Even though its customers homes and businesses have been destroyed by devastating losses, Defendant overcharges them up to three to four times more than it pays for equipment rentals it uses to restore their property, the class action states. for the first tarp that leaked, and over $1400. For more information about reviews on ConsumerAffairs.com please visit our In February I had a flood happen at my personal residence and needed emergency remediation. My insurance broker recommended Belfor so I called them and had them start on my job. We had a massive water damage to our place Last year June 2019. Belfor has high-tech mobile-command centers with arrays of computers and dedicated satellite towers. The lawsuit, entitled . Second, a complete lack of professionalism with the team. I have no idea what they've been doing since September 27th. Generally, affirmative defenses are waived unless they are "(1) affirmatively pleaded, (2) asserted in a motion under CR 12(b), or (3) tried by the express or implied consent of the parties." Once again, thank you for being the friendly, respectful, professional, skilled, amazing company of people that you are! BELFOR (Contractor was Kevin M.) repaired almost our entire house while we moved out. It is not common industry practice to upcharge customers for rental equipment in this manner, the case asserts. The lawsuit alleged Belfor jointly employed the workers and unlawfully used a subcontractor system to avoid paying any overtime wages to workers on its massive reconstruction projects. DocketDescription: Order: Deeming Case Complex; Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline - signed/PML. 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. Rodriguez v. Belfor USA Group, Inc., et al. This case was filed in Queens County Courts, Queens County Civil Court located in Washington, New York. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. BELFOR cleanup and restoration teams across the country are responding to flooding and water damage problems caused by severe storms with excessive rainfall and heavy snowfall. Hisle v. Todd Pacific Shipyards Corp., 151 Wn.2d 853, 865, 93 P.3d 108 (2004). administrator or law firm. Id. at 906 (citing Restatement (Second) of Parties and Other Persons Affected by Judgments 51 (1982)). 2019-12-10, San Bernardino County Superior Courts | Small Claim | Per the case, demolishing the building next to the plaintiffs and stabilizing the neighboring buildings, including the plaintiffs, required the use of interior shoring equipment, which Belfor rented from an equipment contractor. Big or small, remodelers today produce customers for life. Read About More Class Action Lawsuits & Class Action Settlements: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. 279, 285, 93 P.3d 930 (2004). We couldnt be happier with the relationship., Director of North & South America ISS Facility Management - Hewlett Packard Enterprise, BELFOR delivered what they promised. Brief of Appellant at 17. The complaint alleges Belfor, upon information and belief, has significantly upcharged all of its customers for equipment rentals during the relevant time period. The parties filed a stipulated motion to amend deadlines, but the Court denied the motion on October 31, 2011, because the parties had failed to provide a record as to why an extension would have been necessary. Defendant, Belfor USA Group, Inc., appeals the trial court's judgment as to the amount of damages awarded to plaintiffs, Alan S. and Anna C.A. Roberts, et al. Semiconductor decontamination: Thank you, you have successfully subscribed to our newsletter! When we had a contractor come in they saw mold and we used a different company that dealt with the problem that now got worse because BELFOR did not do what they were supposed to or even check other areas for water damage. California law provides various protections and rights to employees in the state in the areas of wrongful termination, workplace harassment, and regarding wage issues like overtime, minimum wages, meal breaks, vacation pay, and other issues related to compensation. In my opinion they do not care about their customers and treat you terribly. Before commenting, please review our comment policy. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. Regardless if you have been paid by the insurance company, they want their money now! Both parties briefed and argued the elements of res judicata before the trial court. failing to provide written notice of material terms of employment. BELFOR Franchise Group. BELFOR cleanup and restoration teams across the country are responding to flooding and water damage problems caused by severe storms with excessive rainfall and heavy snowfall. Unsubscribe easily. We also maintain departments for Mass Actions and Appeals & Complex Motions. Get class action lawsuit news sent to your inbox sign up for ClassAction.orgs free weekly newsletterhere. In a class action filed Monday in the Eastern District of Michigan, Plaintiff Hatcher Investments takes aim at Belfor Property Restoration, a company it says has more than 100 full service offices in the United States. Hatcher Investments says it later discovered that Belfor rented the shoring equipment for $3,125 per month, but turned around and billed it for $9,500 per month for it. We have a strong market presence and brand recognition, an attribute that takes time to cultivate. Visit Website. Whatever the forum or venue, Capstone Law invests the time and resources necessary to vigorously prosecute its cases. Website. ANN ARBOR, Mich., July 13, 2021 /PRNewswire/ -- BELFOR Franchise Group (BFG), the world's largest residential and commercial services franchise . Not only that, but were also experts in disaster recovery, helping people and businesses recover from events that have the potential to disrupt our lives. The claims have a concurrence of subject matter. