|
| |
| Violations |
| Inspection # |
Location |
Violation |
Fines |
| 305326472 |
Canton, OH |
4 Serious |
$ 6,600 |
| 304487739 |
North Olmstead, OH |
5 Serious, 1 Willful |
$63,800 |
| 303484026 |
Medina, OH |
6 Serious |
$ 5,175 |
| 301910170 |
Cuyahoga Falls, OH |
3 Serious |
$ 2,700 |
| 300108610 |
Medina, OH |
3 Serious |
$ 2,550 |
| 103012431 |
Mayfield Heights, OH |
1 Serious |
$ 675 |
| 121935712 |
Bedford, OH |
2 Serious, 1 Repeat |
$ 5,400 |
|
Total Violations: 26
Percentage of Serious Violations:
92%
Total Initial Fines:
$86,900!
The above violations and fines are initial amounts
accessed by OSHA. Violations and Fines may have been bargained down at a
later date.
|
| LITIGATION &
LIENS |
| MOSER
CONSTRUCTION COMPANY SUES AND FILES LIENS AGAINST ITS OWN CUSTOMERS
When there are problems on a construction job, a customer and the
contractor, even in an imperfect world, can usually work it out. However,
some contractors would rather call their lawyer and plunge everyone into a
mire of litigation, rather than compromise on a situation. In at least some
instances Moser Construction, has preferred to file a mechanic’s lien and
drag its own customers into court. Here are some examples:
The following lawsuits are a sample of Moser Construction Company’s
various legal problems.
 MOSER
CONSTRUCTION COMPANY, INC. V LOWE’S HOME CENTERS, INC., ET AL.
|
HOW DO YOU CHECK ON A CONTRACTOR’S QUALIFICATIONS?
Checking on a contractor’s qualifications is a tricky
problem for any construction customer. First of all, you can ask some
tough questions and then check to see if the contractor told the truth.
Some questions that may cause problems for contractors like Moser
Construction Company:
Have any officers of the company been convicted of a
felony? (See article about Terry Moser’s
dark past, this issue.)
Has the contactor ever failed to finish a project?
(Moser Construction Company has failed to finish a project for R & M
Electric. Case #CV-99-07-2813)
Has the contractor ever sued or filed a lien against a
customer? (Moser Construction Company has
sued several clients and filed many liens.) |
Lowe’s Home Centers is rapidly becoming one of the nation’s largest
suppliers of home improvement supplies. But when Moser Construction Company
was hired as a subcontractor
for the construction of a Lowe’s store in Stow, Ohio,
Lowe’s ended up bogged down in litigation and with a lien encumbering their
property. Even though Moser Construction Company’s dispute was with the
general contractor, Lowe’s was dragged into the mire.
Konover Construction Corporation was the general
contractor for the Lowe’s job and they subcontracted with Moser Construction
Company to supply the concrete and masonry work for the project. According
to Moser Construction Company, they supplied all the work and materials and
Konover Construction paid them $53,688. However, Moser Construction Company
insisted they were still owed another $65,172.
In response, Moser Construction Company filed a lien
against Lowe’s property, because of the $65,000 dispute with Konover.
However, Moser Construction Company’s lien was not for $65,000, it was for
$118,860, almost twice what Moser Construction Company claimed they were
owed. (Case #CV2000-06-2504)
MOSER
CONSTRUCTION COMPANY V HAL JONES CONSTRUCTION COMPANY
Hal Jones Construction Company was a general contractor, who had jobs at
the Madison Pool Project and the Lodi Post Office Project. According to
Moser Construction Company, they performed certain work at those locations,
but were not paid the $14,617 that Hal Jones Construction Company owed to
them. Moser Construction sued, but dismissed the case just five weeks later.
The Critic’s experience is that there are always two
sides to these payment disputes and these situations are often not as simple
as money owed for a job done. The Critic also wonders why Moser dragged a
fellow contractor into court, only to dismiss the case a month later? (Case
#92-CV-1918)
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