Saturday, May 2, 2015

ARIZONA ROC IGNORES CONTRACTOR ROBERT FREUND'S LAW BREAKING ACTIVITES



By Mark and Carol Fairall

May 02, 2015


NO SHOW CONTRACTOR LOST HIS 

LAWSUIT AGAINST US

Robert Freund (owner of Palmers Plumbing and Palmers Kitchen, Bath, and Beyond) was able to keep his baseless $3,800 lawsuit alive (already paid $13,700)  in Justice Court for sixteen months. It cost us 200 man-hours, thousands of dollars, and many sleepless nights. He did not even stop the pretrial conference. The judge and us waited a half an hour and they failed to have the decency to notify anyone they were not coming to court. The judge was very angry and said: "It is over."
We guess our 31 exhibits of 415 pages of evidence plus 22 witnesses was too much for his 6 exhibits of 14 pages of evidence with 6 witnesses. It is amazing how a bad contractor can misuse the legal system to harass an unhappy customer. Do not use Palmer's Plumbing and Palmer's Kitchen, Bath, & Beyond. They are devious crooks that will steal your money and time while damaging your home.
Our next target is the get the Registrar of Contractors to do its job by Revoking Robert Freund's contractor licenses because he has failed to get building permits for years.



ROBERT FREUND VIOLATED THE MAJORITY OF THE 

GROUNDS TO HAVE HIS CONTRACTOR'S 

LICENSE REVOKED

Robert Freund (owner of Palmers Plumbing Services and Palmers Kitchen, Bath, & Beyond) violated 15 of the 23 Grounds that calls for the revocation of his contractor's license. 

Robert Freund violated ARS 32-1154 by:
1.  Refusing to correct the workmanship problems under supervision.
2.  Making unauthorized changes to the contract without our consent.
3.  Failing to get required Building Permits.
4.  Misrepresenting Derrick King's (Operating Party) criminal background and lack of experience.
5.  Failing to hire a qualified mold removal specialist which resulted in injuries to us.
6.  Modifying contract resulting in unauthorized extra costs.
7.  Failing to pay the subcontractor, Carpet Glo, $3,000 on a $6,000+ job.
8.  Failing to properly plumb the kitchen which resulted in a backwash into the dishwasher.
9.  Hiring Carpet Glo, an unlicensed floor cleaner, to remove the mold and is unable to issue a Mold Remediation Cert.
10. Falsely advertising that PORA refers him which was stopped many years ago due to excessive workmanship complaints.
11. Operating without a Qualified Party.
12. Operating when licensed was suspended.
13. Failing to timely notify the ROC of the loss of his Qualified Parties.
14. Failing to notify the ROC of Derrick King’s criminal record.
15. Threatening Joel Mather, owner of Carpet Glo, that if he reported to the ROC that he was stiffed by Robert Freund that he would never get paid anything.
The Arizona Homeowners need to know contractor law and document every violation. I had the advantage by being a former banker that loaned to general contractors and subcontractors.
In the late 80's, I purchased a new home which had termites. I took daily pictures of the construction and I was able to determine that the Home Builder had failed to properly retreat the ground after a rain storm which had washed away the first ground treatment. The ROC was very different then and really helped me make a sizable settlement from my Home Builder. 
NOTE: As an Arizona Homeowner you have to be aware of the laws and document because the state now looks for ways not to help you or pay any monies from the Recovery Fund.
SPECIAL NOTE: The ROC should immediately REVOKE Robert Freund's contractor license and protect the public.  






BUILDING PERMIT CITATION AND FEES

  CONTRACTOR SHOULD HAVE LICENSE REVOKED

Homeowners that had any work done by Robert Freund (Palmers Plumbing & Palmers Kitchen, Bath, and Beyond) for the past several years had better expect to pay for the BUILDING PERMITS that were not properly obtained by the contractor.
This is a county fee that must be paid before the work is started. We had the police at our home today concerning the poisoning of our tree police report. They were very interested in this building permit problem and took information for themselves. A homeowner has to get building permits even if they do the work themselves. Most homeowners assume the contractors gets the required building permits but that is not the case. The homeowner is ultimately responsible if the building permit is obtained and not the contractor. That is state law and it is wrong.

However, Arizona Contractor Law ARS 32-1154 Grounds for Revocation of License states the failure to comply with safety, labor laws, or codes can result in the REVOCATION of the contractor's license. It is too bad the Registrar of Contractors (ROC) does not enforce that law concerning Robert Freund.

