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25A-143 CONCLUSIONS In accordance with the last sentence of M.G.L. Ch. 142A, Section 16, 1 understand that I was not obligated to pay Mr. Helems in full, until and unless 1 was completely satisfied with his workmanship. As is clear from the extensive list I have included here, I have never been satisfied with Mr. Helems workmanship in this project. I also understand that Section 2 of the law in question forbids Mr. Helems from abandoning this project. His continued inaccessibility and lack of responsiveness is abandonment and forced me to hire others to complete the work. In accordance with Section 2 of that law, I also understand that Mr. Helems was not allowed to deviate from the contractually agreed-upon scope of work without my consent. From my first introduction to Mr. Helems in 2006, he has continually identified himself as Creative Construction. As 1 now understand it, he has never registered this name with the town of Southampton or any other governmental agency. The only official name he has registered is Creative Constructing and Remodeling, LLC, which he registered in February of 2008. His license states the name incorrectly, as Creative Construction and Remodeling, LLC, in violation of Section 12 of the statute. Mr. Helems has never provided an accurate accounting of the project with all credits due to me, for payments made and for credits given my Mr. Helems for his and his staff's oversights. Without ever making an attempt to finish the job after May 2007, Mr. Helems has improperly demanded a final payment from me. In the second paragraph of the demand letter he sent to me in February of 2008, he actually states the reverse of the way he should have handled this situation: demanding payment prior to setting a schedule to complete the project. To date, 1 have incurred additional labor expenses in excess of$15,000.00 in attempting to complete the work included within the contract I engaged in with Mr. Helems. In addition,there were materials removed from my home (arts and crafts baseboards and trim, plywood, etc.)that were never returned and materials that I paid for completely outside of the contract with Mr. Helems (dishwasher, new doors, etc.) most of which was never installed and in fact that disappeared from my home. I estimate that approximately $10,000.00 in new and existing materials were removed from my home and never returned. I also anticipate an additional $15,000.00- $20,000.00 to correct and complete the work that Mr. Helems included in his contract, but never completed. For this reason, I am seeking return of the full $41,663.78 that I have paid Mr. Helems. Signed under the pains and penalties of perjury, this 30th day of September, 2008 Marta P. Martinez Tom COMMONWEALTH OF MASSACHUSETTS Hampshire, ss September 30, 2008 On this 30th day of September, 2008, before me, the undersigned notary public, personally appeared Marta P. Martinez Tom, proved to me through satisfactory evidence of identification, which was personal knowledge,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. `,�1111ffff, pS1N.STF�;�•, CO NOTAq PUBLIC: St A. Stewart ='k My commission expires 03/08/13 ` MONVrE���e:`�J� 'l'rARY PvO. �fJ►trrF• 15. Window Seat Construction. Mr. Helems included the construction of a window seat in the living room area. The seat was framed in and never finished. To date, this remains incomplete. 16. Bookcase in Living Room. We re-used an existing bookcase that was to be installed in the living room. Mr. Helems was to have trimmed this piece, which he never did. To date, this remains incomplete. 17. Plywood pieces missing from purchased materials. On more than one occasion, plywood pieces that were slated to be installed inside a closet in the kitchen and the upstairs hallway were removed from the home and never returned. I was forced to re-purchase these materials and to hire another individual to install them into the two closets. 18. Kitchen Backsplash Tile. I purchased glass tile to be installed behind the kitchen counters which installation Mr. Helems bid and included in his proposal. This the was never installed by Mr. Helems. I was required to hire another individual to install this tile. 19. Bathroom Tile. Mr. Helems never sealed the grout between the tiles in the bathrooms. The grout and is now stained and will need to be treated and sealed. To date, this work remains incomplete. 