Preview
David Hoekstra
Abigail Hoekstra
12220 Doug Oest Rd FILED
a
_
Supe riny Ceurtoi California
Auburn, CA 955602 County of Placer
Telephone: (530) 575-8100
Telephone: (530) 575-9888 JUN 26 2020
dake Chatters
Executive Officer 8
By: S. Stey eputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER, HOWARD G. GIBSON COURTHOUSE
ACCREDITED SURETY AND CASE NO. MCV0074328
saat!
CASUALTY COMPANY, INC.
Saat
a corporation, LIMITED CIVIL
Saat!
Seat!
Plaintiff, DEFENDANTS AMENDED ANSWER
Saget!
TO PLAINTIFF'S INTERPLEADER
Suet! Senagatt! Set!
“VS~
VLADIMIR AVDEYUK individually and
apt!
16
dba MIRAVDI CONSTRUCTION &
Someta
RESORATION CO,; CHAMY LEE, an
17
individual: DAVID HOEKSTRA, an
get
individual; ABIGAIL HOEKSTRA, an
Stet!
18
individual; and DOES 1 through 75, inclusive,
Samet
Nem
19
Defendants.
et!
eet!
COMES NOW the defendant, DAVID HOEKSTRA and ABIGIAL HOEKSTRA, for themselves
alone in answering the allegations of the complaint in file herein, affirms, denies and alleges as
aa
follows:
24 defendants herein have made a claim on the $15,000 bond held by MIRAVDI
1. | We, as
25 AVDEYUK issued by Accredited Surety and Casualty Company,
CONSTRUCTION/VLADIMIR
26 part of the damages of the total of $122,076 we have incurred as a result of Miravdi
Inc. to recoup
Construction/Vladimir Avdeyuk submitting billsfor incomplete work, being paid money for
unfinished work, failure to complete work, breach of contract and abandoning the project. We
have had to hire a new architectural designer and engineer to redo plans that Miravdi
Construction/Vladimir Avdeyuk was paid for but was never started. We have had to revise and
downscale our construction project by 50% because the original bid received from Miravdi
Construction/Vladimir Avdeyuk, (that was submitted to our loan company in order to be
awarded the project) was half of the actual costs necessary to complete our addition EXHIBIT
A: (Quote from WJ Kavanugh Construction Management, Inc. for $303,197.50) EXHIBIT B
Cost to generate bid $1500 (Invoice). We have had to obtain a second construction loan to
10. finish the retaining wall that was paid for but never started. We have completed the work on
Il. secondary dwelling ourselves that was started but never completed. We will now be obtaining a
12. third construction loan (closing costs TBD) for the addition that was never started. EXHIBIT
13. C (List of total damages of $122,075 and closing costs) to update the previous damages before
14. all receipts were accounted for in the amount of $48,000 per Law Offices of Hausman & Sosa,
15. LLP. The total damages the Defendants seek to recover from Miravdi Construction should be
16. $122,075 and not $48,000.
17. 2. Defendants asserts that on April 24, 2018, Miravdi Construction/Vladimir Avdeyuk
18. made a contract with the Defendants to build a two story addition on the existing house with a
19. total cost of $161,764 EXHIBIT D (contract). On April 25, 2018 Vladimir Avdeyuk was given
a $500 deposit EXHIBIT E (check) toratify the signed contract to a) build the addition and b)
complete the interior of a secondary dwelling on our property. On May 11, 2018 Vladimir
received $4500 EXHIBIT F (check) for the architectural fees he said that he had already
incurred on our project. These plans were never started because the engineer never received
payment from Vladimir Avdeyuk. As of May 5,2020 we have incurred an additional $12,510 in
design and engineering expenses. The plans were submitted to Placer County on May 7, 2020,
almost exactly 2 years after he was paid.
3. The plans for the secondary dwelling were not completed until June 14, 2018, two
months after contract is signed. The contract states in Section I]that “Work under this
agreement will begin within 10 calendar days after thiscontract issigned by CONTRACTOR
and OWNER EXHIBIT G (contract). In addition, we were told by Vladimir Avdeyuk that the
work on the secondary dwelling would take 4-6 weeks to complete. To prevent Vladimir
Avdeyuk from stopping work on our secondary dwelling, between the dates of May 22, 2018
and August 27, 2018, he was paid $28,237 ($5000 over his original bid). We have asked for, but
never received, invoices from the subcontractors that did the work.
4, On March 21, 2018, Miravdi Construction/Vladimir Avedyuk was sent a digital copy of
our preliminary plans for the addition that included a 100'+ long retaining wall that was to be
14' at the highest point. Over the next 6 months, despite our requests, the excavation site was
never checked by anyone from Miravdi Construction. It isnot until September 25, 2018 that we
are notified that an additional 2’ needed to be dug out of the hillside in order to allow for the
14. footing. On October 18, 2018 Vladimir notifies us there is additional engineering needed for
1S, the retaining wall causing further delays. Vladimir had informed us of the additional
16. engineering needed back on April 11, 2018 and he told us he had taken care of itmonths ago.
On October 24, 2018, the concrete foundation is poured. We are told by Vladimir Avedyuk that
the blocks for the retaining wall have been ordered and will be arriving on Saturday, October
27, 2018. Vladimir Avedyuk was given a check for $43,200 EXHIBIT H (check) to cover the
cost of the concrete that had just been delivered and concrete blocks. On Saturday, November
3, 2018 we receive a call from the subcontractor who formed the foundation notifying us that
he had not been paid. We also receive a certified lettercontaining a Pre-lien notice from the
ABC Concrete for none payment. On November 28, 2018 we are notified by Miravdi
Construction/Vladimir Avedyuk that he has postponed allwork until after the holidays. On
Friday, November 30, 2018 we inform Vladimir Avedyuk that because the rainy season has
begun, the hillside where the retaining wall was supposed to be is beginning to
collapse and suggest that he send someone up to secure the hillside. Because none of the
recommendations for “Site Erosion Control” EXHIBIT I were followed the entire
hillside collapsed (approximately 10 yards) EXHIBIT J (photo).
