund hired Carpet Glo, a floor cleaning company, which has no contractor’s license to remove mold. According to Mr. Mather, the subcontractor, he was not fully paid and that Robert Freund, general contractor, failed to pay him $3,000 on the $6,000+ job.   These unlicensed contractors have caused damages to my home in excess of the Registrar of Contractors’ (ROC) Recovery Fund limit amount of $30,000. Robert Freund lost the rights to use the Ben Franklin Plumbing franchise in 09/2014 to Michael Charles Brewer.

I filed the ROC Complaints against PKBB #2014-251 and PP #2014-250 on 1/17/2014. On 02/26/2014 the ROC Inspector Stephen Lawton waived the required attendance of Robert Freund at the ROC inspection of the house damages in my complaints.  I had hired a retired policeman and private eye, Jacob Mueller, to be present at the inspection because I had been threatened by an employee of PKBB, Derrick King. Mr. Lawton had a private meeting with the bad contractor, Robert Freund, and closed my complaint in secrecy on the same day. ROC’s Stephen Lawton said my damages were the worst the ROC had seen but when then I received the ROC’s wrongful decline dated 06/30/2014.

I suspect Contractor Bribery because Stephen Lawton told me he was friends with our bad contractor, Robert Freund, and that they both worked in Youngtown. This was overheard by my private eye when Robert Freund failed to show up at the ROC house inspection.  ROC’s Stephen Lawton failed to follow inspection procedures, tried to blame the contractor’s no-show problem on me, closed my ROC complaints in Robert Freund’s Youngtown office on 02/26/2014, and then staled for another four months before issuing the formal declines. Stephen Lawton was the Building Inspector in Youngtown for a year and five months and was terminated because of poor work, according to a Youngtown City Council member.

The ROC is covering up its website update slowness problem and has dragged on the investigation and the production of public documents on my failed complaint investigation for over a year when it was closed in one month. The ROC had an Audit by Arizona’s Auditor General at the time on our problems with our contractor in 2013. The audit of the ROC found that 20% of the ROC records were missing or duplicated plus 40,000 ROC records had inaccurate information.  I have written Governor Brewer on 07/14/2014 about this problem. I have written the Arizona Ombudsman on 10/19/2014 about this problem. I have written the Arizona Attorney General (AG) on 02/10/2014 and 01/25/2015 but nothing is done. This is intentional fraud by the ROC and according to state law I am entitled to twice the damages, which is $60,000.

Meanwhile my family and I are under attack by the bad contractor which has resulted in three police reports for threatening phone calls on 08/08/2013 and suspected property damages (cut electrical wiring and slashed tires) on 02/21/2014 and 04/09/2014. Now I have had my citrus trees poisoned in November 2014. On 05/09/2014 Judge Gerald Williams approved Injunctions against Harassments to protect us from Robert Freund and Derrick King. Judge Williams stated that it “went to pattern” concerning my property damages because of Derrick King’s bad temper and criminal record. My family and I are currently being stalked by Robert Freund and Derrick King every day when they ride by my home staring while making obscene gestures. It is terrible to live in so much fear of our lives that I had to install a video monitoring system and hire extra police protection.

Presently, I have a jury trial against me for the nonpayment of the contractor’s $3,800 unearned monies scheduled in the North Valley Justice Court on May, 01, 2015. I already paid him nearly $14,000 for poor workmanship that does not pass safety and building codes. My losses exceeds $100,000 due to damages to our health, house damages, and the loss of value to the house.  Robert Freund is using this baseless lawsuit to delay press coverage of his contracting without a valid license and using threats, sabotage, and property damages to harass me. Robert Freund has forged documents of the contract submitted to the court as evidence. The Justice Court has let this baseless lawsuit drag on 420 days by ignoring Court Rules of Procedure Deadlines. I filed a Better Business Bureau (BBB) Complaint on 02/15/2015 but the contractor ignored the complaint, failed to answer the complaint, and the BBB dropped his grade to a C+. I have posted this contractor problem on the internet to warn the public.  Internet Posting:

The Registrar of Contractors, Ombudsman, and Arizona Attorney General are doing nothing so I have gone to our Lawmakers and the Governor of Arizona for help.

