ROD'S HOME IMPROVEMENT

On March 23, 2015, Roderick Rivera and Rod?s Home Improvement & Design, license number CS-082273, entered into an agreement with North Shore Realty Group, to perform contracting and renovation services at all three units at {member address removed} , Lynn, MA 01902. According to the agreement, Mr. {member name removed} was to pay Mr. Rivera $75,214 in five installments of $15,042, aligned to completed work milestones, to complete the total renovation of these units. The initial check, number 3055 was issued at the signature of the contract. The second check, number 2012, was supposed to be issued ?upon completion of walls, specifically dry wall installed with appropriate plumbing and electrical intact, compounded and sanded. ? This check was advanced in advance at the request of Mr. Rivera. Since that time, Mr. {member name removed} contacted Mr. Rivera on multiple occasions, via telephone, email and text message, to ascertain progress on the completion of this work. On June 9 Mr. {member name removed} wrote: We signed our agreement on March 23rd, specifying a 90 day completion period for renovation of {address removed}, Lynn, MA. As today is June 9, by my count that means we're 78 days into this renovation. I have regularly checked with you and the status of work to be completed has not changed significantly over the course of the past four weeks. Two weeks ago, I inquired as to why the plumbing had yet to be completed, and you had indicated that the electric was still being done. Please provide me with an update of the status of this renovation. Since that email, Mr. Rivera had contacted Mr. {member name removed} (by telephone on June 29th, requesting an additional payment, check 3013, in spite of the fact that Mr. Rivera had not and still has not completed the required work specified in our contract to finish walls prior to sending a third installment payment Mr. {member name removed} complied by forwarding Mr. Rivera this payment, as Mr. Rivera expressed not having enough money to pay electric and plumbing subcontractors to continue this work, and in good faith toward completing our next milestone, Mr. {member name removed} sent this payment to Mr. Rivera. Mr. {member name removed} wrote to Mr. Rivera again on June 20th, when he said: Per our conversation this morning, little has been done these past two weeks. At your request, I advanced payment. You stated this morning that delays were due to your taking classes and subcontractors having scheduling conflicts. You reassured me this morning that you will close walls and finish floors this week. Please do so, as I have the property under agreement, and further delays may have impact on this sale. Mr. {member name removed} continued to reach out to Mr. Rivera by text and telephone and received a text back from Mr. Rivera on Monday August 3rd at 11:14, where Mr. Rivera stated, ?Mike I?m in a meeting I?ll call you around 2.? Mr. Rivera did not call or leave a message on that date. However, Mr. Rivera?s son Daniel called on Mr. Rivera?s behalf on August 6, 2015 at 10:05, where he stated that Mr. Rivera were overwhelmed and overextended due to an issue with multiple plumbing subcontractors not performing on other jobs in Malden, Lowell and Lynn. He requested additional time and that Mr. Rivera would re-commence work on Tuesday of the following week upon Mr. Rivera?s return from vacation. Mr. {member name removed} stated to Mr. Rivera?s son, that Mr. {member name removed} could not understand how in the midst of contractor issues on multiple fronts, Mr. Rivera would take a vacation. This further indicated a lack of attentiveness and irresponsibility toward completion of our agreement. On August 10, Richard {3rd party last name removed}, Electrician, left a voicemail message for Mr. {member name removed} to indicate the status of conflict with Rod Rivera. On August 12 Rod Rivera reached out to {member name removed} to apologize for lack of communication and agreed to have electrician and plumber continue work toward finishing this work that would be completed by end of month. The next day, on August 13, Mr. {member name removed} contacted Rod and nothing further had been done. On August 19 at 5:00 PM, Mr. {member name removed} and Attorney Marla {3rd party last name removed} visited the building and videoed the current status of repairs, noting no further work to the premises, the electric had been wired, yet no plumbing had been done. The walls were all down to the studs and floors remained unchanged. There was a pile of debris at approximately four feet high and six feet in diameter strewn about the front room in the first floor of Unit 1. At such time, numerous calls were made and texts sent to Rod Rivera, Daniel and Electrician, Rich, in order to determine next steps. On the morning of August 21, Rich {3rd party last name removed} called Mr. {member name removed} and indicated that no work had been performed by him in over two months, and that he had not been paid more than $2,000. Mr. {3rd party last name removed} further stipulated that he would not continue to finish work until he received additional funds. September 29, Mr. {member name removed} then requested documentation of work performed from Mr. {3rd party last name removed}, in order to provide the quote to insurance for reimbursement. Mr. {member name removed} advised Mr. {3rd party last name removed} to contact Rod Rivera in order to finalize work and continue on the project. Mr. {3rd party last name removed} has not been paid any more funds. Mr. Rivera further alleged that Mr. {3rd party last name removed} had not completed the electric work to code and that Mr. Rivera was in process of bringing another electrician to the job. In response to that, Mr. {member name removed} asked Mr. {3rd party last name removed} to obtain a rough inspection from the City of Lynn, which he was able to obtain on October 5. On September 29, Mr. Rivera left a voicemail with Mr. {member name removed} suggesting that Mr. {member name removed} should be hearing from his Attorney on next steps. Attorney Marla {3rd party last name removed} reached out to Attorney Mark {3rd party last name removed} for clarification of what Mr. Rivera was referring to. Attorney {3rd party last name removed} had no knowledge of the actions of Mr. Rivera and suggested that he would contact Mr.Rivera and liaise with Attorney {3rd party last name removed} on progress to be performed in order to avoid Attorney {3rd party last name removed} from taking legal action against Mr. Rivera. Between August 21 and September 29, aside from plumbing being addressed, the status of work remains the same. Mr. Rivera does not readily respond to messages or pick up his phone. Mr. Rivera suggests that he has completed or addressed work, yet no work aside from plumbing and electric has been performed since March 23. On October 5, Mr. {member name removed} contacted John {3rd party last name removed}, plumber of record, and requested that he obtain a rough inspection. Mr. {3rd party last name removed} indicated that he would be completing his plumbing rough inspection on Wednesday, October 7, and that he would not require any additional funds. Mr. {member name removed} has provided email and text correspondence, and has attempted to provide as much telephonic conversation as possible to communicate with Mr. Rivera. Upon further review of Mr. Rivera, it seems as if he has been disciplined by the Commonwealth of Massachusetts Department of Public Safety on at least two other occasions. Due to all items listed above, Mr. Rivera has breached his contract with North Shore Realty Group, LLC, and has been incommunicado. Since we are approaching the winter months and there is still much work to be performed here. Lack of repairs performed resulted in a loss of sale to this building, and subsequent hiring of another contractor to complete the work not performed by Rod?s Home Improvement at a substantial loss to North Shore Realty Group.

He began in September 2005 with the promise that this job would be complete before the winter weather (as I did not want to have the walls open at the time.) I trusted he would. Unfortunately, he took our family for a long and unhappy ride of lies. He never showed up or rather continuously hired people who wouldn't show up. I've gone for up to a whole week without hearing from him. Because we refused to pay him anymore money until some work had been done we agreed to pay for sheet rock and insulation (to be taken out of final pay. He finally hired someone to close my walls on March 18th, finished closing them 3/31 (gave him check that day), and never came back to work. As of May 1, he was officially fired and I hope no one ever has this experience! And I still need to hire a contractor to finish. Don't hire this person ever!