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• 27. On June 9, 2014,the respondent sent a text message to the complainant,Jeffrey Williams,stating that he would be onsite at 9:00 am. Instead,the respondent arrived two hours later. 28. The complainant,Jeff Williams,wrote the respondent's stated plan to correct the problems. According to the resulting document,workers were to be present beginning June 10,2014,and the problem resolved by June 12, 2014.In addition,the pool was to be completed by June 23, -.--- . ..--- ,- 2014..The respondent signed the document,---- _-- _.-- __-- — — -- -- - - — — — 29. On June 10,2014,a plumber arrived and inquired inta the location of the plumbing parts.The complainant,Jeff Williams, explained the agreement reached with the respondent,which was that the wall installation would be corrected before any new work was undertaken.A disagreement ensued,which prompted the complainant to advise-the plumber to speak directly with the respondent. 30. As the plumber told him that the respondent intended to undertake plumbing and the corrective . measures at the same time,the complainant immediately contacted the respondent after her departure.The complainant reiterated that the walls needed to be fixed before plumbing could commence. 31. At no time did the complainant and respondent discuss the possibility of undertaking plumbing work simultaneously with the remedial work. 32. Although the respondent told the complainant that he was on his way to the pool site,he never arrived that day. ! 33. Instead,within an hour of the plumber's departure,a police officer from the Town of Sandwich came to the complainants'home and told the complainant,Jeffrey Williams,that the respondent and plumber filed a harassment complaint against him. 34. The respondent had also emailed the local building inspector on June 10,2014.In the email,the respondent stated that he is no longer working on the complainants' project and asked for the removal of his name and HIC registration number from the building permit The respondent cited an irretrievable breakdown in communication as the reason for withdrawal. 35. On June 11,2014,the complainant,-,JeffreyWilliams;was served with a no trespass order pertaining to the location of the respondent's pool store. 36: The complainants subsequently pursued a partial refund from the respondent The complainants have not yet received a direct response to their voice messages or certified letter of June 14,2014. 37. The complainants paid at least$16,600.00 toward the contract price and project completion. 38. The complainants hired another contractor to complete the pool installation. Discussion The respondent did not attend the hearing. The complainants attended the hearing as non-party witnesses • only.See 201 C.M.R. 18.03 (11). OCABR has subject matter jurisdiction over this complaint because OCABR has the authority to regulate any person that performs residential contracting services. M.G.L.c. 142A, §§ 1, 17. Residential Page 4 of 7