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'I want our laws to change' Consumer questions penalties after unlicensed contractor leaves project unfinished

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She was hoping for shade and protection from the hot Arizona sun, but instead, Shannon O'Leary is left with an unfinished project and frustration.

"They put these in and then they didn't come back," O'Leary said.

O'Leary hired Jose Flores-Espinosa and Iron Horse Welding Work LLC to build an RV carport after finding him on Facebook Marketplace and liking pictures of his work.

They agreed on $9,000 for the job with $2,000 paid upfront.

But O'Leary says the work done had issues. The posts put in are not fully straight nor flush with the concrete. Washers can be seen stacked underneath in an attempt to level the work.

And O'Leary says after the posts were put in, the work stopped completely.

For O'Leary, the red flags started flying so they started researching more about the company and learned Flores-Espinosa is not licensed to do contracting work in Arizona.

This is not the first time consumers have brought Iron Horse Welding Work and Flores-Espinosa to the attention of ABC15. In 2021, we reported on a consumer's frustration after paying thousands of dollarsfor a fence that was never completed.

We wanted to talk to Flores-Espinosa, but initial calls didn't get a response. We went to the address listed for the business, but it was a postal store. So, the Let ABC15 Know team tried his home. While no one answered the door, a person claiming to be Flores-Espinosa spoke to us through the Ring doorbell and promised to call us. He did.

On the phone, we asked Flores-Espinosa why he was taking contracts when he was not licensed to do the work. He told us, he was not charging more than $1,000 for jobs and was working to get his license. However, in contracts with several Let ABC15 Know viewers, Iron Horse Welding Works is clearly charging more than $1,000.

"Here in Arizona, it is against the law to construct a project of over $1,000 in value, that's [including] materials and time. It's a class one misdemeanor to do that unless you're a licensed contractor," explained Tom Cole, head of the Arizona Registrar of Contractors.

The ROC tells us they have no record of Flores-Espinosa submitting an application for licensure to the Registrar. The Registrar also states, within the last two years, he has not registered nor taken the statute and rules or any of the trade exams. However, the Registrar does note he may be working with a contractor school in the area.

As of April this year, Flores-Espinosa had 32 complaints for unlicensed contracting spanning more than a decade. According to ROC records, he's pled guilty to contracting without a license eight times. That charge is classified as a misdemeanor.

"What do we have to do to start holding these guys accountable, and making him uncomfortable to not want to do this scammer lifestyle?" O'Leary asked.

But, as Cole explains, the ROC can only go so far.

"We are not an arresting agency," he explains, adding, "We are statutorily capped on how much our penalties, our civil penalties are, and some of these entities are willing to pay those penalties time and time again."

For penalties and enforcement authority to change, the law would have to change. In the meantime, Cole says the ROC is taking a more proactive approach to educating people about license requirements and helping those who want to be licensed achieve it.

When it comes to hiring a contractor, first check if they're licensed. Also, make sure they are licensed for the type of work you want done.

Ensure the person actually works for the company they claim to and are not misrepresenting themselves under another license. Call the company yourself to verify this.

Get a written estimate with itemized costs and get more than one!

Remember, if someone wants all of the money upfront - it's a red flag!