This unscrupulous yet licensed electrical contractor filed a small claims lawsuit against me after I fired him from completing an electrical upgrade of my residence.
The bottom line was that he was suing me for work he didn't do, according to his estimate provided before the work began. I had given him $1,500 in advance on a $2,900 job.
He said the work would take 2 days.
There were a series of problems that occurred during the work, that ended with him being abusive and violent towards me.
I fired him and his employees on Day 4. Only half the work was complete at the time. That day, the City "Red Tag"'d my house.
A letter from his attorney said I owed Mr. Diaz $1,400 for the rest of the work promised in the estimate.
A month later, the contractor's attorney filed a lawsuit against me in county small claims court. His attorney's fees would double the amount owed. And, he and his attorney have successfully sued other homeowners in the county.
The catch: The estimate which became the "contract" was offered by "LARRY DIAZ ELECTRIC INC.".
After much research on this contractor, I found the corporation had expired in 1991, the workers compensation insurance had expired, the business did not have a county business license, the workers were likely paid cash (no insurance), and the contractor had been fined by the state and county boards for "lack of proof of insurance", and "un-permitted" and "un-licensed" work in the past.
I filed an 11-page counter-complaint, suing for property damages caused by Diaz Electric, including the "Red Tag" repairs.
My counter-complaint accompanied a "Motion to Dismiss" based upon state corporate records indicating the coporation that offered the contract was dissolved and inactive.
The judge ruled TWICE that the dissolved corporation could not sue me. He also ruled that Larry Diaz, as an individual, had no standing to sue me either, as he always represented himself to me as the incorporated, licensed electrical business. I did not hire Mr. Diaz to do the work, I hired his business.
Hidden by this dimissal on a technicality is the ugliness and evil that lurks in the details. Mr. Diaz installed aluminum wire without disclosing his intention to do so to me at any time, and I suspect other corners were cut as well in the work that his men did complete.inspite of this, his estimate for the work was $500 more than a more-reputable competitor who promised "all copper wire".
I hired Diaz Electric because they could start "tomorrow", but I am sure now the estimate was over quoted beyond the requirements of the Electric Code; such as upgrading stove and dryer to 4-wire circuits, etc.
When challenged, came the shouting and threats from Mr. Diaz. First, to remove everything and leave us without electricity (an illegal act in Florida). Then, to file a lien and sue for lost working hours at $100/hour, and I'd have to pay for his attorney too. (I didn't know it at the time, but only I had signed his estimate - he did not have my wife's signature and she jointly hold our deed.)
Then finally a series of threats from Mr. Diaz on the phone - threats that can only be defined as attempted extortion.
During the lawsuit, I filed consumer complaints.
Ignoring his permit history of complaints and incomplete work, the City "permit investigators" decided to fine Mr. Diaz $150 for "false advertising" for using the dissolved corporation's name. They refused to forward my complaint to the county board that licenses Mr. Diaz.
The county refused to accept my complaint directly from me because I live in the City.
The state of Florida referred my complaint to the county board that licenses Mr. Diaz, who returned it to them saying I live in the City. Mr. Diaz still has his license, even though it reads "d/b/a Larry Diaz Electric Inc." - the defunct corporation.
My county commissioner seems uninterested in the fact that the county issued permits to Mr. Diaz even though he did not have a county business license for the past several years.
Mr. Diaz now has a 2004 county business license that cost less than $20 if you lie and say you have no employees. They did not charge him for any of the past years he was in business without a license.
Mr. Diaz has now incorporated his business again by filing new Articles of Incorporation dated March and using the same corporate name. He did not re-activate the old corporation - that would have required payment of annual fees for the past 13 years.
This became a key issue to the Judge's ruling in my favor a second time during a second hearing called by the attorney for Mr. Diaz; that no corporation existed during the time Diaz Electric contracted to work on my home.
In the end, this licensed electrical contractor is still in business in the Tampa Bay area; allowed to prey upon unsuspecting homeowners who expect a licensed contractor to represent a reputable, responsible and professional service.
And you thought your government was there to protect you?
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