Interstate Roofing, Inc. Interstateroof.com Scott Riopelle, Brett Wilson, Melanie Altamirano, Brian Bailey, Tim Serantoni, Suspected insurance company collusion, Theft of services, lying re: warranty coverage, false accusations to steal business Rapid City South Dakota

Common story throughout the US.  Consumer Red Flag--if Interstate Roofing and Scott Riopelle don't pay subs, subs can lein customer property.

i concur. They ripped me off. I have seen them do this to several employees. The whole time I worked for them I was in poverty going to food banks and living off promisees of getting paid. 

 Due to a miscommunication and misunderstandings between offices, a dispute arose between the parties.  After engaging in significant communications regarding the dispute, the parties were able to resolve the misunderstanding.  Interstate Roofing, Scott Riopelle and their employees are fair and reputable, and have a long history of being a proven and reliable company.

I withdraw my complaint against Interstate Roofing and Scott Riopelle.

Craig Wall, for RoofingInColorado.com

As the 2014 storm season warms up, Interstate Roofing has been encouraging salespeople to return to Rapid City SD, Omaha NE, and Minneapolis, MN to continue the practice of door to door canvassing and sales of last year’s storm damage.  The problems arise when Interstate (or certain other prime contractors) do not pay their subcontractors.  This behavior opens up a hornet’s nest of all kinds of hassles for the property owner.  To make matters even worse, here is a large volume company that is unresponsive to the impact their behavior places on their customers, and only responds if forced to. 

 Riopelle has been doing the ‘settlement game’ with salesmen for years.  The first time I was made aware of the game was during the Lakewood storm in 2009.  Riopelle had over a hundred salespeople working that storm, and it was absolute chaos for the subs and the customers (still is, and blaming his leaks on everyone but himself, forcing the jobs to be done fast as possible).  Riopelle had a experienced door knocking Texas roofer (these guys pop storm to storm, not completing their builds and leaving a trail of dissatisfaction) that took off after signing up a number of jobs.  Riopelle told me at the time he was flying down to Texas to ‘settle’ out his book of jobs (take over and finish them, then collect them) for pennies on the dollar.

I was like, “Ok, you must care about your customers and good name and want to take care of business right,” but no, this continued to happen, again and again,  until it has become an additional income stream, incited often without cause at the expense of families and hard working individuals. 

This does nothing for good customer service, but Riopelle has proven that is not his priority.  Seems like over the years Riopelle has perfected the ‘settlement game,’ and applies it whenever he thinks he can make extra profit at the expense of the subcontractor.  He has done this over and over to roofing crews, sales people, managers, subs and employees, and anyone else that does not do exactly what he wants, employee or otherwise.  He figures that it costs too much time and effort to fight his chiseling, so most victims are left helpless and have to walk away. He’s right in most cases, but not all.

The primary legal method of collecting subcontractor payment from a crooked General Contractor like Interstate Roofing is by filing Mechanics Liens on homeowners that have already paid their bill.  Most do not understand the process, and really should not have to be treated in this fashion; it’s not right, despite being ‘legal.’  And rip off contractors like Interstate Roofing and Riopelle know this but do not care—they know that very few subcontractors know how, or can afford, to file liens, and they simply don’t respond or care about the unlucky homeowners that get caught up in the mess. A number of my customers in Rapid City SD and Denver got preliminary lien notices; Interstate Roofing was served at the same time and did not even contact the affected clients to reassure them.  In fact, they ‘overbilled’ a couple customers that dared to complain to the Better Business Bureau!

What does one do when a General Contractor wants to make as much money as fast as possible at everyone else’s expense, then sell out and leave the customer base hanging?

BEWARE SALESPEOPLE, BOTH NEWBIES AND EXPERIENCED:  Don’t think that you will be treated fairly or get paid accurately without a fight from Riopelle, or from any of the people there that have the opportunity to steal from you—there is no ‘promotion from within.’.   

The favorite management trick is to violate their own Contractor Agreement and get salesmen  starving and dependent on ‘draws,” where then it takes forever to get capped and paid, unless you agree to all kinds of add on costs and fees, which significantly reduce your commission.  Riopelle has figured out subtle ways to squeeze as much as 15% off the top of  salesman’s commissions in chargebacks and illegal deductions.

