Complaint Review: Avi-Con CA Construction Aaron Avila Dylon Cuha - Riverside California

I am seventy-seven years old man and stroke survivor that left me with a cognitive deficit during the time that the fire damage and  the subsequent construction was done. I initially communicated with the insurance company representatives and based on Liberty Mutual/Safeco’s list of pre-approved contractors, I selected CA Construction, with the hopes that the contractor was experienced in the nuisances of working with a third-party insurance company and construction following a fire. Little did I know that the construction company would exploit my wife’s and my vulnerability and lack of construction savvy that would put us in the position we are now in!

We were re-located to a third story apartment (with no elevator) in a town approximately 22 miles from our home.  This made being onsite difficult and when my health further deteriorated, I was unable to continue communicating with the insurance representatives.  Based on our experience of empty promises, advancing money from the insurance claim to the contractor, and continued delays in starting.   

In looking at the initial invoice by the contractor of $38,000 and more than 10% of the actual costs, in hindsight, we should have been suspicious when the construction was delayed, and these monies were in CA Construction’s hands. I was not involved in any change orders, as I was in the hospital, and this occurred between the insurance company and the contractor.  Therefore, additional costs may have been authorized, but I was unaware. 

At this point, CA Construction is suing my wife and I for monies they state we owe them.  These monies that were paid to us directly were not pocketed by us but were required to use to pay others for CA Constructions lack of workmanship and promises made and not fulfilled. We are on a fixed income and are now faced with not only the amount that CA Construction states we owe them, but attorney’s fees. 

I am not versed in the world of construction nor am I an attorney, but the accusations made by these parties and my concern about our financial future and whether we will be able to continue to live in our home has caused a significant amount of stress and anguish.  These threats have caused many a sleepless night and have thrown my wife into a deep depression.

I feel that I must come forward with this complaint, if not for myself, for other seniors.  This is elder abuse; emotional and financial and perpetrated by a company that with the blessing of the insurance company we placed our trust.

Answer to #5 and #11

Synopsis of Complaint

·       Date of Fire- 12/23/2019

·       Homeowner’s Insurance- Liberty Mutual/Safeco

·       Claim # 0416591712-01

·       Contractor was selected from the list of the Insurance Company’s approved contractor list

·       Amount initially estimated by insurance company- $154,794.99

·       CA Construction’s estimated start time for project- 2/3/2020

·       CA Construction’s estimate completion time- 7/3/2020

·       CA Construction’s actual time to start the project- July 2020

·       CA Construction’s date of completion of project- April 2021

From the date of the fire until September 2020, the property had no temporary power or water.  We continued to reach out to the contractor sharing our concerns about the situation and we were promised that our concerns would be addressed, but this did not occur. Without power or water, the pool, landscaping, and our family/company vineyard with subsequent loss of the entire landscape, production of grapes and loss of vines. 

The pool was so impacted not having any cleaning that the neighbors threatened calling the Public Health Department. (Pictures available upon request). Hearing our concerns regarding the pool, the contractor hired someone to drain and clean the pool and again I received a call while hospitalized from the neighbor that the entire contents from the pool and water were drained into their yard.

When CA Construction did start the project, they pulled all the half-burned items from the garage out onto the driveway for six months. This cause additional damage to the driveway and those large sharp metal items left unattended drew the attention of our neighbors concerned about potential injury. (Pictures available)

The painting of the interior was sloppy and lacked craftsmanship with cabinets needing additional coats for adequate coverage, some items and baseboards only half painted, and no evidence of clean up with paint bleeding onto the ceiling.

The Master bathroom cabinets were reused, and this was evident as pre-fire stains in the drawers were not entirely painted over.

At the time we were able to move back in the house, I had a stroke and was in the hospital. The cleaning of the house that the contractor stated they had completed was nonexistent and my wife could not physically do this herself.  Subsequently we hired a professional cleaner and grout cleaning company to do what the contractor said they had completed. (Pictures available).

Both a cable company and gas company were onsite to initiate service with both companies having to improvise their installations because the contractor had not completed their portion of the work. (Picture available)

The window used in the garage is the wrong size.

The finishing of the garage floor was not completed with a 4-inch gap from where the cement ended to the wall. We had the floor epoxied and although CA Construction attempted to finish the floor (prior to being epoxied), the result was less than satisfactory.  (Pictures available).