20. Upstairs Linen Closet. This closet was gutted by Mr. Helems and all trim around it was removed. The trim was never returned. 1 was required to hire another individual to build the inside of the closet. To date,the trim has not been replaced and this remains incomplete. 21. Front Yard. During the course of construction, Mr. Helems and his staff parked their trucks on my front lawn. Doing substantial damage, Mr. Helems assured me that he would completely re-seed the lawn. This was never done. To date, this remains incomplete. 22. Upstairs bathroom. Crown molding was never re-installed in this room. To date, this remains incomplete. The bathroom wall and ceiling color were interchanged, so the room was painted incorrectly. I was required to hire another individual to repaint the bathroom. 23. Window Installation. The exteriors of the windows replaced were never painted, caulked or sealed. I was required to hire another individual to caulk and seal them and to date, the painting remains incomplete. 24. Dishwasher. I purchased a new dishwasher on December 27, 2006. Mr. Helems staff incorrectly instructed the appliance delivery company to remove the dishwasher rather than the refrigerator that I was replacing. 1 was required to purchase a second dishwasher to replace this brand new appliance that was to be installed. I was never reimbursed by Mr. Helems for his staffs substantial error. INAPPROPRIATE DEMAND FOR PAYMENT Without ever making any attempt to complete the project or to correct the unsatisfactory work done, Mr. Helems sent a demand letter for payment in full, made phone calls demanding payment in full, hired an attorney,attempted to make a claim of larceny against me with the Northampton Police Department, and then filed.a small claims action related to this project. In this September 19, 2008 small claims action he claimed he is owed$950 for twelve (12) windows. This claim has no relationship to any of the invoices I have. I have included a copy of all documents related to this matter, including Mr. Helems' own invoice showing 1 paid for the windows in question. (Exhibit 7-Small Claims Documents) UNSATISFACTORY WORKMANSHIP The following is a list of the specific items that were incomplete or not done to my satisfaction. 1. Hole in outside structure: There was a hole left in the wall of my home in the area under the kitchen sink out to the outside of my home that remained open to the elements and rodents. 1 was required to hire additional personnel to close the same and replace the insulation. 2. Lally Columns under the bearing wall in the kitchen/living room. These were ordered and paid for, but Mr. Helems never installed them, resulting in cracks in the living room wall and ceiling and a crack in the second floor wall over the same area. 1 was forced to pay a premium to another contractor to get these installed to prevent further structural damage. 3. Hardwood Floor never finished to the walls. Throughout the first floor of my home,the hardwood floors do not meet the walls, leaving a gap. To date, this remains incomplete. 4. Trim wood installed without having been sanded or stained. Throughout the first floor, Mr. Helems and his staff installed trim pieces that were not sanded or stained prior to installation. Some of these trim pieces were stained on some sides and not on others. To date, this remains incomplete. 5. Stairs to second floor. Mr. Helems advised that the water-soaked stairs did not need replacement, but would dry and be acceptable. Mr. Helems staff damaged the stairs in the course of their use of them. They then attempted a refinish of the stairs that was unsatisfactory. To date, this remains incomplete. 6. Stairway Walls. In his last appearance at my home, during the weekend of July 8, 2007, Mr. Helems' contractors left gaping holes in the walls of the second-floor stairway from improper installation and removal of painting scaffolding. l was required to hire another individual to repair the walls. 7. Stairway Walls and Ceiling Painting. The walls were not primed nor painted correctly. The paint colors did not match each other. I hired another individual to repaint the walls. 8. Crown Molding over Window Trim. In the process of installing new windows, Mr. Helems removed the inside trim pieces, including the crown molding from around the windows throughout the home. The period arts and crafts woodwork was removed from my home and never returned. Mr. Helems replaced it with pine and never re-installed the crown molding. To date, this remains incomplete. 