Business ProfileforAction Air Conditioning & Heating

Dear Better Business Bureau,This letter serves to report to you that an ********* **************** Contractor by the name of Action Air Conditioning & Heating - **************************************** License Number ****** failed to perform his duties set forth by the California ******************** I, ***************************** and ************************* would like to report this contractor. We submitted a claim to his bond, Western Surety to request our deposit in the amount of $8,700.00 on Tuesday, January 17, 2023. Our home residence was affected by a storm that occurred on October 15, 2022. Our roof and kitchen ceiling suffered a loss. We filed a claim with our home insurance and our home insurance approved the claim and issued a check in the amount of $13,820.08. **************************************** indicated that he had a *********** license and that his company could fix the damages caused by the storm. On November 15, 2022, **************************************** delivered the bid for our review and approval. Upon approval and execution by both parties, **************************************** requested a deposit in the amount of $8,700.00 to start the scope of work. We paid him in cash, he counted it and he noted the payment on the bid. We were forced to terminate our agreement with this contractor as he caused damage during our during the scope of work. Due to his deceptive business practice and failure to perform we were forced to terminate the agreement on Tuesday, January 3, 2023 due to, including, but not limited, to the following:Deceptive Business Practice Punitive Damages Negligence Misleading us by indicate that he was licensed with a *********** license.Failing to Perform Work Up *************** and Workmanship Expected of a Contractor in ********** Failing to ******************** in Protecting Our Home From Further Damage During The Construction Performing in Bad Faith ******* our home and children in danger Requesting more than 10% and or $1,000.00 to start the scope of work.We had the opportunity to review the document set forth by the California ******************* titled, Terms of Agreement, A Consumer Guide to Home Improvement Contracts (hereinafter referenced as **** Terms).Page 6 of the **** Terms state that If the contract calls for a down payment before work starts, the down payment cannot be more than $1,000 or 10 percent of the contract price, whichever is less, for a home improvement job or swimming pool, excluding finance charges. There are no exceptions for special order materials.Action Air owner, ****************************************, failed to install the roof in our home after his staff performed the demolition. He left us without a roof for ten days and due to his negligence. The kitchen drywall was repaired, however, due to his negligence, the kitchen ceiling drywall suffered another loss in addition to our home electrical system, causing a power outage and leaving us with limited power for nineteen days (counting today). The only scope of work that he completed was the fascia for the exterior of our home.We sent him a termination letter via email and **** certified mail on 1/3/2023.******** acknowledged receipt of the termination letter and via text message he agreed to provide us with a refund in the amount of $5,200.00.On 1/12/2022, we received a letter from ******** stating that he would not refund us. We have attached all supporting documents for your review.Thank you.************************* and *****************************