5. Miravdi Construction/Vladimir Avedyuk was paid $5000 to hire an
architect/engineer to produce signed and stamped plans to be submitted to Placer County
for the addition on the main house. These plans were never started due to lack of
payment. The secondary dwelling was started, but never finished, causing additional
expenses for material/labor for which Miravdi Construction was paid $28,237 EXHIBIT
K (checks). The seven month delay caused a loss of rental income in the amount of
$11,685 (EXHIBIT L — Signed leases). The concrete supplier, ABC Concrete, was never
paid the $5560 for the concrete delivered to 12220 Doug Oest Rd, Auburn, CA 95602 on
October 24", 2018 and the concrete blocks for the retaining wall were never ordered
from Basalite, despite Miravdi Construction/ Vladimir Avedyuk being paid $48,000. We
have paid the concrete company ($5560) EXHIBIT M copy of check, had the retaining
wall built by a licensed masonry contractor, Tim Thorton, for $43,227 EXHIBIT N
(Invoice) and had new plans drawn, engineered and submitted to Placer County
EXHIBIT O (Invoice).
EXHIBITA ~
.avanagh
| \Censtruction and Management, Inc.
ae -Lit #430507
53086798734
1925 Deerwood Place,Aubum, Ca.
waw_wikavanaghconstricticn.som
Job: Hoekstra
1
2
3 Temp Facilities $5,000
4 Demolition $1,750
5 $1,000
6 Concrete Patio $4,000
7 400
8
9 $29,000
1 $4
000
| onlie 5 pale
Bis
$1,000 _
cool
$4,000
et
BRISVINBisisislaalz
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$4
ee
$17,500
ea
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B/O
wal
$7,000
wad
000
RD]
$12,300
ROEROP
nic
$7,000
BOE
$1
$34,000
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$9,
nic
$7,
000
B/O
“EXHIBIT A
33
34 Shower
35
36 Solar
oF
38 Fire
39
Total
o~ 15% Fixed Fee
TOTALS:
EXHIBIT B
sm,
\
ea.
UR TEE,
¢
me KAVANAGH
CONSTRUCTION CONSULTINGANDMANAGEMENT.LLC Over 40voor:of exnarionce
Dave & Abbey Hoestra
12220 Doug Oest Rd
Auburn, Ca.
RE; Budget Bill
AS per agreement, $1,500 isnow due forsubmittal ofscope & budget
Thank you forthe work
BillKavanagh 11/8/19
—
~ EXHIBIT B
EXHIBIT C
David and Abigail Hoekstra
12220 Doug Oest Rd
Auburn, CA 95602
List of Hard Damages Amount Documentation
Retaining Wall — Milestone Masonry / Tim Thorton $43,200.00 Check
ABC Concrete $5,560.50 Check
Architectural Plans & Engineering a $5,000.00 Check
Lost Rental Revenue $11,865 ($1,695 per month) _ $11,865.00 Signed Leases
7 months (Aug 2018 — Feb 2019)
Cost to Complete Rental House
Diamond Pacific (Lumber) $978.19 Paid Invoice
Diamond Pacific (Lumber and Joist Hangers) $259.55 Paid Invoice
‘Diamond Pacific (Lumber) $408.35 Paid Invoice
‘Diamond Pacific (Decking Hardware) $67.03 Paid Invoice
‘Decking Material (Redwood Decking) $3,041.37 Paid Invoice
Decking Material (Floor Joists and Beams) $3,275.14 Paid Invoice
Decking Labor $4,988.26
Retaining Wali (rental)
A&A Concrete $1,754.61 Paid Invoice
DUPZYK Equipment — Pumper Truck $575.00 Paid Invoice
Form Boards & Rebar $600.00
Retaining Wall Labor $2,329.61
Expenses (Main House Addition)
Attorney Consultation — Frank Law Group, P.C. $375.00 Check # xxx
Vaughn Baker (1* HUD Consultant) $2,000.00 Check
Sierra Structural (Plans 2" time) $1,800.00 Paid Invoice
R & R Enterprises (2"7 HUD Consultant) $1,130.00 Check
WJK Kavanagh Construction - Cost to give bid
initial $1,500.00 Invoice
Teresa Muscarella — Home Design Professional (Plans 3“ time) $400.00 Check #1247
Teresa Muscarella — Home Design Professional (Plans 3” time) $3,100.00 Cash
Shaer-K Engineering (Plans 3” time) $2,500.00 Check # 1250
Compucalc — Title 24 (Plans 3” time) $310.00 Cash
WJ Kavanagh — Construction and Mgmt, Inc (Construction Bid) $1,500.00, Check #2025
Guild Mortgage — Closing costs on new construction loan $23,558.31 Closing Statement
EXHIBIT C
* * Thisform is astatement of final
loan termsand closingcosts.
Compare this
Closing Disclosure document withyour Loan Estimate.
Closing Information Transaction information Loan Information
DateIssued 02/14/2020 Borrower DavidE Hoekstra Loan Term 30 years
Closing
Date 02/18/2020 Abigail
H Hoekstra Purpose Refinance
DisbursementDate 02/21/2020 12220Doug Oest Road Product —‘ Fixed
Rate
Settlement
Agent PlacerTitle
Company Aubum, CA 95602
file & P-37Sdi8 - Beads = CuldMomgage Company iwaa Type OOCoaventional MIA
Property 12220 Doug OestRoad OVA 0
Auburn,CA 95602 LeaniD# 183-2000087
Appraised
Prop.Value $495,000 MIC# 0491194884702
Can thisamount increase after closing?
Loan Amount $430,805 NO
interest Rate A% NO
Monthly Principal & interest $2 056.73 NO
SeeProjected
Payments belowfor your
EstimatedTotal Monthly
Payment
Does the loan have these features?
Prepayment Penalty NO
Balloon Payment NO
. :} * * * s a
Paytnent Calculation Years 1-14 Years 12-30
& Interest $2,056.73 $2,056.73
Principal
Mortgage Insurance + 280.00 + _
EstitnaiedEscrow + 472.40 + 472,10
Amount can increase
over time
Estimated Total $2,808.83 $2,528.83
Monthly Payment
This estimate includes inescrow?
fnsuratice I PropertyTaxes YES.
