December 5, 2005

 

 

 

Adam Forsberg, President

Energy Star Builders, Inc.

5959 Ojibwa Road North

Brainerd, MN 56401

Michael J. Tostengard

Assistant Attorney General

1200 Bremer Tower

445 Minnesota Street

St. Paul, MN 55101-2130

 

 

          Re:     In the Matter of Residential Building Contractor License of Energy

                    Star Builders, Inc., License #20214236;

                    OAH Docket No. 7-1902-16674-2

 

Dear Mr. Forsberg and Mr. Tostengard:

 

          This letter confirms the current status of this case as I understand it.  At the close of the hearing on November 16, 2005, Mr. Forsberg was granted a period of time, through the close of business on Wednesday, November 23, 2005, to file Satisfactions of Judgment (or other evidence of payment if Satisfactions of Judgment were not available specifically) with respect to outstanding judgment debts against the Licensee.  Mr. Forsberg FAXed Satisfactions of Judgment on November 23, from Cemstone  Ready Mix and Hengel Ready Mix & Construction, and a letter from an office administrator at the law firm of Dunkley & Bennett, P.A., which indicated that Mr. Forsberg had satisfied the Licensee’s debt to that firm.

 

Mr. Forsberg also FAXed the documents pertaining to his dealings with Gene Jorgenson, about which he is charged by the Department for failing to complete the construction as called for in the contract with Mr. Jorgenson.

 

In order to close the hearing record in this matter, I am granting Mr. Tostengard time, through the close of business on Monday, December 12, 2005, to comment upon the significance of Mr. Forsberg’s filings of November 23.  I am interested particularly in how they relate to the charge that the Licensee has demonstrated financial

irresponsibility and whether it has been established that the Licensee/Respondent performed in breach of contract in connection with the Jorgenson job.  At the same time, Mr. Forsberg should file with me a Satisfaction of Judgment from Dunkley & Bennett, if

available.  Mr. Forsberg is free also to file any other written argument he may have in connection with the issues mentioned.

 

Thank you for your cooperation.

 

                                                                      Very truly yours,

 

                                                                      /s/ Richard C. Luis

 

                                                                      RICHARD C. LUIS

                                                                      Administrative Law Judge

 

                                                                      Telephone: (612) 349-2542

RCL:mo