CUSTOMERS, BOTH PAST AND POTENTIAL:  Be sure to get as much supporting documentation as possible when paying off and settling out, especially cash sales; protect yourself with documentation and write down the names of people you talk to (high turnover).  Be aware if your sales rep all of a sudden is hard to reach, or you have been told they left the company—this is a Mechanics Lien Red Flag! 

Don’t forget that chances are that guy knocking on the door has NO insurance coverage, and in the case of Interstate, quite often a criminal background.   (Most roofing companies EXCLUDE sales contractors from ANY insurance coverage).

Please note that until we can make enough back to hire top attorneys, and without filing liens on innocent homeowners, our collections options are limited.  One thing that we have done is fall back on the Constitution and picket my opinions.  Please see the attached photo, taken at the Denver Garden and Home Show, the biggest home show in Colorado.  We were able to warn hundreds of homeowners about the pitfalls of working with the likes of people like Riopelle, Wilson, Bailey, and Altimirano.  We have also picketed the Denver Home Show, and the latest meeting of the Colorado Roofing Association.  More venues are planned.  This activity will continue until motions are filed in Denver District Court.

Slander is slander only if the information is untrue.  Where are the injunctions Damian Stone promised?

Here is the first response by Interstate Roofing's attorney to the Contractor Complaint lodged with the Better Business Bureau of Denver.

Yes, the BBB now processes complaints by subcontractors; we were referred by Colorado AG Suther's office.  Apparently the BBB and the AG have an agreement that empowers the BBB to assist the CO AG with ALL complaints that affect consumers.  NOT PAYING subcontractors directly affects consumers through the actions of the GC can and has led to Subs having to file Liens against customers that have paid in full, through no fault of their own.

This is the first response to a sub complaint to the BBB against Interstate.  Note the patronizing tone the attorney takes, then note the not so veiled threats delivered through the response.  Looks like extortion to us. . .  [our comments in brackets]

From: D**** S*** (mailto:ds@d*******law.com)
Sent: Saturday, December 28, 2013 3:45 PM
To: 'B*** W****'  [Interstate Roofing Dir of Ops]
Subject: RESPONSE RE: C**** W*** Customer complaint

Give me a call after you review.
[the following incident is a complete fabrication of what actually occurred--our internet lead, our client, roofing services only performed by Interstate; client called local office 3 times and was ignored every time, which is why he called the sub; the sub recommended a complaint to the BBB, which is what they are addressing here. Sub discussed Interstate not paying for the job done and paid for 3 months previously; sub explained the risk Interstate was putting on the customer by not paying for work performed, the lien.  Mr. G**** is not upset at the sub, he is upset with Interstate]

Give me a call after you review.

This is the first time any issue with a ridge cap was brought to the attention of Interstate [lie]. Interstate has spoken with Mr. G**** and will address any repairs. Mr. G**** has expressed his satisfaction with Interstate's response [lie]. Mr. G**** does not have a balance due. [Balance due to sub]
Interstate Roofing, Inc. [sub's lead and paperwork and adjuster services] contracted with Mr. A* G*  for a roofing project. Interstate Roofing, Inc. did not file a lien against Mr. G****'s property and has not threatened to file a lien against his property. Instead, a rogue independent contractor named C**** W*** has threatened Mr. G***** [there was never a threat, just a nice conversation with Mr. G****. It's the law when a crooked contractor doesn't pay for work performed][the term 'rogue' would indicate non affiliation with Interstate--see below]

Mr. C**** W*** was hired by Interstate Roofing, Inc. as an Independent Contractor to sell roofs on behalf of Interstate. (See attached Independent Contractor Agreement for Mr. W***.)

Interstate, however, has terminated its business relationship with Mr. W**** because Mr. W*** engaged in abusive tactics against Interstate's customers. [Lie, no abusive, only legal tactics on file anywhere]
At the time of Mr. W***'s termination ["terminated" when they had to pay final commissions], Mr. W** owed Interstate over $9,000 in loans.[Lie--Interstate gave draws on sales--loans for closed paid contracts? Interstate owes sub $13,600 not including $11,500 already paid in draws]
 Mr. W*** has sought to extort additional money from Interstate by threatening to file meritless liens against customers and threatening to file false claims with organizations such as the BBB, among others. Interstate has refused to buckle to Mr. W***'s extortionist tactics. [Lie--Liens are very serious, expensive court action with severe penalties for abuse--in subs' case completely legal and only option.  See comments below for the definition of 'Extortion']

Mr. C*** W*** has no legal basis for filing or threatening to file a lien.[Lie--collections option for 'innocent subcontractors in most states] In fact, Mr. C*** W*** may be violating the law with these tactics and Interstate is evaluating what governmental entity Mr. W*** should be reported to for investigation in conjunction with these abusive and deceptive trade practices and illegal activities, including reporting Mr. W**** to the licensing agency that regulates Mr.***s' licenses.