Estimated Taxes,
& Assessments $472.10 {)] Homeowner's Insurance YES
Amount can over
increase time a month ClOther:
Seepage 4 for details SeeEscrow Accounton page4 You
for details. must pay property
for other
costsseparately.
é = ¢.
Includes$19,178.93 inLoan Costs +$4,379.38 in Other Costs- $0
osing Costs
Closing $23,558.31 inLender Credits.See page 2fordetails.
$627.81 Includes Closing Costs.See Cash
Calculating toClaseon page3 for details.
Cash toClose
KiFrom (LjTo borrower
PM PST PAGE TORS + sania 16.2 ;
003960931 04:50:27
02/14/2020
CLOSING DISCLOSURE(GMC 39911f04/15)
EXHIBIT C
Closing Cost Details
_ dhe Borrower-Paid P.
Beersseh At Closing Before
Closing Othersa
A. Origination Charges $3,934.58
“1 % Amount
of Loan (Points)
» Fea
Funding $500.00
“© Origination
Supplemental $750.00
STax Fee
Certificate $64.00
. Fee
Underwriting $995.00
4 Wire Fee
Transfer $25.00
Borrower
8. Services DidNotShop For $15,416.93
“: Fee
Appraisal toMorano,Genjarnin $750.00
. Architecture/Engineering Company
Morigage
to Guild $5,375.00
* Consultant Company
Mortgage
to Guild $830.00
Credit Fee
Report Research
to informative $84.60
Flood Fee
Certificate Flood
to Corelogic Services $8.50
Inspections Mortgage
to Guild Company $810.00
Mi Premium
Upfront toHUD $7,409.43
' Tite Fee
- Bringdown Mortgage
to Guild Company $150.00
Borrower
C. Services DidShopFor $1,428.00
»Tite Fee
Delivery
- Document Tite
to Placer Company $40.00 |
.. - Lender's
Tite Insurance
Title Tite
to Placer Company $645.00
2 Tite Fee
- Notary to Company
Title
Placer $200.00
“2Title Fee
Service
- Recording to Synrgo $18.00
* Fee
Title - Settiement Company
Title
to Placer $525.00
U.TOTAL LUAN CUS15 (Botrower-Paid} 915,170.90
Loan (A
Subtotals
Costs +8 + C} $19,178.93 |
Other Costs
and
E. Taxes OtherGovernmentFees $525.00
* Fees
Recording Deed: $100.00
Mortgage: $525.60
F. Prepaids $2,168.09
1 Insurance
Homeowners's (
Premiurn me.)
“2Mortgage Premium (
Insurance mo.)
perday
interest ($47.21 from fo
02/21/2020 03/01/2020) $424.89
3 Prepaid
me.) County
to Placer $1,763.70
‘¢ Taxes
Property (6
at Closing $1 668.79
Payment
G. Initlat Escrow
isuanwe $176.15 permonthfor?iw. $1,247.05
Hormownel’s
“> Insurance
Mortgage permonthfor mo.
permonthfor2mo. $587.90
Taxes
Property $293.95
Adjustment
Aggregate
:. ~$169.16
H, Other
Ag pesancomine
OTHER COSTS (Borrower-Paid) $4,379.38
L TOTAL |
Other (E
Subtotals
Costs +F +G+H) $4,379.38
COSTS (Borrower-Pald) $23,658.51
CLOSING
J. TOTAL $23,558.31
Cost
Closing (D+!)
Subtotals
Lender
Credits
003950931 02/14/2020 PM
04:50:27 PST PAGE 2OF 5 - LOAN ID # 183-2000087
CLOSING DISCLOSURE (GMC 3991)(04/15)
EXHIBIT D
EXHIBIT D
HOME IMPROVEMENT CONT T
(Business and Professions Code §7159)
dee MIRaVLI
A MIRav'
This AGREEMENT is made and entered into as of the_24 day of APRIL 2018 by and between:
“OWNER”
Owner Name: DAVID AND ABIGAIL HOEKSTRA
Address: 12220 DOUG OEST RD.
City: AUBURN, CA 95602
Phone Number: 530-575-8100
AND
“CONTRACTOR”
Contractor Name: MIRAVDI Construction
Address: 915 Highland Pointe Dr, Suite #250
City: Roseville, CA 95678
Work Phone Number: 916-676-3705
Fax Number: 916-724-5201
License Number: 908490
The foregoing address of Contractor may be used when submitting a “NOTICE OF CANCELLATION”
YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT, SIGNED
BY BOTH YOU AND THE CONTRACTOR, BEFORE ANY WORK MAY BE STARTED.
A. CONTRACTOR shall furnish all labor, equipment, tools, materials and supervision to complete in a
good, workmanlike manner, the work (“WORK”) described in, and detailed inPROPOSAL PROJECT
SUMMARY and set forth in Attachment “A” attached hereto and made a part hereof, subject to the terms
and conditions hereinafter set forth, at the property located at{the “PROJECT,
L Contract Price
A. OWNER agrees to pay CONTRACTOR the sum of __$161,764 _(“CONTRACT PRICE”)
as set forth in Sections [X and XI of this Agreement for the “WORK” performed under this Agreement,
subject to additions and deductions as set forth therein.
I, Approximate Start Date
A. WORK under thisAgreement will begin within 10 calendar days a this contract is signed by
CONTRACTOR and OWNER.
B. The PROJECT will be considered substantially commenced when tools and materials arrive at the
Job Site. IV.__Approximate Completion Date
A. WORK under thisAgreement will be Substantially Complete on or before 11/1/2018
VY. Listofp I Linto thisC
A. The Glossary of Terms in Attachment “B” attached hereto is incorporated into thisCONTRACT as
though included in full as part of this Agreement.
B. The following documents are incorporated as though included in full as part of this Agreement:
1. California Home Improvement Contract - Change Order Form — Sample Copy;
2. Notice of Three-Day Right to Cancel;
3. Notice of Cancellation (California Business & Professions Code § 7159) Owner Copy;
4. Notice of Cancellation (California Business & Professions Code § 7159) Contractor Copy;
5. Description of Work (Attachment “A”);
6. Attachment “A”: Building Plans
7. Glossary of Terms;
YL Scope of Work
A. CONTRACTOR shall supervise and direct the WORK and accepts responsibility for construction
means, methods, techniques, sequences and procedures required to complete the PROJECT in compliance
with the Contract Documents. .
