Complaint Review: Steve McCormick ADR Bishop Construction AMCC CSLB

Dear Judge Foster,                                              

With all due respect, did you even look at the case or just sign off on it? A decision I was told would take 2-4 weeks for you to review was made that day. What part of the conflict of interest with the State’s Expert did you not understand?  Or the fact that CSLB told us to have no contact with the States Expert yet the customer made it a point to drive a couple of hours to be there and sabotage the so called unbiased decision. The manufacturer of the product in question, Armorlite, brought the State Expert in to advise them on the making of the product. I confirmed this with the former CEO of the company who asked for the State Experts phone number because they were friends. When I asked the expert in arbitration if the CEO contacted him, he laughed and said, yes.  The arbitrator (Steven McCormick) employed by AMCC of Los Angeles, should have disqualified his testimony which damaged me on his paperwork, yet vindicated me in arbitration.  The State expert rebutted his findings in arbitration and place sole blame on the manufacturers poor quality, and admitted in arbitration when I stated towards the  closing arguments, “But I did put the roof on to factory specifications right” to which the States Expert answered, “Yes, but unfortunately you’re the installer.” So that makes it my fault?  The manufacturer Armorlite was in business less than 2 years before going bankrupt and sold a one of a kind roof of less than 20 were sold. Yet the State Expert stated in his report that he had inspected over 50 of these roofs.  The arbitrator was nothing short of being arbitrary and capricious in his decisions.  I submitted a Correction of Judgment which was backed up with a letter from a strict F.E.M.A. program in our area which is overseen by the Federal Government that I was involved in. It provided the going rate per square for the last 100 out of over 400 homes we have re-roofed. The arbitrator Steven McCormick slapped me with double the amount and refused to correct it.

How about the fact that CSLB closed the case twice. The second time was 4 years to the date which forfeited their jurisdiction over the case, yet they sent me to arbitration regardless.  Are we not bound by the same laws?

 California Business and Professions Code Section 7030 states “Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate Complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation.” (http://law.onecle.com/california/business/7030.html)

 I feel the Department of Consumer Affairs who presides over CSLB should look into this matter closely. You can’t close a case and open it up whenever you choose. This case was closed twice by CSLB.

It is shameful that we didn’t get to present our facts verbally in your courtroom. The Minute Order states, (Argued by Counsel and Submitted.)  What argument?  My attorney and I didn’t get to say anything.  I spent money I don’t have hoping I would come across a Judge who could see right from wrong, unfortunately for me, I came across you Judge Foster who apparently was just too busy to look at my case.

 We can no longer afford to stay in our home, due to the fact that, they have suspended my State Contractors License and won’t allow me to work, for not being able to pay $8,510.00 in 30 days.  This is aprofession I take pride in and have been doing for over 20 years.  Judge Foster, It is your duty to see that Justice prevails. You had the proof in your hands. Now I’m only left with filing an appeal against your decision.  I can’t afford the process.  The State won’t allow me to work, where am I to come up with the filing fees for the paperwork required of an appellate court? I’m 50 years old, what am I suppose too do in life now? Go back to school? I don’t even owned a home I can borrow against. 

The State took a perfectly respected roofer and ruined him because of a vendetta by one customer who was angry at the possibility that I might have had to charge him $250.00 to repair a pipe vent which was sheared off from the newly created snow slides which is a direct result of his choice of roofing.  A material that was unknown to roofers. I told him if it was our fault, I would fix it at no charge. This was not acceptable to him. No warranty given with this roof because I didn’t sell it to him and I didn’t know about the product beforehand. His reply back to me was, if the worker placing siding on his home had the personnel to install the vent pipe properly, he would ask him to do it and charge me the going rate of $250.00. Please allow me to briefly explain the scenario.  The manufacturer misled me on my cost. Materials which were going to cost $4,000.00 turned into $6,999.00. I explained what happened and I was only asking $1,500.00 to help offset the cost only after providing him with proof that I was lied to by Armorlite. I offered to take the material back to L.A. at no cost to him if he didn’t feel what I was asking of him was fair. He insisted this is the roof he wanted and agreed as witnessed by 2 other people.  So this customer waits until I finish his roof and tells me, “I don’t think I should have to pay that money to you.” Long story short, he only paid me half of the $1,500.00 owed to me. I let it go at that and chalked it up as a lesson learned about, Additional Work Orders. Anyone can see a man like this has no honorable integrity and said in so many words, he would use all resources at his disposal to rectify the problem which included perjury.  In the customers words I quote, “It is such a simple matter, something that would take just pennies and minutes and you insist, for whatever reason, to blow it up into something that doesn’t have to be.”  Pennies and minutes for something I said I would take care of for free, if it was our fault, was seen as a justifiable decision by Steven McCormick against me for $8,510.00. Steven McCormick awarded me $700.00 dollars (which I never asked for) as compensation for other half of the $1,500.00 the customer refused pay me and then as though a slap in the face, awarded to the customer $710.00 for removal. Why the extra $10.00? It was very insulting, it was unprofessional and it was mean spirited, from an arbitrator who refused to shake my hand for no other reason than the color of my skin.

Everyone who loses in court thinks they were wronged.  This letter is condensed. I have additional proof to substantiate what I am saying. Now you ask yourself, was this fair to me?  All I was asking of Judge Foster was to have my say in a formal court. A case I couldn’t possible lose in arbitration was decided by a poorly trained arbitrator.

 It is very sad and unfortunate, that my family and I, whom I’m the sole provider for balanced on the Scales of Justice that you held that day Judge Foster.

Respectfully,

Michael

Cc. Governor Jerry Brown
cc. Commission on Judicial Performance

cc. Department of Consumer Affairs