Elite Home Services of Minnesota, Inc.
19 years in business217 Old Highway 8 SW
New Brighton, MN 55112-7743
- (651) 631-2012
- (952) 942-0502
Additional Phone Numbers
- (952) 942-0500
- (763) 712-1530
Additional Email Addresses
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Type of EntityCorporation
- Allen Vasquez, CEO
- Allen Spitzer, COO
- Principal: Allen Vasquez, CEO
- Construction & Remodeling Services
- Basement - Contractors
- Gutters & Downspouts
- Home Improvements
- Roofing Contractors
- Siding Contractors
- Basement - Remodeling
- Bathroom Remodeling
- Windows - Repairing
- The following describes an enforcement action taken by the Minnesota Department of Labor and Industry. For further information you can contact them directly. "The Commissioner of the Minnesota Department of Labor and Industry ("Commissioner") issue...
The following describes an enforcement action taken by the Minnesota Department of Labor and Industry. For further information you can contact them directly.
"The Commissioner of the Minnesota Department of Labor and Industry ("Commissioner") issues this order against Elite Home Services of Minnesota, Inc., d/b/a Elite Home Services, Inc., f/k/a Wolverine Windows, Inc. ("Respondent").
Pursuant to Minn. Stat. 326B.082, subds. 12 and 13 (2014), to protect property and to prevent the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the public, Respondent's residential building contractor license, No. BC57248I, is hereby summarily suspended.
II. FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Commissioner takes the above action based upon the following ndings of fact and conclusions of law:
1. On June 18, 2015, pursuant to Minn. Stat. Â§326B.082, subds. 11 and 12, the Commissioner issued Respondent a Licensing Order.
2. In the Licensing Order, the Commissioner revoked Respondent's residential building contractor license, No. BC57248l. The factual and legal grounds for the revocation were described in the Licensing Order and are incorporated herein by reference. That Licensing Order was based on allegations that Respondent committed misconduct on at least 23 price-agreeable contracts with homeowners involving storm damage insurance claims. The majority of the allegations relate to Respondent's inability to reach an agreeable settlement with the involved insurance company, yet refusing to perform work, terminate the homeowner's contract, or provide a refund.
3. Respondent submitted a timely request to contest the Licensing Order and the matter is set for a three week hearing at the Ofce of Administrative Hearings in February 2016 (OAH Docket No. ll-1902-32696).
4. After receiving numerous complaints from Respondents customers, subcontractors, and material suppliers subsequent to the issuance of the Licensing Order, the Minnesota Department of Labor and Industry ("Department") conducted an investigation and determined that the summary suspension of the Respondent's license is needed to protect property and to prevent the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the public.
5. The Department has received information that indicates that Respondent has received down payments from approximately 50 customers in the past two years and Respondent has failed to perform any of the contracted work or refund the customers' down payments. On information and belief, the total amount of these down payments exceeds $500,000.
6. The Department has also been informed by one of Respondent's customers that Respondent's owner, Allen Vasquez, is notifying the public that Respondent has lost 90% of its staff and has a $350,000 nancial decit. This is signicant because it is unlawful for contractors to divert proceeds of payments received from its customers from the purpose for which the funds were intended. Minn. R. 2891 .0050, subp. 1C.
7. The Department also learned that Respondent has abandoned its ofces at 217 Old Highway 8 SW in New Brighton, the address Respondent has provided to the Department as its business address.
8. One homeowner who contacted the Department ("Homeowner X") entered into a contract with Respondent in September 2013 to replace siding and windows that were damaged in a storm. Respondent and Homeowner X agreed in June 2015 that the total contract price for the repairs work would be $52,383.80, and the windows would be manufactured by Scherer Bros. Lumber Co. ("SBLC"). To date, Homeowner X has paid Respondent a total of $12,272.19, but no repair work has been performed.
9. Moreover, in April 2015, Respondent contacted SBLC to obtain a bid for the cost of the windows for Homeowner X's home. In July 2015, a representative of Respondent told Homeowner X that the windows had been ordered from SBLC, but a Department investigator confirmed with SBLC on October 5, 2015 that Respondent has not submitted an order for the windows.
10. In addition, one of Respondent's subcontractors, AM Painting of Princeton, Inc. ("AMP") reports that it began providing services to Respondent in April 2015 under an agreement by which Respondent would pay AMP for its services within 30 days of Respondent's receipt of AMP's invoices.
11. Respondent has failed to pay AMP a total of $39,676.75 for invoices that are more than 30 days old, and another $9,713.60 for invoices submitted since September 15, 2015.
12. Another of Respondent's subcontractors, DMC Enterprises, LLC ("DMC"), complained to the Department that it has performed window installations for Respondent on six separate homeowner projects and is owed approximately $25,000.
13. On October 5, 2015, the Department served a subpoena duce tecum upon Respondent's attorney. The subpoena required the production of information regarding all of Respondent's open contracts as well as its current physical business location.
14. In response to the subpoena, Respondent requested a meeting with the Department. During the resulting meeting, held October 8, Respondent's principal, Allen Vazquez, promised to provide the Department with responsive information by the end of the day on October 12. As of the date of this Order, Respondent has failed to provide any of the requested information.
15. Respondent is in a hazardous nancial condition, has diverted homeowners' down payments, failed to pay subcontractors, and otherwise demonstrated untrustworthiness or nancial irresponsibility. Minn. Stat. Â§Â§ 326B.082, subd. ll(a)(9), 326B.84(15).