Regards,

[What do insurance adjusting licenses have to do with collecting a sales commission debt? Interstate can evaluate all they like--all they will find is a clean criminal background, ethical standards, concern for clients, and complete adherence to legal standards.]

The BBB did not accept this response from Interstate and removed it from their records; you can find the second and final response submitted by Interstate Roofing in other listings in Ripoff Reports, Pissed Consumer and other online public forums.

RECEIVED December 31, 2013

'The Law Office of Damian S***
A Professional Corporation

Dear Mr. W**:

1. As you know, pursuant to the Independent contractor Agreement ("Agreement")' Interstate has terminated the Agreement us a result of reckless and willfull misconduct in relation to the handling of the M(Mom) Project'

2. To make a clean break of the business relationship, Interstate made a settlement offer to you that was based the  estimated compretion costs of the outstanding proiects. Since you have rejected this settlement offer, Interstate will issue the commissions as the projects are capped out.

3. Currently, however, you owe Interstate Roofing, Inc. $11,368.60 in draws and $96.86 in charge backs. Consequently, as each project finishes, Interstate will commission the job and subtract the commission from the outstanding amount owed to Interstate.

4. Interstate will send you reports as the projects close that will show the project's commission and your remaining balance due to Interstate. You will begin to receive commission checks once you have a positive balance.

5. Going forward, Interstate does not authorize you to contact Interstate's customers with regard to the projects. Instead, Interstate will handle finishing the projects with no penalty to you. Pursuant to Paragraph 8 of the Agreement, "upon termination of the Agreement'[you must] cease using the Confidential Materlal and Information and Interstate's name or other service marks of Interstate in any of contractor's activities." [Attorney's misspelling, grammar]

6. Interstate has obtained evidence that you have substituted your phone number with Interstate's advertising material and continue to contact Interstate's customers. This is a violation of the Agreement. Interstate requests that you cease this conduct. Moreover, pursuant to Paragraph 13 of tre Agreement, all contracts signed during your afflliation with Interstate are the exclusive property of Interstate.

7. In addition, Paragraph 13 requires that you return all documents and materials related to the projects and Interstate's client. Thus, Interstate requests that you tumover all documents and material related to all pending projects. Pursuant to the Agreement, a $10,000 liquidated damage award will apply for each violation of the Confidentiality and Customer Records Provisions.

8. Interstate wanted to remind you that as an independent contractor salesperson, you have no legal right to threaten, or file, a mechanic's lien against a property. Thus, if you were to engage in this type of activity, you would be engaging in illegal conduct and the improper filing of spurious lien documents. This would expose you to significant additional liability.

9. If you continue to harass Interstate, harass Interstate's clients, and file meritless complaints and reviews, Interstate will pursue its rights against you. Under the Agreement, all litigation will take place in Denver, Colorado under the laws of Colorado.

10. Interstate will move forward as outlined above and will not respond further to you other than to discuss the finances of projects as they closeout. It is the best interests of each party to separate, move forward, finish the projects, commission the projects and then move on to other things. Pursuant to Paragraph 16 of the Agreement, Interstate can obtain a court order against you that restricts your activities and conduct, with all costs recoverable from you. Interstate, however, will not provide any additional warnings regarding the penalties of violating the Agreement if you choose to continue to engage in meritless attacks on Interstate.

Regards,

Damian S****

AS YOU CAN SEE BY THIS CORRESPONDENCE, INTERSTATE ROOFING IS STILL TRYING TO TREAT US AS EMPLOYEES,  ALTHOUGH THEY HAVE BREACHED THEIR OWN CONTRACT IN MANY RESPECTS, THEY THINK THEY CAN RELY ON THEIR AMBIGUOUS CONTRACTUAL THREATS TO CONTAIN THE INFORMATION THAT ENLIGHTENS THE PUBLIC ON THEIR BACK ROOM BEHAVIOR.  SORRY INTERSTATE, YOU CAN'T REWRITE THE CONSTITUTION, NOR CAN YOU BURY YOUR ILLEGAL AND SELF SERVING CONSUMER IMPACTING ACTIONS ANY LONGER. 