VIL Cutting and Patching
A. The color, texture and planes between existing and new materials might not match exactly.
CONTRACTOR will use due diligence and best efforts to create the best match possible. OWNER
acknowledges that patcHed surfaces may be detectable when construction is complete.
bo
A. CONTRACTOR and OWNER mutually commit to use reasonable care to meet the Requirements of
State, Federal and Local Law when discharging their responsibilities under this Agreement.
xX oO ‘sR ibiliti
A. (N/A)The parties acknowledge that OWNER receiving the payments for the PROJECT from
insurance proceeds from Insurance Company, and the obligation to pay CONTRACTOR is contingent
upon receipt of those proceeds. CONTRACTOR shall not proceed with any WORK inexcess of the
amount of insurance funds actually received by OWNER at any point in time, unless separately agreed
to in writing by OWNER and CONTRACTOR.
B. OWNER will not interfere with or permit others to interfere with, stop, hinder, or delay Completion
of the WORK by CONTRACTOR or Subcontractors except as provided under thisAgreement.
X. Representations by Contractor
A. To the extent of OWNER’S actual knowledge, OWNER has reported to CONTRACTOR all
conditions known to OWNER which may not be apparent to CONTRACTOR and which might
significantly increase cost of the WORK or delay completion. These concealed conditions include, but are
not limited to, hazards on the Job Site, unsuitable soil conditions, prior Defective WORK of others, latent
Defects in the Plans or Specifications, earlier attempts to do Similar or related WORK, and obligations
imposed by government.
AL Progress Payments
“A. Subject to Section IX, the payment by OWNER of the CONTRACT PRICE shall be made
) according to the following payment schedule:
Amount Work/Service Performed
$1,000 Deposit due upon signing.
PROGRESS PAYMENTS WILL BE IN ACCORDANCE WITH THE LENDER REGULATIONS AND
COMPLETION OF EACH WORK/PHASE INSPECTION DONE BY LENDER REPRESENTATIVE.
of progress payments must specifically describe each phase of WORK, including the type of
The schedule
of WORK or service scheduled to be supplied in each phase, along with the amount of each
and amount
proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT
PAYMENT FOR WORK NOT YET COMPLETED. OR FOR MATERIA LS NOT YET DELIVERED.
HOWEVER, A CONTRACTOR MAY REQUIRE A DOWN PAYMENT.
ns
3
B. Progress payments described above in Section XI A. on account of the CONTRACT PRICE shall be
made as follows:
(1) Upon completion and acceptance of the components of WORK covered by the applicable
progress payment, OWNER shall pay CONTRACTOR an amount equal to ninety percent (90%) of the
cost of the component(s) of WORK performed or completed since the last progress payment within 5
business days from request of CONTRACTOR, which payment shall not exceed ninety percent (90%) of
the scheduled value of such component(s) of the WORK as set forth above in Section XI A.
(2) The balance of ten percent (10%) of the CONTRACT PRICE shall be retained by OWNER as
RETAINAGE until completion and final acceptance of the WORK. As a condition precedent to
OWNER’s obligation tomake any progress payments, CONTRACTOR shall deliver to OWNER:
(a) A conditional mechanics’ lienrelease from CONTRACTOR and each laborer, material supplier,
and other subcontractor who provided labor, materials, or supplies for the component(s) of the WORK
covered by such progress payment.
(b) An unconditional mechanics’ lien release from CONTRACTOR and each such claimant who
provided a conditional mechanics’ release for the payment due (ifany) to such claimant from the
immediately preceding progress payments.
(c) As an additional condition precedent to CONTRACTOR’s right to receive final payment,
CONTRACTOR shall discharge and release the WORK from any and allclaims or liens that may have
accrued from the performance of this Agreement and the final building inspection by OWNER and the
applicable government agency shall have been completed and accepted, and CONTRACTOR shall provide
OWNER with the following documents: (i)unconditional lien release from CONTRACTOR and all
laborers, subcontractors, material men, and every other person with lien rights has been paid in full;(ii)a
recorded notice of completion in a form approved by the lender, _3 and (iv) “as built” drawings.
C. Ifat any time during the progress of the WORK or before the final payment is made, any lien or
claim is filed,or notification to withhold money for labor or material furnished by CONTRACTOR under
this Agreement is served on OWNER, then OWNER shall have the right to: (i)withhold from any
payment due to CONTRACTOR an amount sufficient to discharge any and allsuch liens or claims; (11)
pay the lien holder directly and offset any such amount against the CONTRACTOR PRICE; and (iii)bond
around the lien at CONTRACTOR’s sole cost and expense.
D. OWNER reserves the right to make payments to CONTRACTOR in the form of checks payable
jointly to CONTRACTOR and to any of its subcontractors or suppliers ifOWNER reasonably suspects
that CONTRACTOR is not timely making payments to any such subcontractors or suppliers, or to protect
OWNER from any lien or encumbrances.
E. | OWNER may withhold any progress payments or final payment, or nullify any certification for
payment previously issued, to the extent necessary to protect OWNER from loss due to:(i) claims filed
(including litigation, mechanic’s liens, stop notices or lispendens) (“Claims”);
(ii)reasonable evidence indicting probable filingof claims; (iii)failure of CONTRACTOR to make timely
payments to subcontractors or material suppliers; (iv) any material breach of this Agreement; (v) any
reasonable doubt that the Agreement can be completed forthe balance then unpaid; or (vi) for
CONTRACTOR’s or his laborers, Subcontractors and material supplier’s DEFECTIVE WORK.
4
ALL Down payment
A. THE DOWNPAYMENT MAY NOT EXCEED 10 PERCENT OF THE CONTRACT PRICE.
ALY. __Interest
A. | Payments due and not paid under the Contract Documents shall bear interest from the date payment
is due at a monthly rate of 20 percent.
B. When payment is withheld pending settlement of a bona fide dispute on the quantity, quality, or
timeliness of the WORK, interest shall accrue only on the amount ultimately paid.