III. REQUEST FOR HEARING
Respondent shall have 30 days from the date this order is issued to request a hearing to contest the summary suspension of its license. If Respondent requests a hearing to contest the summary suspension of its license, the hearing on the continuation of the summary suspension must be held within ten days after the Commissioner receives the request for hearing, unless the Respondent and the Commissioner agree to a later date. The contested case procedures are set out in chapter 14 of the Minnesota Statutes, and the Rules of the Ofce of Administrative Hearings, Mimi. Rules 14005010 to 14008400 (2013), and Minn. Stat. Â§ 326B.082, subd. 13 (2014). These materials may be purchased from the Minnesota Book Store, telephone (651) 297- 3000, and are also available at WWW.revisor.leg.state.mn.us.
IV. EXPIRATION OF ORDER
This Order for Summary Suspension shall be automatically vacated on the earlier of: (1) the date that the Licensing Order becomes nal; or (2) the date that the Licensing Order is vacated. "
Alternate Business Names
- Elite Home Services, LLC
Licensing, Bonding or RegistrationThis business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.
"In the Matter of Elite Home Services of Minnesota, Inc., d/b/a Elite Home Services, Inc., f/k/a Wolverine Windows, Inc., and Allen Vasquez, individually.
Commissioner of Labor and Industry Ken B. Peterson ("Commissioner") has determined as follows:
1. The Commissioner commenced formal action against Elite Home Services of Minnesota, Inc., d/b/a Elite Home Services, Inc., f/k/a Wolverine Windows, Inc. ("Respondent") pursuant to Minn. Stat. 326B.082 and 326B.84 (2014). The Commissioner alleged as follows:
A. Respondent and its principal, Allen Vasquez, engaged in numerous instances of fraudulent, deceptive or dishonest practices in violation of Minn, Stat. 326B,082, subd. 11(b)(1), (8), and 326B.84(2) (2014), and Minn. R. 2891.0040, subps, 1C, 1D, and 1H (2013);
B. Respondent failed to reasonably supervise employees, agents, subcontractors, or sales persons, or has performed in breach of contract, so as to cause injury or harm to the public in violation of Minn. Stat, 326B.082, subd. 11(b)(1), and 326B.84(4) (2014);
C. Respondent and Vasquez engaged in numerous acts and practices that demonstrate incompetence, untrustworthiness, or financial irresponsibility, or that they are otherwise unqualified to act under a license issued by the Commissioner in violation of Minn. Stat. 326B.082, subd. 11(b)(1), (9), and 326B.84(15) (2014), and Minn. R. 2891.0050, subp. 1C (2013);
D. Respondent and Vasquez failed to comply with the provisions of the February 26, 2013 Consent Order in violation of Minn. Stat. 326B.082, subd. 1(b)(1), (5), and 326B.84(5) (2014);
E. Respondent failed to notify the Commissioner, in writing, within 15 days of becoming a judgment debtor in violation of Minn. Stat. 326B.082, subd. 1(b)(1), 326B.805, subd. 5(c), and 326B.84(5) (2014);
F. Respondent failed to reduce all contracts or charge orders to writing in violation of Minn. Stat. 326B.082, subd. 1(b)(1), 326B.809, and 326B.84(5) (2014); and,
G. Respondent provided a response to the Department that was false, misleading or incomplete in violation of Minn. Stat. 326B,082, subd. 11(b)(2), and 326B.84(14) (2014).
2. Respondent and Vasquez acknowledge that they have been advised of their right to a hearing in this matter, to present argument to the Commissioner and to appeal from any adverse determination after a hearing. Respondent and Vasquez hereby expressly waive those rights. Respondent and Vasquez further acknowledge that they were advised of their right to be represented by legal counsel, and that they were represented by Mike Hatch, Esq.
3. Respondent and Vasquez neither admit nor deny the Commissioner's allegations, but have agreed to an informal disposition of this matter without a hearing as provided under Minn, Stat, $ 14.59 (2014) and Minn. R. 1400.5900 (2013).
4. The following Order is in the public interest.
NOW, THEREFORE, IT IS ORDERED, pursuant to Minn. Stat. 326B,082 (2014), as follows:
A. The Licensing Order issued to Respondent on June 18, 2015, is hereby VACATED.
B. Respondent's residential building contractor license, No. BC572481, is REVOKED,
C. Respondent and Vasquez shall CEASE AND DESIST from acting or holding themselves out as residential building contractors, residential remodelers, or residential roofers in the State of Minnesota.
D. Respondent shall cooperate with its customers, their insurance companies, and the Department, to cancel contracts, provide refunds to customers and, where appropriate, confess to civil judgments to allow its customers to make claims to the Contractor Recovery Fund.
E. Respondent SHALL PAY a $51,000 monetary penalty; however, the $51,000 monetary penalty is STAYED so long as Respondent complies with this Consent Order and commits no further violations of any law, rule, or order related to the duties and responsibilities entrusted to the Commissioner. If Respondent fails to comply with this Consent Order or violates any law, rule, or order related to the duties and responsibilities entrusted to the Commissioner, the stay shall be lifted and the $51,000 monetary penalty shall become due and payable, in addition to any other penalty or sanction the Commissioner imposes for said violation(s). Respondent may only challenge the reason for lifting the stay and not the appropriateness of the stayed monetary penalty.
F. Vasquez may work as an employee of a licensed residential building contractor, residential remodeler, or residential roofer; however, Vasquez agrees that he may not be a qualifying person, owner, officer, member, shareholder or managing employee for any licensed residential building contractor, residential remodeler, or residential roofer for a minimum of two years from the date of this Consent Order. After two years, the Commissioner reserves the right to seek the denial of any license application from Vasquez, or any business entity for which he is an owner, officer, member, shareholder, managing employee, or proposed qualifying person, in accordance with the applicable law."
According to information supplied by the company, Elite Home Services of MN offers Windows, Roofing, Siding, Gutters, Kitchen, Bath, Additions, New Construction, Insurance Restoration, Residential and Commercial.
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