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Christian Brothers Heating & Air Conditioning, Inc., Issue No. 2

June 2003

The Contractors Critic
CHRISTIAN BROTHERS HEATING & AIR CONDITIONING, INC., AN ABC MEMBER

Reporting on Safety, Productivity, and Honesty in the Construction Industry.

The Litigious Christian Brothers

Christian Brothers’ bill collectors go after C.W. Roen and water district

Christian Brothers Heating and Air Conditioning, Inc. apparently enjoys hauling its customers before the bar of law. It is also quick to file claims of liens, judging from court records.

Christian Brothers’ most recently filed civil suit was lodged in Los Angeles County Superior Court against C.W. Roen and a water district June 25, 2002.

In the suit Christian Brothers alleged breach of written contract and sought to stop payment of a bond on public work for real property located in Torrance, Calif.

It alleged that Roen agreed to pay almost $96,000 for work and change orders for work it performed for the Water Replenishment District of Southern California, but then failed to pay $4,700 of that. Christian Brothers asked the court to order Roen to pay that amount, plus costs and attorney fees.

The suit was dismissed with prejudice Aug. 27, 2002 at Christian Brothers’ request.

Originally filed in Los Angeles County Municipal Court the suit’s preliminary allegations claimed that on or about Oct. 4, 2000 Christian Brothers and Roen entered a subcontract agreement that Christian Brothers would furnish labor, services, equipment and materials relating to heating, ventilation and air-conditioning for an improvement project.

The subcontract initially provided for approximately $57,000 worth of work, but subsequent change orders for an additional $38,000 of work boosted the final sum to just a few dollars shy of $96,000, public court documents indicated.

According to Christian Brothers, between April and October 2000 it fulfilled its part of the bargain, but Roen failed to pay $4,798.71 of the total bill.

With the C.W. Roen suit, as with the many others we find, Christian Brothers appears to be a litigious firm ready and eager to use the state and U.S. courts as its own personal bill collection agency. (Case #SB02001936)

 

LASER: Praised by Faint Damnation

"Damned by faint praise" is a timeless expression summarizing the tactic of praising someone so modestly as to cast doubt on both the sincerity and intent of the compliment. How LASER has had the good fortune of experiencing the reverse: it seems we’ve been "praised by faint damnation."

We point to a recently discovered opinion column by Jim Pease published way back on June 13, 2001 in the Wisconsin-based construction industry news organ, The Daily Reporter. (More later on this tardy discovery.)

Officials of the construction companies we report on sometimes criticize LASER. By and large, we ignore them. The occasional complaint is only to be expected, considering the natural antipathy between the watchdog and the watched. After all, the alert bulldog can generally rely on poor reviews from the foiled cat burglar.

If the criticism has merit — happily a rare occurrence – we respond. Otherwise, we ignore them.

However, in this case, because Mr. Pease’s article is so unintentionally complimentary to LASER’s goals and services, we think it deserves special mention.

In his article, Mr. Pease first lays out his premise: research organizations – also known as "think tanks" — compile data on specific issues, analyze the data, write reports and distribute them to concerned parties.

Mr. Pease, who is affiliated with construction industry management, concludes that some of these groups are "pro-union," because the final reports issued are not always flattering to non-union construction employers. He  calls these reports, "attacks."

You can tell by the title, "Are you ready for LASER?" he is particularly worried about us.

He correctly points out that the information we collect on companies includes:

• complaints, citations, charges and lawsuits involving the employer

• claims that prevailing wage obligations have not been met

• Fair Labor Standards Act, tax, licensing and safety violations

• criminal activities; names and addresses of current and former employees

• past and present clients

• a list of all hazardous or toxic materials used

• copies of all financial statements, profits and losses, liabilities and inventories of vehicles and equipment

• environmental permits issued to or applied for by the employer

• complaints of poor workmanship, delays, mistakes and overruns on job sites

• breakdowns of all minority employees versus non-minority employees by craft, man-hours, hourly wage, health benefits and pension benefits

• reports of fires, accidents and injuries

• bankruptcies of the employer or any of its owners or officers, and

• violations of immigration laws

"An example of one of these pro-union research organizations is already operating on the borders of Wisconsin and may soon be operating within the state. It’s called Labor and Safety Employer Research or LASER," Mr. Pease warns.

Mr. Pease’s implied argument seems to be that the mere act of broadcasting facts taken from the public record to the wider community so informed decisions can be made is somehow reprehensible.

Reprehensible, perhaps, in the same way a watchdog barking at a midnight prowler constitutes a public nuisance because we also wake the neighbors.

"Attacks by these research groups can be very insidious because a targeted employer may not know the attack is occurring," Mr. Pease alleges.

He goes on to claim that, "Organizations like LASER hide behind a shroud of secrecy."

Mr. Pease is not being entirely frank here. He knows that, in the interests and spirit of fairness, accuracy and full disclosure, LASER has a strict policy of providing notice well in advance of everything we expect to report about the employer. We give the parties ample time to respond and, if necessary, point out any errors that may have been made.

Mr. Pease reveals this later in his article when he advises his construction industry readers to make sure they "Carefully review LASER’s correspondence."

Those most interested in maintaining secrecy are clearly the employers with all those "complaints, citations, charges and lawsuits" hidden in their closets.

And here we’d like to point out the sweet irony of Mr. Pease’s accusation. We only learned about his article in May 2003, two years after it was first published in the construction industry newspaper.

Had he followed our policy of open disclosure in the interests of fairness and accuracy, we would have gotten a letter from him and a copy of his article several weeks before June 1, 2001. But that is water under the bridge.

Where we take the greatest pleasure in Mr. Pease’s left-handed compliments is in his final

As of publication, Christian Brothers has not made any suggestions or refuted any of the information in this publication.

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