Internet Verification: 
http://www.buildzoom.com/contractor/palmers-kitchen-bath-and-beyond-llc
NOTE: Picture #1 is the citation we received, Picture #2 is the Building Permit Fee Schedule, and Picture #3 are the areas of construction that need building permits.




    

  ROBERT FREUND'S QUESTIONABLE CONTRACTOR’S LICENSES AND QUALIFIED PARTIES

Palmer Freund
Robert Freund owns Palmers Plumbing Service (PPS) and Palmer's Kitchen Bath and Beyond LLC (PKBB). The plumbing company and general contracting company have gone through extensive changes and many Qualified Parties.
PPS was founded in 1976 by Palmer Freund and he was the Qualified Party until he retired in 1998. My family knew Palmer Freund through church and dealt with him since 1978. This was an excellent company run by an outstanding man. Palmer Freund passed away in 2007.
The contractor has had many contractor licenses but only one PKBB has a valid contractor's license today (Picture #2). All the plumbing company license went inactive in 2012 when it lost the Qualified Party, Roger Dean Anderson. The ROC finally SUSPENDED PPS's contractor licenses, nine months late, on 09/25/2013 when the Arizona Audit discovered the records were not properly maintained. Robert Freund was the Qualified Party for PPS and PKBB until 2010 when he let his contractor’s licenses lapse and is currently not licensed in the state.


Robert Freund (left)
T.J. Myers (right)
PKBB was owned by Robert Freund and T.J.Myers -Qualified Party until 04/23/2013 when he left the company. A lawsuit (CV2013-009380) is pending in Superior Court where Freund sued Myers. A Settlement Conference is set for 05/26/2015.
PPS was run without a Qualified Party in 2013. PKBB was run without a Qualified Party from 04/23/2013 until Derrick King (Picture #5) was appointed as the Qualified Party on 09/28/2013. Our PPS and PKBB contracts ran from 05/28/2013 until 08/08/2013 when PKBB's contractor license was SUSPENDED. The ROC was slow by three months in updating its internet website which reflected that all the contractor’s license were current and in effect until the Arizona Audit forced the ROC to correct the internet records on 07/31/2013.
Derrick King was appointed as the new PKBB's Qualified Party on 09/28/2013. Arizona Law ARS 32-1122 states that in order to be a Qualified Party one has to have extensive contractor experience, pass the state test, and have a good character. The

Derrick King
Qualified Party application asks the question on line #18: "Have you ever been convicted of a felony or a misdemeanor, or currently have a felony charge pending?" This is a disqualifying question because people with criminal records cannot be certified by the ROC. We are not sure if Derrick King disclosed his 08/09/2006 Flagstaff criminal record of DISORDERLY CONDUCT-DISTURBANCE (Case #19956901). It appears Derrick King never should have been allowed by the ROC to be a Qualified Party because of the lack of his background education of four years as a construction supervisor and because of his criminal record.
The ROC has failed us by allowing PPS and PKBB to operate without a Qualified Party during the time of our construction job. The ROC's failure to maintain records as discovered in the 2013 Arizona Audit contributed to our hiring a contractor that did not have a valid license. The Arizona Audit showed 20% of the ROC records were missing or duplicated plus 40,000 records had inaccurate information.

NOTE: It is no wonder Robert Freund did not show up in his lawsuit against us in court. Robert Freund did not want the Contractor License problem and Derrick King's questionable Qualified Party position questioned. Derrick King threatened twice with harm to us and our house. Derrick King was the only worker from PKBB in our home and is responsible for the sabotage of the crimping of the kitchen sink waterline. 
We suspect Derrick King is responsible for the five intentional property damages. The judge stated that it "went to pattern" because of his anger and criminal record when he granted our Injunctions against Harassment last year. We have informed Judge Williams that we are requesting the extension of the protective order against Robert Freund and Derrick King because of the continued property damages. We are under attack which includes two attempts to murder us and the state does nothing.
SPECIAL NOTE: It is no wonder the ROC dragged on getting us Public Documents on our wrongfully closed complaints against PPS (#2014-250) and PKBB (#2014-251) because it was covering up its incompetence. The ROC is failing to take responsibility for its mistakes by breaking the law.


















