New Design Properties, LLC

I am rejecting this response because: New Design Properties is alleging that because a complaint was submitted to the Minnesota Department of labor and Industry that this matter has been resolved and that he has been cleared of any wrongdoing This is an inaccurate statement or assumption by New Design Properties ("NDP") The DOLI concluded, in a two page final resolution letter to me on February 18, related to File # [redacted] that "[T]he Department's authority includes suspending or revoking the license of contractors who have been proven to have engaged in fraudulent activity such as forging lien waivers, been convicted of a violation of the state building code, and in some cases, failed to pay subcontractors or suppliers if they have been paid for the project The Department does not have the authority to interpret, modify, or cancel a contract or to force the contractor to pay monies....these types of disputes are not within the jurisdictional limitations of the Department and only a civil court has the authority to interpret and decide contractual disputes Based upon a review of the information obtained, the Department has determined that it does not have jurisdiction over these matters to allow it to initiate administrative disciplinary action against the license of NDP and will be closing the file The Department's determination to conclude the investigation is not meant to imply that you would or would not have a basis for private legal action regarding this matter."Therefore, the DOLI definitely did not say NDP was cleared of any wrongdoing, but only concluded they did not have jurisdiction over this type of matter The issues and poor performance of NDP as originally complained of in my letter both to the DOLI and to the Revdex.com are real experiences I as an consumer had with NDP I was forced to issue a termination letter to NDP because NDP has failed to respond or perform as NDP has promised NDP had made dozens of representations to us in an attempt to induce my wife and I to enter into a contract for construction with NDP on which we relied and trusted They stated dozens of times "we will exceed your expectations." Needless to say, now in the 25th month of construction when the letter of termination was issued to NDP, we are not impressed, have had nothing but poor experiences and concerns about the management, quality, use of funds, lack of communication, ignoring our concerns, and performance of NDP NDP has several obligations under the terms of the contract that were not adhered to--the most recent of which requires NDP to create an escrow account to be applied toward completion of the home To date NDP has not complied with key contractual obligations, such as providing proof of insurance, bond, sufficient capital, receipts to evidence claimed use of draw funds, provision of materials, provision of subcontractors, NDP failed to pay subcontractors timely resulting in liens, and most recently failed to respond to the requirement to establish and place funds into the escrow account The character and performance demonstrated by NDP is not a good reflection upon the construction industry.Please let me know if you would like further information or if you would like a copy of the DOLI letter I received that closed this file to wit the quotes above are sourced.Very truly, [redacted] ***

Here is a copy of the documentation related to the above complaint number.  This customer had recently filed a complaint with the Dept. of labor and industry for the same grievences.  I have included that documentation with my response related to the customers issues.  I also attached...

the letter from DOLI that states there is no evidence to show any wrongdoing and that they closed their file.

I am rejecting this response because:
New Design Properties is alleging that because a complaint was submitted to the Minnesota Department of labor and Industry that this matter has been resolved and that he has been cleared of any wrongdoing.  This is an inaccurate statement or assumption by New Design Properties ("NDP").  The DOLI concluded, in a two page final resolution letter to me on February 18, 2106 related to File #[redacted] that "[T]he Department's authority includes suspending or revoking the license of contractors who have been proven to have engaged in fraudulent activity such as forging lien waivers, been convicted of a violation of the state building code, and in some cases, failed to pay subcontractors or suppliers if they have been paid for the project.  The Department does not have the authority to interpret, modify, or cancel a contract or to force the contractor to pay monies....these types of disputes are not within the jurisdictional limitations of the Department and only a civil court has the authority to interpret and decide contractual disputes.  Based upon a review of the information obtained, the Department has determined that it does not have jurisdiction over these matters to allow it to initiate administrative disciplinary action against the license of NDP and will be closing the file.  The Department's determination to conclude the investigation is not meant to imply that you would or would not have a basis for private legal action regarding this matter."Therefore, the DOLI definitely did not say NDP was cleared of any wrongdoing, but only concluded they did not have jurisdiction over this type of matter.  The issues and poor performance of NDP as originally complained of in my letter both to the DOLI and to the Revdex.com are real experiences I as an consumer had with NDP.  I was forced to issue a termination letter to NDP because NDP has failed to respond or perform as NDP has promised.  NDP had made dozens of representations to us in an attempt to induce my wife and I to enter into a contract for construction with NDP on which we relied and trusted.  They stated dozens of times "we will exceed your expectations."  Needless to say, now in the 25th month of construction when the letter of termination was issued to NDP, we are not impressed, have had nothing but poor experiences and concerns about the management, quality, use of funds, lack of communication, ignoring our concerns, and performance of NDP.  NDP has several obligations under the terms of the contract that were not adhered to--the most recent of which requires NDP to create an escrow account to be applied toward completion of the home.  To date NDP has not complied with key contractual obligations, such as providing proof of insurance, bond, sufficient capital, receipts to evidence claimed use of draw funds, provision of materials, provision of subcontractors, NDP failed to pay subcontractors timely resulting in liens, and most recently failed to respond to the requirement to establish and place funds into the escrow account.  The character and performance demonstrated by NDP is not a good reflection upon the construction industry.Please let me know if you would like further information or if you would like a copy of the DOLI letter I received that closed this file to wit the quotes above are sourced.Very truly,[redacted]