RTR Construction review: contractor fraud

Complaints from Xiumin Wu and Daming Li
Cell phone [protected] or [protected], Email [protected]@yahoo.com or [protected]@yahoo.com

House ADU 1411 Crestwood Dr San Bruno, CA 94066
The construction contract was signed with RTR Dec 20, 2018 at total price of $295k. The construction should be completed by May 28, 2019 per contract. As for today the construction has been 3 months delayed and will continue to delay for unlimited time.
During signing the contract time, John Tomasetti told us that there are around 100 people work under RTR so they will do job very fast if we could pay ahead of time. So, for trust his word, we paid $51k at Dec 20, 2018 to start foundation work. But until today we don't see much progress on the foundation.
We found that $51k is far more than 10% limit of total price $295k of this project, which has broken corresponding definition by http://www.cslb.ca.gov/Resources/GuidesAndPublications/WYSKPamphlet.pdf
The same time they also asked us paid $2500 for late on deck preparing without do anything.
Due to the delay of the whole project we have, for several times, asked RTR to write a revised schedule with signatures by both parties but neither such a revised contract has been received nor further progress has been made on the project. At such a situation we have to consider that RTR has terminated their duties. Although the project has been substantially delayed, we still gave RTR opportunities to continue. However, for many times RTR broke their promises by not coming the site to do the job. For example, Robert Rudolph, owner of RTR sent an email to be promised they came back to my project at June 24, 2019 and then no one showed up again like it happened many times. Due to the delay of the project, we have tried to communicate with RTR hoping to improve the situation. However, we have experienced very poor communication with no response either by calling or text RTR. Once they want to meet us it is to pump payment, even unreasonable payment per contract. They even have asked us to pay $75k ahead of time for house framework. We responded that per contract the payment should be placed once foundation job is completed. $50k foundation downplay was paid already Dec 20, 2018. RTR explained that they have too busy for other projects. Since RTR didn't get $75k they suddenly disappeared for long period.
The prepayment is for the work on foundation. We have asked RTR many times the prepayment should be returned to us upon the fact that foundation is not done in more than 6 months. Rob (RTR owner) responded that he would not return the money and will sue us for calling or text to RTR. Obviously RTR took the money but not use it for our house construction. Based on the above observations, we don't see a hope for RTR to finish the job as scheduled.
About retaining wall
The wall construction began Jan 28, 2019, should be completed by Feb 26, 2019 per contract with RTR. Due to incorrect way of construction the job was stopped by San Bruno city. We paid Kembcon Engineering firm for a plan of the retaining wall. The wall plan was approved by San Bruno city April 22, 2019 and handled to RTR the same day to continue. Due to the cost changes the wall contract has been updated between us and RTR at total cost of $69k and corresponding cost has been fully paid to RTR.
A big issue happened related to the wall project. After full payment, John, sales of RTR on behalf of RTR, asked us $15k for the cost of same wall claiming that RTR didn't receive total $69 payment while I was in business travel out of the country. Then RTR stopped the job for two weeks until I came back from my trip and showed bank payment evidence. After checking with bank RTR admitted that full payment has been received.
Another issue is that poor connection of RTR with authorized inspector from San Bruno city. July 8, 2019 city inspector came to the site but RTR didn't show up therefore was unable to proceed the wall inspection. This inspection is still not done by July 14, with no response from RTR after we tried to call them a number of times. Due to inspection issue the project was delayed for another full week with no reason.
Communication issue. Due to unreasonable delay we have tried to contact RTR for wall progress, but it is hard to get any response from RTR. Until July 7 we wrote an email to RTR for them to finish the job by July 14. Yet, again, we haven't received a response from RTR. Based on the above experience we don't think RTR is capable to do the job and they have given up the last chance to do the job by July 14
I would like to get our $51K and $2500 full amount back. We have to hire new contract to complete left-over retaining job in which cost $21k. We must send the bill to get their compensation. For those money I have to pay interests to the bank. So at least I have to get totally $74.5k back.
Attached photos are:
1) Copy of business card for Robert Rudolph RTR owner (files #1)
2) Copy of all checks I issued $100, 000 and cash $37600 paid to RTR (file# 2-7)
3) Copy of any correspondence between me and the contractor (emails file # 8-10 and text #11-1-10)
4) Copy of any contract between me and the contractor ( file#12-1-10)
You help saving my very jeopardized life situation would be very high appreciated from my heart!
Please let me know if you need more info from me.
The best regards
Sincerely yours
Xiumin Wu and Daming Li

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