C. Payment of interest does not replace any other rights CONTRACTOR made under this agreement.
SY. Notice to Owner
Mechanics’ Lien Warning-
Anyone who helps improve your property, but who is not paid, may record what iscalled a mechanics’ lien
on your property. A mechanics' lien isa claim, like a mortgage or home equity loan, made against your
property and recorded with the county recorder.
Even if you pay your CONTRACTOR in full,unpaid subcontractors, suppliers, and laborers who helped to
improve your property may record mechanics’ liens and sue you in court to foreclose the lien. Ifa court
finds the lien is valid, you could be forced to pay twice or have a court officer sellyour home to pay the
lien.Liens ca
Preview
David Hoekstra Abigail Hoekstra 12220 Doug Oest Rd FILED a _ Supe riny Ceurtoi California Auburn, CA 955602 County of Placer Telephone: (530) 575-8100 Telephone: (530) 575-9888 JUN 26 2020 dake Chatters Executive Officer 8 By: S. Stey eputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER, HOWARD G. GIBSON COURTHOUSE ACCREDITED SURETY AND CASE NO. MCV0074328 saat! CASUALTY COMPANY, INC. Saat a corporation, LIMITED CIVIL Saat! Seat! Plaintiff, DEFENDANTS AMENDED ANSWER Saget! TO PLAINTIFF'S INTERPLEADER Suet! Senagatt! Set! “VS~ VLADIMIR AVDEYUK individually and apt! 16 dba MIRAVDI CONSTRUCTION & Someta RESORATION CO,; CHAMY LEE, an 17 individual: DAVID HOEKSTRA, an get individual; ABIGAIL HOEKSTRA, an Stet! 18 individual; and DOES 1 through 75, inclusive, Samet Nem 19 Defendants. et! eet! COMES NOW the defendant, DAVID HOEKSTRA and ABIGIAL HOEKSTRA, for themselves alone in answering the allegations of the complaint in file herein, affirms, denies and alleges as aa follows: 24 defendants herein have made a claim on the $15,000 bond held by MIRAVDI 1. | We, as 25 AVDEYUK issued by Accredited Surety and Casualty Company, CONSTRUCTION/VLADIMIR 26 part of the damages of the total of $122,076 we have incurred as a result of Miravdi Inc. to recoup Construction/Vladimir Avdeyuk submitting billsfor incomplete work, being paid money for unfinished work, failure to complete work, breach of contract and abandoning the project. We have had to hire a new architectural designer and engineer to redo plans that Miravdi Construction/Vladimir Avdeyuk was paid for but was never started. We have had to revise and downscale our construction project by 50% because the original bid received from Miravdi Construction/Vladimir Avdeyuk, (that was submitted to our loan company in order to be awarded the project) was half of the actual costs necessary to complete our addition EXHIBIT A: (Quote from WJ Kavanugh Construction Management, Inc. for $303,197.50) EXHIBIT B Cost to generate bid $1500 (Invoice). We have had to obtain a second construction loan to 10. finish the retaining wall that was paid for but never started. We have completed the work on Il. secondary dwelling ourselves that was started but never completed. We will now be obtaining a 12. third construction loan (closing costs TBD) for the addition that was never started. EXHIBIT 13. C (List of total damages of $122,075 and closing costs) to update the previous damages before 14. all receipts were accounted for in the amount of $48,000 per Law Offices of Hausman & Sosa, 15. LLP. The total damages the Defendants seek to recover from Miravdi Construction should be 16. $122,075 and not $48,000. 17. 2. Defendants asserts that on April 24, 2018, Miravdi Construction/Vladimir Avdeyuk 18. made a contract with the Defendants to build a two story addition on the existing house with a 19. total cost of $161,764 EXHIBIT D (contract). On April 25, 2018 Vladimir Avdeyuk was given a $500 deposit EXHIBIT E (check) toratify the signed contract to a) build the addition and b) complete the interior of a secondary dwelling on our property. On May 11, 2018 Vladimir received $4500 EXHIBIT F (check) for the architectural fees he said that he had already incurred on our project. These plans were never started because the engineer never received payment from Vladimir Avdeyuk. As of May 5,2020 we have incurred an additional $12,510 in design and engineering expenses. The plans were submitted to Placer County on May 7, 2020, almost exactly 2 years after he was paid. 3. The plans for the secondary dwelling were not completed until June 14, 2018, two months after contract is signed. The contract states in Section I]that “Work under this agreement will begin within 10 calendar days after thiscontract issigned by CONTRACTOR and OWNER EXHIBIT G (contract). In addition, we were told by Vladimir Avdeyuk that the work on the secondary dwelling would take 4-6 weeks to complete. To prevent Vladimir Avdeyuk from stopping work on our secondary dwelling, between the dates of May 22, 2018 and August 27, 2018, he was paid $28,237 ($5000 over his original bid). We have asked for, but never received, invoices from the subcontractors that did the work. 4, On March 21, 2018, Miravdi Construction/Vladimir Avedyuk was sent a digital copy of our preliminary plans for the addition that included a 100'+ long retaining wall that was to be 14' at the highest point. Over the next 6 months, despite our requests, the excavation site was never checked by anyone from Miravdi Construction. It isnot until September 25, 2018 that we are notified that an additional 2’ needed to be dug out of the hillside in order to allow for the 14. footing. On October 18, 2018 Vladimir notifies us there is additional engineering needed for 1S, the retaining wall causing further delays. Vladimir had informed us of the additional 16. engineering needed back on April 11, 2018 and he told us he had taken care of itmonths ago. On October 24, 2018, the concrete foundation is poured. We are told by Vladimir Avedyuk that the blocks for the retaining wall have been ordered and will be arriving on Saturday, October 27, 2018. Vladimir Avedyuk was given