9. Baseboards throughout the home. These were removed and taken to Mr. Helems' mother's to be refinished and re-installed. Mr. Helems reported the wood was destroyed in a flood at Helems' mother's home, forcing me to purchase replacement wood that was never completely installed. To date,this remains incomplete. 10. Doors. 1 purchased five (5) new solid doors with frames for installation in the second floor hallway. This included a special-order closet door. These were never installed by Mr. Helems and disappeared from my home and were never returned. The original trim and molding in the hallway was removed to accommodate these new doors and never replaced. To date, this remains incomplete and none of these materials were returned. 11. Kitchen Cabinets and trim. The final trim work in the kitchen was never completed. Kickplates and trim pieces were never installed. I was required to hire another individual to complete this work. 12. Microwave Cabinet. I purchased a $350 microwave cabinet. Mr. Helems incorrectly cut this cabinet, making it unusable. I was forced to hire another individual to replace the cabinet. 13. Broken Basement windows. Mr. Helems never replaced these windows for which he bid and which work he included in his contract price. To date, this remains incomplete. 14. Back Deck. The stairs up from the yard to the back deck were never finished. The risers were never installed. I was required to hire another individual to complete this work. EXHIBIT 1-Notarized Statement of Marta Martinez 1, Marta P. Martinez Tom hired James A. Helems, Jr. (HIC License# 159153)to perform repair work on my home at 18 Bates Street,Northampton, subsequent to a flood caused by a burst plumbing pipe in my upstairs bathroom on January 3, 2007. Mr. Helems always identified himself as the owner of"Creative Construction."Mr. Helems prepared a proposal which we mutually delivered to my insurance company, Safety Insurance. The proposal placed the total cost for completion of the repair work at $49,300.00 (Exhibit 2- Proposal). An item of note: in Mr. Helems' cover letter with the proposal, he stated "We have not included any costs for plumbing/heating or electrical as you have hired your own contractors for both areas."Please make special note of the fact that 1 hired my own contractors for these areas because Mr. Helems expressly told me that the only plumbers and electricians he knew were, in his words, "drunks who will never show up." As the permitted contractor on the job, Mr. Helems, however, had full responsibility for the work done by these sub- contractors. On January 20, 2007, 1 was with my insurance representative Mr. Rick Zack of Safety Insurance. At that time, Mr. Zack telephoned Mr. Helems and negotiated the price of the full contract with Mr. Helems down to $44,938.08. Mr. Helems never delivered an updated proposal reflecting this new price. During the entire course of the project, I was never given any written change order to approve, outlining any deviation from the original price of$44,938.08. The project was never completed and I have never been satisfied with the majority of the work done by Mr. Helems and his staff and subcontractors. TIMELINE The work began in January 2007 and proceeded on a semi-regular basis until May of 2007, at which time 1 obtained my occupancy permit. After that point, Mr. Helems and his staff and subcontractors stopped showing up to my home and Mr. Helems became unreachable and would not return telephone or e-mail requests to complete the project(Exhibit 3-Telephone Log, E-Mail Example, Construction Calendar.) Mr. Helems' only return to my home occurred during the weekend of July 8, 2007. At that time, his staff returned to refinish the hardwood floors on the upstairs hallway and stairs and to paint the upstairs hallway walls during the weekend of July 8, 2007. The floor refinishing was unsatisfactory and gaping holes were made in the hallway walls from the painting scaffolding. Neither of these matters was ever repaired or redone by Mr. Helems and I had to have the work done by someone else. This was the last time Mr. Helems or any of his staff or sub-contractors stepped into my home. Again Mr. Helems became unreachable. In late July of 2007, Mr. Helems and his partner Chet Gnatek began work on a house next door to me (#20 Bates Street). During that project, Mr. Helems made no attempt to contact me to arrange for completion of