My mother entered into a contract with David B. Toneman Construction CA License #548577 to do a $68K addition and work started in September of 2015. Work was never completed even though Mr. Toneman, who told my mother he needed full payment for work not yet completed to pay his people, fraudulently conned my elderly mother out of the full agreed payment in direct conflict in the mutual contract. In addition he neglected to pay many of his subcontractors one of which has made a claim with his Bond Company Old Republic Surety.
Although work was supposed to be completed in 90 days, Mr. Toneman abandoned the job in January of 2016 despite numerous promises to complete the project. In February of 2016 we filed a complaint with the California State Licensing Board who performed an inspection of the property and found numerous faults including use of substandard materials even though contract specified quality materials and an electrical problem that cannot be diagnosed until deconstruction of Mr. Toneman's work. The Licensing Board provided us with a report of the substandard work and the cost to repair, prior to determining electrical problems was a minimum of $13,500.00.
The CASLB has been trying to contact Mr. Toneman who has seemed to have abandoned his work address as well as home. Because we have been unable to resolve the issue with Mr. Toneman we filed a claim with his bond company Old Republic Surety in April 2016 which is being handled by Dennis McDonnell VP of Claims and provided the two estimates they requested as well as the CASLB Report and Estimate they provided. With both claims an amount of $16,900.00 is due but the bond is only for $12,500.00.
Old Republic Surety has filed a suit against my mother, Mr. Toneman, the innocent sub contractor and myself with smalll claims for breach of contract (although I have no part in any contract) because they have been unable to contact their insured David B. Toneman even though the sub-contractor and my mother have both agreed to take a considerable loss and settle for 73.9% of what is owed to meet the maximum of the Bond Amount.
I'm assuming Old Republic's attorney John M. Pagan of Hausman & Sosa LLP (obviously not what we'd consider an upstanding individual) in attempt to avoid honoring their contract with Mr. Toneman in hopes that the elderly victim and victimized sub contractor will get lost in Legaleze. My mother did her due dilligence when hiring the contractor and felt some security in the fact that the contractor was bonded but unfortunately Old Republic Surety does not seem to be the type of insurance company one could rely on.
I highly recommend you avoid David B. Toneman Construction Company and any Contractor bonded by Old Republic Surety (the bond company is the one safehaven you have against this type of victimization and Old Republic Surety is certainly not dealing with this in a manner that would be considered ethical).
#2Author of original report
Fri, June 19, 2015
Work Started in 2014, rest of issues occured in 2015.