FALSE ADVERTISING - PALMER'S KITCHEN, 
BATH & BEYOND (PKBB)  
ARIZONA OFFICIALS DO NOTHING TO STOP IT  
NOW FEDS INVOLVED!

Arizona is one of two states that has NO CONSUMER PROTECTION LAWS and NO TRUTH IN ADVERTISING (the other one is Utah). We have been contacting the Registrar of Contractors (ROC) and the Attorney General about the PKBB's false advertising activity but no response has been received from Arizona officials. PKBB's false advertising scam stated they are referred by PORA and has continued for the past seven months in the Grand Season Magazine and on the Internet. No efforts has been made in response to our complaints by state officials to protect Arizonans from PKBB's false advertising.
We contacted THE GRAND SEASON MAGAZINE publisher, Pat Goodson, about PKBB's false advertising. She stated Arizona has no laws that states she needs to verify the truth in adverting. She said she was more interested in collecting the $1,500 a month fee she received from PKBB. She said she did not care if the Arizona seniors were being scammed by her magazine.
It illegal by the Federal Government because it is on the Internet. Complaint #61657922 has been filed with the FEDERAL TRADE COMMISSION and IC3 (FBI Internet Fraud).
We had two witnesses ready for our trial, Bill Hansen (PORA President) and Rusty Bradshaw (INDEPENDENT newspaper). Mr. Hansen was testifying that PKBB has been dropped from PORA's Referrals for years because of excessive poor workmanship complaints. Mr. Bradshaw was testifying that he investigated the PKBB's false advertising scam and wrote a newspaper article about it.
NOTE: It is illegal by contractor law ARS 32-1154 A15 which states Revocation or Suspension of Contractor's license for:
"False, misleading or deceptive advertising whereby any member of the public may be misled and injured.”
Wake-up Arizona ROC and Arizona AG, PKBB's contractor's license should be REVOKED because Arizonans are being financially injured by this crooked contractor Robert Freund.
NOW THE FEDS ARE INVOLVED TO PROTECT ARIZONA HOMEOWNERS!
SPECIAL NOTE: Our trial was canceled since PKBB failed to show up We are sharing our evidence against Robert Freund (Palmer's Kitchen, Bath, & Beyond LLC) to protect Arizona homeowners.




ALL ARIZONA CONTRACTOR CONTRACTS MUST 
HAVE 3-DAY RIGHT TO CANCEL PRINTED ON IT  
YOU STILL MIGHT LOSE MONEY

Don't assume in Arizona that you always have a THREE DAY RIGHT TO CANCEL on contractor's jobs. It must be printed on the Contractor's Contract to eliminate any doubts.
The Federal Government allows a "3-day right to cancel" for any home improvement contracts for any job $25 or more. However, you may have to pay for contractor's expenses or costs on the job to date. Arizona's 3-day recession law is murky and usually only applies to buying a home. You have to sue to use the 3-day rescission law in Arizona if it is not clearly stated on the contract.
It is best to use an example of one of our bad contractor's, Robert Freund, victims. We talked to Donald Gunderson, who lives in Sun City Grand, and he prepaid Palmer's Kitchen, Bath, & Beyond (PKBB) $10,000 for a bathroom remodel job. He canceled the contract the next day but Robert Freund only refunded 50% of the monies stating he had spent the other monies for the job. Mr. Gunderson had to sue Robert Freund (lawsuit #2013-0863070) to recover all of his funds. This lawsuit actually went to a lengthy trial before the contractor problem was resolved and the homeowner recovered his monies.
PKBB's contracts do not clearly state that you have a 3-Day Right to Cancel. Even if it did it is not always possible to recover all your funds if your change your mind and want your money back.
NOTE: Contractor Robert Freund is very litigious and has the money to hire lawyers. This is part of his scam to overwhelm the homeowner with legal costs so that the homeowner pays the disputed contractor bill. Robert Freund has done that to a number of his former customers and they decided it was easier and cheaper to pay the disputed contractor bill rather than paying a lawyer to fight it.
Robert Freund did not come to our Pretrial Conference because he had our Trial Disclosure Statement and it showed many of his victims were going to testify about how he scams homeowners. Robert Freund did not want that information to be publicly disclosed at our trial.
SPECIAL NOTE: Remember in dealing with a contractor in Arizona put down no more that 25% of the job costs and be prepared to lose those funds. Always have the clause that you have the "3-Day Right to Cancel" written on the contract.