the project at 18 Bates Street or to arrange for repair of the recently damaged hallway walls, nor was he returning any of my telephone calls or e-mails. Mr. Helems' unreasonable lack of responsiveness forced me to enlist other contractors to complete the project. On February 12, 2008, Mr. Helems sent a registered letter to me demanding payment in full without any attempt to complete the project to my satisfaction. ACCOUNTING In reviewing the project accounting information that Mr. Helems delivered to me, I have determined that Mr. Helems never credited me for one of the payments I delivered to him ($500.00) nor did he credit me for the value of the brand new dishwasher($300.00) that his staff incorrectly disposed of nor did he credit me for"lost materials" ($1,500.00). The Statement that he provided does not reflect the payments in the amounts I delivered to him, so I had to put the information into a spreadsheet to determine the actual totals. (Exhibit 4—Helems Totals.) I have also included copies of the cancelled checks for the payments I delivered to Mr. Helems in the course of the project, totaling$41,663.78. (Exhibit 5--Payments to Helems.) Mr. Helems continues to publish information to others, including the Northampton Police Department in an attempted filing of a Larceny claim, that I have paid him only $22,000.00. (Exhibit 6—Northampton Police Report) 4. FOR COMPLAINTS INVOLVING HOME IMPROVEMENT CONTRACTORS: Please circle the number of any of the following acts(in accordance with G.L.c.142A)which you allege took place in your dealings with the HIC registrant: 1.Operating without a certificate of registration issued by the Department; 2. bandoning or failing to perform,without justification,any contractor project engaged in or undertaken by a registered contractor subcontractor,or deviating from or disregarding plans or specifications in any material respect without the consent of the owner; ] ailing to credit to the owner any payment they have made to the contractor or his salesperson in connection with a residential tracting transaction; 4.Making any material misrepresentation in the procurement of a contract or making any false promise of a character likely to influence,persuade or induce the procurement of a contract; 5.Knowingly contracting beyond the scope of the registration as a contractor or subcontractor; 6.Acting directly,regardless of the receipt or the expectation of receipt of compensation or gain from the mortgage lender,in connection with a residential contracting transaction by preparing,offering or negotiating;or attempting to or agreeing to prepare, arrange,offer or negotiate a mortgage loan on behalf of a mortgage lender; 7.Acting as a mortgage broker or agent for any mortgage lender; 8.Publishing,directly or indirectly,any advertisement relating to home construction or home improvements which does not contain the contractor's or subcontractor's certificate of registration number or which does contain an assertion,representation or statement of fact which is false,deceptive,or misleading; 9.Advertising in any manner that a registrant is registered under this chapter unless the advertisement includes an accurate reference to the contractor's or subcontractor's certificate of registration; 10.Violation of the building laws of the commonwealth or of any political subdivision thereof, 11.Misrepresenting a material fact by an applicant in obtaining a certificate of registration; 12 ailing to notify the Department of any change of trade name or address as required by section thirteen; 13 onducting a residential contracting business in any name other than the one in which the contractor or subcontractor is iS,ere d; 14.Failing to pay for materials or services rendered in connection with his operating as a contractor or subcontractor where he has received sufficient funds as payment for the particular construction work,project or operation for which the services or materials were rendered or purchased; 15.Failing to comply with any order,demand or requirement lawfully made by the administrator or fund administrator under and within the authority of this chapter; 16. emanding or receiving payment in violation of clause(6)of paragraph(a)of section(2)which states: "a time schedule of ments to be made under said contract and the amount of each payment stated in dollars,including all finance charges.Any deposit required under the contract to be paid in advance of the commencement of work under said contract shall not exceed the greater of one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature,which must be ordered in advance of the commencement of work,in order to assure that the project will proceed on schedule.No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto;" ' any other provision of chapter 142A. 2 No: OoGGG�IiGI���!