a check for $43,200 EXHIBIT H (check) to cover the cost of the concrete that had just been delivered and concrete blocks. On Saturday, November 3, 2018 we receive a call from the subcontractor who formed the foundation notifying us that he had not been paid. We also receive a certified lettercontaining a Pre-lien notice from the ABC Concrete for none payment. On November 28, 2018 we are notified by Miravdi Construction/Vladimir Avedyuk that he has postponed allwork until after the holidays. On Friday, November 30, 2018 we inform Vladimir Avedyuk that because the rainy season has begun, the hillside where the retaining wall was supposed to be is beginning to collapse and suggest that he send someone up to secure the hillside. Because none of the recommendations for “Site Erosion Control” EXHIBIT I were followed the entire hillside collapsed (approximately 10 yards) EXHIBIT J (photo). 5. Miravdi Construction/Vladimir Avedyuk was paid $5000 to hire an architect/engineer to produce signed and stamped plans to be submitted to Placer County for the addition on the main house. These plans were never started due to lack of payment. The secondary dwelling was started, but never finished, causing additional expenses for material/labor for which Miravdi Construction was paid $28,237 EXHIBIT K (checks). The seven month delay caused a loss of rental income in the amount of $11,685 (EXHIBIT L — Signed leases). The concrete supplier, ABC Concrete, was never paid the $5560 for the concrete delivered to 12220 Doug Oest Rd, Auburn, CA 95602 on October 24", 2018 and the concrete blocks for the retaining wall were never ordered from Basalite, despite Miravdi Construction/ Vladimir Avedyuk being paid $48,000. We have paid the concrete company ($5560) EXHIBIT M copy of check, had the retaining wall built by a licensed masonry contractor, Tim Thorton, for $43,227 EXHIBIT N (Invoice) and had new plans drawn, engineered and submitted to Placer County EXHIBIT O (Invoice). EXHIBITA ~ .avanagh | \Censtruction and Management, Inc. ae -Lit #430507 53086798734 1925 Deerwood Place,Aubum, Ca. waw_wikavanaghconstricticn.som Job: Hoekstra 1 2 3 Temp Facilities $5,000 4 Demolition $1,750 5 $1,000 6 Concrete Patio $4,000 7 400 8 9 $29,000 1 $4 000 | onlie 5 pale Bis $1,000 _ cool $4,000 et BRISVINBisisislaalz | $4 ee $17,500 ea 000 wa} B/O wal $7,000 wad 000 RD] $12,300 ROEROP nic $7,000 BOE $1 $34,000 nN $9, nic $7, 000 B/O “EXHIBIT A 33 34 Shower 35 36 Solar oF 38 Fire 39 Total o~ 15% Fixed Fee TOTALS: EXHIBIT B sm, \ ea. UR TEE, ¢ me KAVANAGH CONSTRUCTION CONSULTINGANDMANAGEMENT.LLC Over 40voor:of exnarionce Dave & Abbey Hoestra 12220 Doug Oest Rd Auburn, Ca. RE; Budget Bill AS per agreement, $1,500 isnow due forsubmittal ofscope & budget Thank you forthe work BillKavanagh 11/8/19 — ~ EXHIBIT B EXHIBIT C David and Abigail Hoekstra 12220 Doug Oest Rd Auburn, CA 95602 List of Hard Damages Amount Documentation Retaining Wall — Milestone Masonry / Tim Thorton $43,200.00 Check ABC Concrete $5,560.50 Check Architectural Plans & Engineering a $5,000.00 Check Lost Rental Revenue $11,865 ($1,695 per month) _ $11,865.00 Signed Leases 7 months (Aug 2018 — Feb 2019) Cost to Complete Rental House Diamond Pacific (Lumber) $978.19 Paid Invoice Diamond Pacific (Lumber and Joist Hangers) $259.55 Paid Invoice ‘Diamond Pacific (Lumber) $408.35 Paid Invoice ‘Diamond Pacific (Decking Hardware) $67.03 Paid Invoice ‘Decking Material (Redwood Decking) $3,041.37 Paid Invoice Decking Material (Floor Joists and Beams) $3,275.14 Paid Invoice Decking Labor $4,988.26 Retaining Wali (rental) A&A Concrete $1,754.61 Paid Invoice DUPZYK Equipment — Pumper Truck $575.00 Paid Invoice Form Boards & Rebar $600.00 Retaining Wall Labor $2,329.61 Expenses (Main House Addition) Attorney Consultation — Frank Law Group, P.C. $375.00 Check # xxx Vaughn Baker (1* HUD Consultant) $2,000.00 Check Sierra Structural (Plans 2" time) $1,800.00 Paid Invoice R & R Enterprises (2"7 HUD Consultant) $1,130.00 Check WJK Kavanagh Construction - Cost to give bid initial $1,500.00 Invoice Teresa Muscarella — Home Design Professional (Plans 3“ time) $400.00 Check #1247 Teresa Muscarella — Home Design Professional (Plans 3” time) $3,100.00 Cash Shaer-K Engineering (Plans 3” time) $2,500.00 Check # 1250 Compucalc — Title 24 (Plans 3” time) $310.00 Cash WJ Kavanagh — Construction and Mgmt, Inc (Construction Bid) $1,500.00, Check #2025 Guild Mortgage — Closing costs on new construction loan $23,558.31 Closing Statement EXHIBIT C * * Thisform is astatement of final loan termsand closingcosts. Compare this Closing Disclosure document withyour Loan Estimate. Closing Information Transaction information Loan Information DateIssued 02/14/2020 Borrower DavidE Hoekstra Loan Term 30 years Closing Date 02/18/2020 Abigail H Hoekstra Purpose Refinance DisbursementDate 02/21/2020 12220Doug Oest Road Product —‘ Fixed Rate Settlement Agent PlacerTitle Company Aubum, CA 95602 file & P-37Sdi8 - Beads = CuldMomgage Company iwaa Type OOCoaventional MIA Property 12220 Doug OestRoad OVA 0 Auburn,CA 95602 LeaniD# 183-2000087 Appraised Prop.Value $495,000 MIC# 0491194884702 Can thisamount increase after closing? Loan Amount $430,805 NO interest Rate A% NO Monthly Principal & interest $2 056.73 NO SeeProjected Payments belowfor your EstimatedTotal Monthly Payment Does the loan have these features? Prepayment Penalty NO Balloon Payment NO . :} * * * s a Paytnent Calculation Years 1-14 Years 12-30 & Interest $2,056.73 $2,056.73 Principal Mortgage Insurance + 280.00 + _ EstitnaiedEscrow + 472.40 + 472,10 Amount can increase over time Estimated Total $2,808.83 $2,528.83 Monthly Payment This estimate includes inescrow? fnsuratice I PropertyTaxes YES. Estimated Taxes, & Assessments $472.10 {)] Homeowner's Insurance YES Amount can over increase time a month ClOther: Seepage 4 for details SeeEscrow Accounton page4 You for details. must pay property