Monday, March 9, 2015



The Registrar of Contractors (ROC) botched our complaints against Palmer's Plumbing (#2014-250) and Palmer's Kitchen, Bath, and Beyond (#2014-251). The ROC inspector waived the requirement for the bad contractor, Robert Freund (picture #1), to be at the ROC Inspection of our house. We even hired a Private Eye to guard us since the contractor's employee, Derrick King (picture #2), threatened us. The ROC took six months to investigate an unlicensed contractor problem and wrongly declined us. The ROC has delayed the production of the public documents on our two complaint investigations for nearly seven months.

The reason for the delay is because the ROC is covering up its failure to keep proper records as documented by the 2013 Arizona Audit. The audit found 20% of the ROC records were missing or duplicated plus the ROC had 40,000 inaccurate records. The ROC failed to update its website to reflect the problems with Robert Freund's contractor companies, no Qualified Party, which misled us. The Freund contractor companies should have had its licenses SUSPENDED long before the ROC took any action to correct it records. The ROC is taking no responsibility for its mistakes, trying to delay the release of Public Documents, and is trying to cover-up this problem beyond the two year Statute of Limitations. The former political favored appointee, ROC Director - William Mundell (who had no contractor background), was just replaced by the new Governor Ducey. The ROC is simply another inept agency that is failing to protect Arizona homeowners. See Arizona Auditor General report about the failing Registrar of Contractors:
The ROC records FOR Robert Freund's contractor licenses show a pattern of often being SUSPENDED  or CLOSED DUE TO INACTIVITY (picture #3)

The problem is that our bad plumbing contractor, Robert Freund, uses several names, which are:
1. Ben Franklin Plumbing:  Robert Freund lost the franchise name in September 2013 and another plumber uses that name in the Sun Cities. 
2. Palmer's Plumbing Services:  That is the plumbing company name but it lost it Qualifying Party in December, 2012 and it is not licensed.
3. Palmer's Kitchen, Bath, & Beyond:  That is the name of Robert Freund's general contracting company but the contractor's license does not include plumbing.

On 02/15/2015, I filed a BBB complaint against Palmer's Plumbing dba Ben Franklin Plumbing.  Robert Freund lost the Ben Franklin franchise in September 2013. The Registrar of Contractors (ROC) and the BBB are doing nothing about this unlicensed plumber that destroys homes. The plumbing contractor, Palmer's Plumbing dba Ben Franklin Plumbing, just had its Better Business Bureau (BBB) grade dropped from an "A+" to a "C+" (picture #4).

THIS IS SHOCKING because the BBB continues to give this unlicensed and unresponsive plumber an above average grade. Palmer’s Plumbing has no contractor's license, the unlicensed plumber failed to respond to our complaint, and the plumber lost the right to use Ben Franklin Plumbing franchise name when it lost its franchise rights in September 2013. The local HOA's, Sun City West Property Owners Residents Association (PORA) and the Sun City Home Owners Association (SCHOA), have not "referred" Robert Freund's companies for years because of excessive poor workmanship complaints. The BBB is not reliable because it fails to protect the public from bad companies.

We spoke to the Youngtown AARP Chapter members about this Youngtown plumber, Palmers Plumbing, which makes between $5 to $10 million a year without being licensed (picture #5). Arizona’s Kathleen Hudson, AARP member and owner of a painting company (HIS Service, Inc.), stated that this is a major problem because unlicensed contractors always unbid them because they do not pay for insurance, licenses, and quality work employees. The bottom-line is that you get what you pay for and to hire licensed contractors. Two members who work at Home Depot also stated that they are hearing about more problems about unlicensed contractors and their poor jobs. The point was made at the AARP meeting was that the ROC is poorly run, not stopping unlicensed contractors, and failing Arizona Homeowners. 

The ROC does nothing to stop the poor workmanship unlicensed plumber scam. 

Robert Freund's general contracting company, Palmer's Kitchen, Bath, and Beyond, does have a general contracting license but it does not include plumbing. This bad a dangerous contractor destroyed our house with substandard workmanship that does not meet building and safety codes, caused additional damages of burning cabinets, intentionally sabotaged our kitchen waterline by crimping it, and threatened us with harm. My house damages exceed the ROC’s Contractor Recovery Fund limit of $30,000.