�GPrOfj!/� Received Date: /p�>?�Zi'2tZtiT� O / '" xm/ For state use only i Home Improvement Contractor Registration/Cons t uction Supervisor Lic nse Complaint Application Fo m In order to file a comf Dntractor and/or a Constuction Supervisor License he 2008-533 - 159153 to the Board of Building Regulations and Standards("BBR: t in a hearing against the contractor. Filing a complaint wit >complaint may result in disciplinary action against the cons 2008-534- 93395 ng of any hearing scheduled relative to the contractor named i Safety website(www.mass.gov/dps) prior to filing a compla.... <„.,113u.-- wat uic i;,,'�uiIINWHccs 01 your case in witnm the prerequisites for filing a complaint. 1. Your information:�(Ple/a�se type or print neatly) Name: Aar-4 ' ' Mar ne-z� IdnV Address: It lJi r6 V J reg( /v o P_Vq 1 p71V NA 616 L 6 Address of property at issue: Day Phone: Fax: (d/2 —00 N E-mail 4114kto , CO{n 2. License holder/Reeistered contractor: Contractor name: n/(Q f /¢, lf� ,,. Jr. ��c�k/� �� � ,�s Business name: CIN44 5 rli7I M�h Ui'f G�lV'w el 1 /� '9, YGd C ��I h� y ,J. � ry � Business address: S-9 6 h f) P0a i r Rd� )J/ �7�( Q �(j�7{� /f' 0/079 Phone: (�13) Date contract signed: / / Amount of contract: $ 0 L y 3. Does the contractor who the contractor who agrieved you hold the followin2you hold the following: (please circle the number below) 1. Home Improvement Contractor registration---- (HIC) # �� 3 2. Contruction Supervisor License---------------- (CSL)# 3. Unregistered Contractor / L-j- Kevin Burke � Secretary Thomas G. ne P.E. �fJ Commissioner a,w aOf!/l�CL/vy !G2 �G7(/lZQ ��� Gary Moccia,P.E. Duval L.Pariick o Chainnan Governor ��JF��f// xml Stanley Shuman,P.E. Timothy P.Murray Vice Chainnan Lieutenant Governor %9 Anthony Patillo 212 Main St. Rm 100 Wednesday,November 12,2008 Northampton MA 01060 Contractor's name: JAMES A HELEMS HIC/CSL#: / 93395 Property Address: 18 Bates Street Northampton MA Complainant: Marta Martinez Complaint Number: 2008-534 Greetings: Please be advised that the Board of Building Regulations and Standards has received a complaint against the above-listed registrant. Your immediate attention to this matter is requested. In order to assist the Board in its investigation of the complaint,kindly forward any documentation relative to the above-listed property that you have in your possession to the Board. Please reference the complaint number and registrant in your reply. Kindly refer to the Department of Public Saftety website(www.mass.gov/dps)for answers to any questions you may have about this matter or the complaint procedure in general. You will be notified in writing should your appearance at a hearing become necessary. Thank you in advance for your invaluable assistance. Very truly yours, BOARD OF BUILDING REGULATIONS AND STANDARDS �— Kevin Burke Secretary Thomas G. ne P.E. Commissioner w cGa/J�ClL'G2��G�f/Ilf� �2�2 rL2�C1/l Gary Moccia,P.E. Deval L.Patrick a Chairman Governor %SP r O'Jli L xw Stanley Shuman,P.E. Timothy P.Murray Vice Chairman Lieutenant Governor �� � Anthony Patillo 212 Main St. Rm 100 Wednesday,November 12,2008 Northampton MA 01060 Contractor's name: JAMES HELEMS HIC/CSL#: 159153 / Property Address: 18 Bates Street Northampton MA Complainant: Marta Martinez ani/ t 7 Complaint Number: 2008-533 Greetings: Please be advised that the Board of Building Regulations and Standards has received a complaint against the above-listed registrant. Your immediate attention to this matter is requested. In order to assist the Board in its investigation of the complaint,kindly forward any documentation relative to the above-listed property that you have in your possession to the Board. Please reference the complaint number and registrant in your reply. Kindly refer to the Department of Public Saftety website(www.mass.gov/dps)for answers to any questions you may have about this matter or the complaint procedure in general. You will be notified in writing should your appearance at a hearing become necessary. Thank you in advance for your invaluable assistance. Very truly yours, BOARD OF BUILDING REGULATIONS AND STANDARDS