for other costsseparately. é = ¢. Includes$19,178.93 inLoan Costs +$4,379.38 in Other Costs- $0 osing Costs Closing $23,558.31 inLender Credits.See page 2fordetails. $627.81 Includes Closing Costs.See Cash Calculating toClaseon page3 for details. Cash toClose KiFrom (LjTo borrower PM PST PAGE TORS + sania 16.2 ; 003960931 04:50:27 02/14/2020 CLOSING DISCLOSURE(GMC 39911f04/15) EXHIBIT C Closing Cost Details _ dhe Borrower-Paid P. Beersseh At Closing Before Closing Othersa A. Origination Charges $3,934.58 “1 % Amount of Loan (Points) » Fea Funding $500.00 “© Origination Supplemental $750.00 STax Fee Certificate $64.00 . Fee Underwriting $995.00 4 Wire Fee Transfer $25.00 Borrower 8. Services DidNotShop For $15,416.93 “: Fee Appraisal toMorano,Genjarnin $750.00 . Architecture/Engineering Company Morigage to Guild $5,375.00 * Consultant Company Mortgage to Guild $830.00 Credit Fee Report Research to informative $84.60 Flood Fee Certificate Flood to Corelogic Services $8.50 Inspections Mortgage to Guild Company $810.00 Mi Premium Upfront toHUD $7,409.43 ' Tite Fee - Bringdown Mortgage to Guild Company $150.00 Borrower C. Services DidShopFor $1,428.00 »Tite Fee Delivery - Document Tite to Placer Company $40.00 | .. - Lender's Tite Insurance Title Tite to Placer Company $645.00 2 Tite Fee - Notary to Company Title Placer $200.00 “2Title Fee Service - Recording to Synrgo $18.00 * Fee Title - Settiement Company Title to Placer $525.00 U.TOTAL LUAN CUS15 (Botrower-Paid} 915,170.90 Loan (A Subtotals Costs +8 + C} $19,178.93 | Other Costs and E. Taxes OtherGovernmentFees $525.00 * Fees Recording Deed: $100.00 Mortgage: $525.60 F. Prepaids $2,168.09 1 Insurance Homeowners's ( Premiurn me.) “2Mortgage Premium ( Insurance mo.) perday interest ($47.21 from fo 02/21/2020 03/01/2020) $424.89 3 Prepaid me.) County to Placer $1,763.70 ‘¢ Taxes Property (6 at Closing $1 668.79 Payment G. Initlat Escrow isuanwe $176.15 permonthfor?iw. $1,247.05 Hormownel’s “> Insurance Mortgage permonthfor mo. permonthfor2mo. $587.90 Taxes Property $293.95 Adjustment Aggregate :. ~$169.16 H, Other Ag pesancomine OTHER COSTS (Borrower-Paid) $4,379.38 L TOTAL | Other (E Subtotals Costs +F +G+H) $4,379.38 COSTS (Borrower-Pald) $23,658.51 CLOSING J. TOTAL $23,558.31 Cost Closing (D+!) Subtotals Lender Credits 003950931 02/14/2020 PM 04:50:27 PST PAGE 2OF 5 - LOAN ID # 183-2000087 CLOSING DISCLOSURE (GMC 3991)(04/15) EXHIBIT D EXHIBIT D HOME IMPROVEMENT CONT T (Business and Professions Code §7159) dee MIRaVLI A MIRav' This AGREEMENT is made and entered into as of the_24 day of APRIL 2018 by and between: “OWNER” Owner Name: DAVID AND ABIGAIL HOEKSTRA Address: 12220 DOUG OEST RD. City: AUBURN, CA 95602 Phone Number: 530-575-8100 AND “CONTRACTOR” Contractor Name: MIRAVDI Construction Address: 915 Highland Pointe Dr, Suite #250 City: Roseville, CA 95678 Work Phone Number: 916-676-3705 Fax Number: 916-724-5201 License Number: 908490 The foregoing address of Contractor may be used when submitting a “NOTICE OF CANCELLATION” YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT, SIGNED BY BOTH YOU AND THE CONTRACTOR, BEFORE ANY WORK MAY BE STARTED. A. CONTRACTOR shall furnish all labor, equipment, tools, materials and supervision to complete in a good, workmanlike manner, the work (“WORK”) described in, and detailed inPROPOSAL PROJECT SUMMARY and set forth in Attachment “A” attached hereto and made a part hereof, subject to the terms and conditions hereinafter set forth, at the property located at{the “PROJECT, L Contract Price A. OWNER agrees to pay CONTRACTOR the sum of __$161,764 _(“CONTRACT PRICE”) as set forth in Sections [X and XI of this Agreement for the “WORK” performed under this Agreement, subject to additions and deductions as set forth therein. I, Approximate Start Date A. WORK under thisAgreement will begin within 10 calendar days a this contract is signed by CONTRACTOR and OWNER. B. The PROJECT will be considered substantially commenced when tools and materials arrive at the Job Site. IV.__Approximate Completion Date A. WORK under thisAgreement will be Substantially Complete on or before 11/1/2018 VY. Listofp I Linto thisC A. The Glossary of Terms in Attachment “B” attached hereto is incorporated into thisCONTRACT as though included in full as part of this Agreement. B. The following documents are incorporated as though included in full as part of this Agreement: 1. California Home Improvement Contract - Change Order Form — Sample Copy; 2. Notice of Three-Day Right to Cancel; 3. Notice of Cancellation (California Business & Professions Code § 7159) Owner Copy; 4. Notice of Cancellation (California Business & Professions Code § 7159) Contractor Copy; 5. Description of Work (Attachment “A”); 6. Attachment “A”: Building Plans 7. Glossary of Terms; YL Scope of Work A. CONTRACTOR shall supervise and direct the WORK and accepts responsibility for construction means, methods, techniques, sequences and procedures required to complete the PROJECT in compliance with the Contract Documents. . VIL Cutting and Patching A. The color, texture and planes between existing and new materials might not match exactly. CONTRACTOR will use due diligence and best efforts to create the best match possible. OWNER acknowledges that patcHed surfaces may be detectable when construction is complete. bo A. CONTRACTOR and OWNER mutually commit to use reasonable care to meet the Requirements of State, Federal and Local Law when discharging their responsibilities under this Agreement. xX oO ‘sR ibiliti A. (N/A)The parties acknowledge that OWNER receiving the payments for the PROJECT from insurance proceeds from Insurance Company, and the obligation to pay CONTRACTOR is contingent upon receipt of those proceeds. CONTRACTOR shall not proceed with any WORK inexcess of the amount of insurance funds actually received by OWNER at any point in time, unless separately agreed to in writing