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. Belfor, the plaintiff claims, unreasonably profits by renting equipment for a certain price and then charging customers significantly more money than it paid to rent the exact same equipment before adding profit and overhead charges and separate labor costs. Description: Removal to Federal Court; Filed By: BELFOR USA GROUP, INC., BELFOR ENVIRONMENTAL, INC., OAKWOOD CONSTRUCTION AND RESTORATION SERVICES, INC., 1 800 WATER DAMAGE NORTH AMERICA, LLC,; Comment: Notice of Removal to Federal Court, Description: Notice: Related Cases; Filed By: BELFOR USA GROUP, INC., BELFOR ENVIRONMENTAL, INC., OAKWOOD CONSTRUCTION AND RESTORATION SERVICES, INC., 1 800 WATER DAMAGE NORTH AMERICA, LLC,; Comment: Notice of Related Case (BC688895). DocketDescription: Proof of Service: Summons DLR (Civil); Filed By: Richard Rodriguez,; Comment: Proof of Service of Summons/Complaint. Bernsen, 68 Wn.App. This company was ok However the receptionist at the Lindsay location is degrading rude and very difficult to deal with.. The Snohomish County Superior Court therefore would not be able to find a compensable injury in this case without finding that the Pinneys suffered additional loss, therefore impairing the judgment in the AFI lawsuit. The trial court found that the AFI lawsuit was res judicata to the Pinneys' claims against Belfor. I was harassed into working with this company only to receive gaslighting and empty assurances. Completely gross. at 434. Call 1-800-856-3333 For Help. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy. The firm also publishes the Impact Litigation Journal, a running commentary on important legal developments in the area of representative actions and other complex litigation. (303) 425-9700. Their specialized teams can make sure equipment and property is safely packed, moved and stored. This "new evidence" consists of lab results showing that the clothes contained chemical residue after cleaning, and testimony from Belfor and AFI that the "guarantee" was made only on behalf of Belfor. Although Defendant claims that its culture is built upon integrity, loyalty, and commitment it has a practice of overcharging its customers for the equipment rentals that it uses to restore their property, the claim states. Description: First Paper Filed - Fee; Filed By: BELFOR USA GROUP, INC., BELFOR ENVIRONMENTAL, INC., OAKWOOD CONSTRUCTION AND RESTORATION SERVICES, INC., 1 800 WATER DAMAGE NORTH AMERICA, LLC,; Comment: & Complex fees taken on Notice of Appearance. From water removal and mold prevention to debris cleanup, demolition and reconstruction, BELFOR teams are helping provide much needed services and help. That's when Yellen's in-laws left, but he stayed put. The final element of res judicata requires a determination of which parties in the second suit are bound by the judgment in the first suit. Corrado Rizzi is the Senior Managing Editor of ClassAction.org. The Pinneys claim the two lawsuits differ in subject matter because the AFI lawsuit was "based almost exclusively on the quasi-fiduciary relationship between an insurer and their insured." Belfor Property Restoration offers fire & water restoration services. 2:22-CV-02883 | 2022-08-25, Los Angeles County Superior Courts | Personal Injury | Plaintiffs settled the case with Belfor, who agreed to pay all unpaid overtime wages plus additional penalties, to certify the collective action and a one-year . 1112(b) Dismissing the Debtor's Case or, in the Alternative, Converting the Case to Chapter 7 is DENIED. I then received a bill for over $2600. The Pinneys claim that Belfor waived its right to raise res judicata as an affirmative defense under CR 8(c) because Belfor failed to plead it at the outset. Co. et al., Snohomish County Superior Court, No. 87 Wn.App. Save yourself the headache. Specialties: BELFOR is the largest Canadian disaster recovery and property restoration company for residential and commercial properties. . The ConsumerAffairs Research Team believes everyone deserves to make smart decisions. On September 16, 2011, the Pinneys' counsel indicated that they would like to depose a speaking agent of Belfor and asked if AFI's counsel minded if they contacted Belfor directly. OAKWOOD CONSTRUCTION AND RESTORATION SERVICES, INC. Superior Court of CA, County of Santa Clara, 3/29/2022 Proof of Service: Summons DLR (Civil), 2/25/2022 Complaint (Unlimited) (Fee Applies), DocketDescription: Removal to Federal Court; Filed By: BELFOR USA GROUP, INC., BELFOR ENVIRONMENTAL, INC., OAKWOOD CONSTRUCTION AND RESTORATION SERVICES, INC., 1 800 WATER DAMAGE NORTH AMERICA, LLC,; Comment: Notice of Removal to Federal Court, DocketDescription: Notice: Related Cases; Filed By: BELFOR USA GROUP, INC., BELFOR ENVIRONMENTAL, INC., OAKWOOD CONSTRUCTION AND RESTORATION SERVICES, INC., 1 800 WATER DAMAGE NORTH AMERICA, LLC,; Comment: Notice of Related Case (BC688895).