Sarasota AC company fined for contract issue

A Sarasota air conditioning company, The Affordable Group, Inc., was fined $1,000 Tuesday, by the Highlands County Construction Industry Licensing Enforcement and Appeals Board, and then ordered to pay $75 in administrative fees.

It was also placed on a one-year probation period.

The issue came to light as the result of a complaint about a "Certified Preventative Maintenance Agreement" held by a Sebring customer of The Affordable Group Inc., according to James Selke, code enforcement official for the Highlands County Building Department.

Actually it was a friend of an elderly lady who called him, he said.

She was concerned with the quality of work that was done and what was billed. That work has since been done to the customer's satisfaction.

Representatives for The Affordable Group categorized her as "A happy camper," during the meeting.

According to Selke's copy of her documents the customer was charged $29.95 for the service which found mold growth in the coil and drain line. She was recommended to install an ultraviolet light for $1,495 "to eliminate mold growth."

Selke looked over the agreement. The problem was in its first paragraph under "Work To Be Performed," the contract stated two inspections per year were scheduled to be performed by Affordable Heating & Cooling Inc., Selke said.

While The Affordable Group Inc. is licensed to do business in Highlands County, Affordable Heating & Cooling Inc. is not, Selke told the board.

"What I'd like the board to understand is that first paragraph null and voids this contract," Selke said Tuesday.

Affordable Group attorney William C. Price III entered a plea of not guilty to a claim of Assisting Unlicensed Contracting.

The license holder for The Affordable Group Inc. was Frank Reisinger, who was named as a co-defendant in the notice to appear.

The Affordable Group Inc. President Daniel O'Bannon told the board he used to do business in Highlands County with his wife - Mary O'Bannon, who carried the state license for Affordable Heating & Cooling.

When he and his wife divorced, he sold his shares of Affordable Heating & Cooling and started the new company, The Affordable Group Inc. It was a template error, he told the board. He didn't know how they missed it.

He said Affordable Heating and Cooling went out of business seven months ago.

"We committed a gross typographical error," O'Bannon told the board.

Citing the care they give to their own contracts several board members, who hold state contractors licenses, questioned how such an error could happen, let alone go unnoticed for any great length of time.

Board member Clarence Polston said he didn't see how this could be a typographical error.

"I'm worried there's something here we're not seeing," he said.

O'Bannon told the board it was his mistake and said if anyone was to be held accountable it should be him and not his license holder, Reisinger.

Reisinger was ultimately let off the hook and the board pursued The Affordable Group only.

Questions from Selke and the board were asked concerning the qualifications and practices of technicians being sent out on these service calls.

O'Bannon said all of his service technicians received many hours of training and held many kinds of certifications.

"We're educating the customer," O'Bannon said.

He said his technicians are qualified to do maintenance and "make recommendations."

"They're our eyes in the field," he said.

The board offered some suggestions to correct the issue.

Selke told the board that whether having the name of an unlicensed company on this contract was deliberate or an error, the fact was the incorrect information was on the maintenance agreement.

After several attempts to reach a decision the board voted 5-2, holding The Affordable Group Inc. accountable and in addition to the fine and probation, ordered the company to furnish the county and the customer in question a corrected copy of the agreement.

Board members Charles Dorman and Eric Longshore cast the dissenting vote.

It was unclear if the decision would be appealed.

Note: There are many air conditioning companies with similar names, warned Selke. Local air conditioning contractor John Giordano, owner of Affordable Air, Inc., a Sebring company, is not and has never been affiliated in any way with The Affordable Air Group, Inc.