WE ACCEPT YOUR THREAT OF OBTAINING A COURT ORDER AND ATTEMPTING TO COLLECT IMAGINARY DAMAGES FROM US. . .  BRING IT ON.  WE WOULD LOVE TO CONFRONT YOU AND YOUR FELONIOUS CLIENTS IN COURT, BUT YOU DON'T DARE. . .

Please read the following response paragraph by paragraph to the ludicrous letter above:

1.  As anyone can see by the posted information on this and other sites, there was no 'misconduct.'  In fact, we have also filed a complaint with the SD AG regarding how Interstate's business practices threaten SD consumers.  This just became a convenient reason for Interstate to make up to cover the sabotage and interference with our clients; they had to after ignoring the issue for over two months.

2.  Interstate's offered 'settlement amount' was a third of what they owe us, and is based on fraudulent, incomplete, and manipulated and padded 'cap out' sheets.  Their paperwork is so atrocious that they are incapable of even coming up with a reasonable approximation, so they will just lie and continue to make things up.  We have plenty of proof on file.

3. Each time their attorney communicates with us he is totally confused; if it's not the actual amount, it's in the way he tries to explain things, when he really doesn't have a clue.  Interstate failed to follow their own Contract, instead, they like to keep subs on a 'draw' system,which is always in arrears; this allows Interstate to control the Independent Contractors with the money they actually already owe.  In this case I've had to explain financial issues to this attorney--he is either not too bright or is intentionally helping Interstate stall payment and honoring their own offers or contracts.  WE DO NOT OWE INTERSTATE--INTERSTATE OWES US, AND HAS SINCE LATE OCTOBER.

4. 'positive balance?'  All but one project has been closed out and paid for at least a month--19 in all--yet we have received none of the promised paperwork or payouts (or any communication at all) from this "lawyer" or Interstate since recieving this letter.  WE have had a positive balance for over two months.

Again, when you simply are too stupid, or evil and malicious doesn't matter--Interstate does such a horrible job of keeping their books that they will NEVER be able to come up with accurate figures--and we can prove this; thus, we will continue our collections efforts based on our numbers, not theirs.

5.  Of course I'm going to keep in touch with our mutual clients; Interstate has not contacted a single one of these accounts since this happened.  Somebody has to treat the clients with respect, and it hasn't been Interstate Staff. I've collected all the amounts due, not Interstate.  They obviously have no intention of honoring a single word of this letter, despite their benevolent promise of 'no further penalty.'

6.  As far as using their marketing and brand, we were allowed to use the logo (as long as the office number was attached, so Riopelle could steal referrals and give them to his cronies).  Really, does this attorney think his threats mean anything?  Why would I use or affiliate myself with such a brand that I have found is so abusive to contractors and clients?  I'll make sure to absolutely not affiliate myself or my brand with Interstate--WE have a great reputation, and intend to keep it that way.

7.  Threaten us with an ambiguous clause in the contract AGAIN?  As if I wouldn't keep copies anyway. . .  All these projects would not have been able to be completed without the proper docs, so why does Interstate insist on taking possession of all docs?  Just another strategy to control the subs and treat them as employees.  Also, their internal books are in such horrible shape they need our books to figure out what's going on with the accounts!

8. Let me remind the attorney and Interstate we have every right to the legal remedy of filing Mechanics Liens on Property--it is one of the very limited ways a subcontractor can hold unscrupulous companies like Interstate accountable to the public.  Nothing spurious about it, and when a company refuses to pay any funds regardless, what do we have to lose by my exercising all our rights as the 'little guy?"  BTW, the contract really says nothing about liens, so this letter is basically attorney "puff and strut." 

9.  'nuff said.  WE LIVE IN DENVER, SO GET TO FILING.  Prove these complaints are 'meritless.'

10. Interstate better get that threatened court order together, because there will be no cease and desist. 

Please read the other Ripoff Reports, and go to PissedConsumer (dot) com to see our letter to Interstate.

If any other vendor or sub is or has has issues with being physically threatened or having funds withheld, or have suffered Breaches of Contract as we have, please contact 3 oh three 4 nine five forty eight 28.  Thank you.