by OWNER and CONTRACTOR. B. OWNER will not interfere with or permit others to interfere with, stop, hinder, or delay Completion of the WORK by CONTRACTOR or Subcontractors except as provided under thisAgreement. X. Representations by Contractor A. To the extent of OWNER’S actual knowledge, OWNER has reported to CONTRACTOR all conditions known to OWNER which may not be apparent to CONTRACTOR and which might significantly increase cost of the WORK or delay completion. These concealed conditions include, but are not limited to, hazards on the Job Site, unsuitable soil conditions, prior Defective WORK of others, latent Defects in the Plans or Specifications, earlier attempts to do Similar or related WORK, and obligations imposed by government. AL Progress Payments “A. Subject to Section IX, the payment by OWNER of the CONTRACT PRICE shall be made ) according to the following payment schedule: Amount Work/Service Performed $1,000 Deposit due upon signing. PROGRESS PAYMENTS WILL BE IN ACCORDANCE WITH THE LENDER REGULATIONS AND COMPLETION OF EACH WORK/PHASE INSPECTION DONE BY LENDER REPRESENTATIVE. of progress payments must specifically describe each phase of WORK, including the type of The schedule of WORK or service scheduled to be supplied in each phase, along with the amount of each and amount proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED. OR FOR MATERIA LS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWN PAYMENT. ns 3 B. Progress payments described above in Section XI A. on account of the CONTRACT PRICE shall be made as follows: (1) Upon completion and acceptance of the components of WORK covered by the applicable progress payment, OWNER shall pay CONTRACTOR an amount equal to ninety percent (90%) of the cost of the component(s) of WORK performed or completed since the last progress payment within 5 business days from request of CONTRACTOR, which payment shall not exceed ninety percent (90%) of the scheduled value of such component(s) of the WORK as set forth above in Section XI A. (2) The balance of ten percent (10%) of the CONTRACT PRICE shall be retained by OWNER as RETAINAGE until completion and final acceptance of the WORK. As a condition precedent to OWNER’s obligation tomake any progress payments, CONTRACTOR shall deliver to OWNER: (a) A conditional mechanics’ lienrelease from CONTRACTOR and each laborer, material supplier, and other subcontractor who provided labor, materials, or supplies for the component(s) of the WORK covered by such progress payment. (b) An unconditional mechanics’ lien release from CONTRACTOR and each such claimant who provided a conditional mechanics’ release for the payment due (ifany) to such claimant from the immediately preceding progress payments. (c) As an additional condition precedent to CONTRACTOR’s right to receive final payment, CONTRACTOR shall discharge and release the WORK from any and allclaims or liens that may have accrued from the performance of this Agreement and the final building inspection by OWNER and the applicable government agency shall have been completed and accepted, and CONTRACTOR shall provide OWNER with the following documents: (i)unconditional lien release from CONTRACTOR and all laborers, subcontractors, material men, and every other person with lien rights has been paid in full;(ii)a recorded notice of completion in a form approved by the lender, _3 and (iv) “as built” drawings. C. Ifat any time during the progress of the WORK or before the final payment is made, any lien or claim is filed,or notification to withhold money for labor or material furnished by CONTRACTOR under this Agreement is served on OWNER, then OWNER shall have the right to: (i)withhold from any payment due to CONTRACTOR an amount sufficient to discharge any and allsuch liens or claims; (11) pay the lien holder directly and offset any such amount against the CONTRACTOR PRICE; and (iii)bond around the lien at CONTRACTOR’s sole cost and expense. D. OWNER reserves the right to make payments to CONTRACTOR in the form of checks payable jointly to CONTRACTOR and to any of its subcontractors or suppliers ifOWNER reasonably suspects that CONTRACTOR is not timely making payments to any such subcontractors or suppliers, or to protect OWNER from any lien or encumbrances. E. | OWNER may withhold any progress payments or final payment, or nullify any certification for payment previously issued, to the extent necessary to protect OWNER from loss due to:(i) claims filed (including litigation, mechanic’s liens, stop notices or lispendens) (“Claims”); (ii)reasonable evidence indicting probable filingof claims; (iii)failure of CONTRACTOR to make timely payments to subcontractors or material suppliers; (iv) any material breach of this Agreement; (v) any reasonable doubt that the Agreement can be completed forthe balance then unpaid; or (vi) for CONTRACTOR’s or his laborers, Subcontractors and material supplier’s DEFECTIVE WORK. 4 ALL Down payment A. THE DOWNPAYMENT MAY NOT EXCEED 10 PERCENT OF THE CONTRACT PRICE. ALY. __Interest A. | Payments due and not paid under the Contract Documents shall bear interest from the date payment is due at a monthly rate of 20 percent. B. When payment is withheld pending settlement of a bona fide dispute on the quantity, quality, or timeliness of the WORK, interest shall accrue only on the amount ultimately paid. C. Payment of interest does not replace any other rights CONTRACTOR made under this agreement. SY. Notice to Owner Mechanics’ Lien Warning- Anyone who helps improve your property, but who is not paid, may record what iscalled a mechanics’ lien on your property. A mechanics' lien isa claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your CONTRACTOR in full,unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. Ifa court finds the lien is valid, you could be forced to pay twice or have a court officer sellyour home to pay the lien.Liens ca