We have had threats, sabotaged work, and property damages which has resulted in three police reports and two granted Injunctions against Harassment to protect us from Robert Freund and his employee, Derrick King. The judge said that our property damages “went to pattern” because of Derrick King’s bad temper and criminal record. Some pictures of the house damages, the mess left by this bad contractor, and property damages (pictures #6, #7, #8 and #9). Now our citrus trees have been poisoned (picture #10).

On May 1, 2015 we are defending ourselves in a jury trial on Robert Freund's fifteen month old lawsuit for $3,800 after we paid nearly $14,000. Robert Freund has kept this lawsuit alive so long to block any negative press about Palmer's Kitchen, Bath, and Beyond.

The Justice of the Peace Court has helped keep the lawsuit active by failing to hold Robert Freund's Attorney to Civil Rules of Procedures of filing of legal documents within deadlines. We have filed a FRAUD OF THE COURT MOTION because the court is being misused by allowing more time for Robert Freund’s criminal activities of: scamming the elderly with poor workmanship, intentional work sabotage, false adverting, operating without a valid contractor's license, and additional property damages including attempted murder.

In Arizona the building industry has tanked so the contractors are desperate. The ASSOCIATED GENERAL CONTRACTORS OF AMERICA just released the report stating that Arizona lost 4,300 construction jobs in 2014. Arizona was the only western state to lose construction jobs (California increased 26,000 jobs and Texas increased 47,500 jobs). The outlook for improvement is bleak.

Single family housing permits dropped 75% to 20,000 in 2014 from the high of 80,000 during the housing boom. Commercial vacancy are up 25%. Arizona has failed to keep up with the US after the Recession and only has recovered 75% of jobs lost. Arizona is only running at half speed in the building industry. Growth has always been the "key" to Arizona's economy.

The report puts the reason why Arizona is doing so poorly is because of Arizona's poor reputation in education. Arizona's educational performance and funding is near the bottom nationally. The bottom-line is the fact that population growth is down because families do not want to move to Arizona so businesses are not coming here. See the Arizona news story about the most contractors jobs lost nationwide in 2014 at:
The chart showing Arizona's contractor job losses compared to other states (#11).

This lack of a BBB warnings and the lack of ROC legal repercussions for running the unlicensed PALMER’S PLUMBING puts the PUBLIC AT RISK. The inability for the media and BBB to warn the public about PALMER’S KITCHEN BATH, & BEYOND because of the excessively long baseless lawsuit puts the PUBLIC AT RISK.  The lack of media coverage has allowed this scam to remain invisible.

The local Sun City West INDEPENDENT newspaper wrote about this scam as the front page news on January 14, 2015 (picture #12).

The Arizona Ombudsman has failed me because it caused more delays and closed my complaint before it even reviewed the ROC Public Documents on my failed contractor complaints. The Ombudsman and ROC refuse to provide me the Public Documents on my ROC Complaints without a charge. The Ombudsman, Keith Meyer, told me to beg to Arizona Officials for help in obtaining the Public Documents needed for the May 01, 2015 trial.

We are begging Arizona Officials for help. We are warning the Public about this bad and dangerous contractor, Robert Freund, because the ROC and BBB are failures.



We are preparing for our defense in the jury trial on May 1st that Robert Freund has filed wanting $3,800 over the $13,700 already paid to him. Palmer's Kitchen Bath & Beyond and Palmers Plumbing provided substandard workmanship by his hired unlicensed subcontractors with threats. Sadly the ROC has done nothing even when the plumbing company is not properly licensed.

While we prepare for trial we are watching our poisoned citrus trees die from the property attacks that we have experienced. We had to destroy all the fruit because it was unsafe from the poison. Four mature citrus trees valued at $10,000 a piece are added to our loses. It is amazing how Robert Freund's employee, Derrick King, made good on his promise that he would hurt us and our home if I did not give him $7.000 in cash. I will be renewing the Injunctions Against Harassment granted to protect us from Robert Freund and Derrick King this week for another year.

Come to the May 1st Trial and see why Robert Freund's lawyer likes living in Arizona where the homeowner does not have strong laws that protects them from bad contractors and baseless lawsuits.