BETTER BUSINESS BUREAU (BBB) IS NOT A GOOD 
SOURCE FOR RESEARCH
JUST FILED A COMPLAINT AGAINST PALMER'S 
KITCHEN, BATH, AND BEYOND LLC

Palmer's Kitchen, Bath, & Beyond (PKBB) brags that it has an A+ rating with the BBB. We were unable to file a complaint because their lawsuit was in progress against us. Now the lawsuit is over and it was found in our favor. The contractor failed to appear in court. It is time to warn the homeowners.
We have filed complaint #1000015263 today listing the following reason for our complaint of improper or inferior repair requesting the $9,286.32 we paid to be refunded. The reason given were:

1.  Failure to finish the job under supervision,
2.  Poor workmanship that fails to meet building and safety codes,

3.  Failure to hire properly licensed and trained qualified subcontractors,

4   Failure to pay subcontractors,

5 . Forged documents,

6.  Intentional Fairall property damages (4 Police Reports filed and an Injunction against Harassment granted against Robert Freund and Derrick King),

7.  Threats and stolen property of the Fairalls (1 Police Report filed),

8.  Misuse of the legal system with a baseless lawsuit,

9.  Failure to obtain proper BUILDING PERMITS for years,

10.Operating without Qualified Parties with inactive or suspended contractor's licenses.
NOTE: Robert Freund has 30 days to respond to our BBB complaint. The lawsuit was baseless but it allowed PKBB to continue its scam because it prevented a BBB complaint and Press coverage. Records show PKBB's annual sales is between $5 to $10 million. The scam lawsuit allowed him more time to operate illegally without any public warning (16 months). The Registrar of Contractors failed to stop the scam and is an accomplice to Robert Freund's criminal activity.
SPECIAL NOTE: Now the Public can be informed that this is a crooked contractor, Robert Freund, takes your money and time while destroying your home. We lost over 200 man-hours, thousands of dollars, and had many sleepless nights fighting the baseless lawsuit. The ROC must REVOKE Robert Freund's contractor license and PROTECT ARIZONA HOMEOWNERS!

 PICTURES OF POOR WORKMANSHIP 

AND INTENTIONAL PROPERTY DAMAGES




Poor Workmanship


Poor Workmanship - Burned wall and cabinet



Sabotaged crimped waterline to kitchen sink - 08/2013


Property damage: Cut electrical wiring - 02/2014


Stalking - Police had to remove Freund and King - 02/2014



Property Damage - Tires hammered 
with carpenter nails - 04/2014



Property Damage: Tired cut open-Attempted Murder - 04/2014


Property Damage - Poisoned Citrus Trees -11/2014

Property Damage - Poisoned Citrus Tree - 11/2014

Property Damage - Poisoned Shrub - 11/2014


Property Damage - Poisoned Tree Dying  - 11/2014


Property Damage - Poisoned Olive Tree - 04/2015

NEWSPAPER COVERAGE 




2900 FACEBOOK FRIENDS - THANK YOU

Jeffrey Fleetham, Director
Jeff Fleetham
ROC Director
We have never seen such fast growth to our elder abuse prevention Facebook. Besides senior living facility problems and beating up the elderly there are so many criminals scamming the elderly. Our new focus is on Contractor scams of the elderly.

Our primary target is Robert Freund (owner of Palmers Plumbing and Palmer's Kitchen, Bath, & Beyond LLC). Robert Freund scammed us and many other seniors living in the Sun Cities Areas. The Registrar of Contractors (ROC) is broken and has ignored this criminal contractor for years.

The ROC needs to REVOKE Robert Freund's contractor license because: he provides poor workmanship, threatens the elderly, fails to pay his subcontractors, uses false advertising, fails to obtain required building permits, and misuses the legal system as a weapon with baseless lawsuits.
Thank you Facebook Friends for your support.

CALL TO ACTION: 


Please call the new ROC Director, Jeff Fleetham, and tell him to 

REVOKE Robert Freund's contractor license because he is a 

crook. Please tell Mr. Fleetham to reopen Mark Fairall's ROC 

complaints #2014-250 and #2014-251 and provide the justice he 

deserves.

Mr. Fleetham's phone number is:

 (602) 542-1525.


Image result for palmers kitchen bath and beyond



Carol and Mark Fairall
THE REAL FACES OF ELDER ABUSE







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