Entries Tagged as 'Uncategorized'

This proves my point that checking court records/background checks is important

Hi Again Jodi
Boy I wish that I would have found this one out sooner.

Riverside and San Bernardino Counties now have their court records
online. Both Civil and Criminal.
If your jurisdiction has this, you should definitely search for your
contractor before hiring him.

Had I done this before, I would have found that my contractor had been
sued for:
Abandoning a project
Poor workmanship (a couple of times)
Embezzlement and Fraud!
All things that he did to me.

The CSLB says “well we don’t have any record of violations”
But the courts say otherwise.

Please let people know that this option is available to them.

Thanks - Bill

Hiring a licensed contractor guarantees quality work - NOT!

I am in the midst of a court battle with a handy-man who decided to pass himself off as a General Contractor and construction worker.   He hired subs who never pulled permits, and ended up in a physical confrontation with one.   The police were called to my home on two occasions.   He was supposed to put two porches onto my home, and my structural engineer and also my inspector state that the back porch needs to come off and be done over.   Walls are not aligned, the floor is at the wrong height, the posts are at and over the edge of the cement piers, and the studs are different heights around the room.  The workmanship is shoddy in every way.
I can see that his attorney is doing everything possible to waste my money to fight this.

I have questions about this person’s insurance policy, and how to find success in the court system.  Our local licensing department is corrupt, and they only work to cover their own mistakes in passing work that does not meet code.
I do not trust my attorney to be on top of things.  I live in Minnesota, and wonder if you can advise where else I can turn for support and ideas to be able to win my case!   I feel that there is much I could learn from others who have been in this awful predicament.   I fired my contractor, and he put a lien against my home.

————————————————————————————-
Jody,

Thank you for taking time to think about my problem.   I should have been more clear to tell you that the guy I hired WAS actually licensed, but clearly was ONLY a handyman, and had gotten in way over his head to take on my porch projects.   I am pursuing this in a lawsuit, but now have no faith in finding real justice via the court system.   I have already spent over 20K on experts, attorneys, etc.!   The guy was insured, and my attorneys both acted like there would be some real money there.   Neither would ask for the policy, and I went through the trouble of getting it from the state myself.   I then presented it to my attorney, and asked him to decifer what it meant, which he either could not or would not do!   He insisted I had to show up for a 2nd mediation, even though the other side scammed, and spent my money for a 1st mediation, only to show up and say it was impossible  for them to be prepared to mediate as they hadn’t received a report from their expert.   I had tried over and over to tell my attorney that we should not be going to a mediation until WE saw a report from their inspector, or were told that there would be no report.   After the horrible letdown at the mediation, not to mention mistakes by my attorney, I left that attorney, and hired another!   So, upon arrival at mediation number two, my  second attorney told me that the insurance company would only cover negligence, and NOT shoddy work.   He withheld that information, and also the offer from the insurance company until I arrived at the mediation!  I would never have gone to a second mediation if he had disclosed the information prior.

I feel like I need to bond with people who have been through this type of lawsuit, and I greatly appreciate all of your ideas.

American Custom Doors

I found this wonderful company that designed and made custom iron doors for exterior and interior. I wanted these iron doors in my formal foyer to keep children and dogs out of the formal areas of my home. The contractor came to my home in New Orleans on his way to install doors in Florida. I got to see the quality of the work and he took measurements and I gave him a piece of my wallpaper to incorporate into the door design. In October 2007, I sent him the signed contract along with $2300 for the deposit. My doors were going to be ready the first of the year. Well, that came and went, along with many excuses. Now we were going into February, but the doors were going to be made, AND I was going to get a discount because of the delay. So, now February comes and goes, and at the end of March I was told the problems with the manufacturer were resolved and the doors were going to be made. Okay, so now April, and May have come and gone and I finally filed a complaint with the BBB of San Antonio against Patrick Wethington of the company American Custom Doors. In previous emails and cell phone conversations he had told me he does not give refunds. I guess he also figured he would not make the doors and keep my money. I searched online for any other complaints and couldn’t find any. I found him on Reunion.com and emailed him there and finally got a response. I was emailed and told he was going to refund my money but have not heard anything in a week. Considering it has been since October that my money has been in his account, I am ready to press forward to the next step. Can’t figure out what the problem was, but other industry companies have told me the doors should have been ready in 6 weeks. Additionally he has listed on his website (since shut down) that he was an authorized dealer for 2 companies that have never heard of him. He listed their pictures and name illegally. They have contacted him and he has removed their images and his website is inactive.Do yourself a favor and don’t make the same mistake I have made. If you have had any problems with the same company you can contact the BBB of San Antonio. Tammy Lindner is the dispute resolution agent I am dealing with.

BAMBOOZLED BY A BUILDER IN PANAMA CITY, FLORIDA

I would like to share my story as my experience may help someone else avoid a similar nightmare. I hired a contractor in Panama City, Florida and it has been an absolute nighmare experience. Maybe your readers can learn from my mistakes.

1. I DIDN’T DO A BACKGROUND CHECK, and apparently neither did the State of Florida as this contractor never should have been given a contractors’ license with his history of felony convictions for grand theft and burglary.

2. MY FAMILY WAS TRICKED AND LURED INTO DECEPTIVE AGREEMENTS BASED ON THE CONTRACTOR’S MISREPRESENTATIONS AND FALSE CLAIMS THAT ARE NOW THE BASIS FOR HIS MALICIOUS LAW SUIT.

DON’T FALL FOR THE FOLLOWING LINES:

“tradeoffs don’t need to be put in writing”, “only things that I am charging you for need to be put in writing”, “I can only charge you for things that you sign for”, “tradeoffs and offsets aren’t chargeable change orders”, “I am an honorable man, trust me”, “I will give you an extra or upgrade at no extra charge for homeowner labor”, “I will do this extra or upgrade at no extra charge to attract more customers in the neighborhood”, “I need a payadvance to be able to make payroll”, “I am having financial problems and need your help”, “I am having maritial problems and need someone to talk to”, “if you don’t give me a payadvance then I will foreclose on your house.

3. DON’T TRY AND BE THEIR FRIEND, KEEP IT ALL BUSINESS!!: I baked muffins and brought pastries to the construction site to show my appreciation for their hard work. The sub-contractors appreciated the effort. However, the general contractor misunderstood my intentions and started telling me all about his marital and family problems. He really creeped me out and I stopped baking and avoided the construction site. He then harassed me by phone, when my husband was at work. He makes my skin crawl!

4. BEWARE OF A SMOOTH TALKER: My husband and I were absolutely played like a fiddle. I can’t believe that we were so taken in by him. But, he did all the right things to earn our trust. He always returned our calls, he would fix errors and problems with out complaint (at first anyway). He offered us upgrades that he claimed were to show his appreciation for money that we saved him and upgrades that he believed would help him secure additional contracts in the neighborhood. My husband asked that they be put in writing but he laughed and said. “Oh, I only need you to sign for things that I am charging you for, I didn’t ask for you to sign anything did I?” Now, those items that we accepted as they were clearly offered at “no extra cost” are now the basis for a big money lawsuit at way more than their actual value. ALWAYS GET CONFIRMATION IN WRITING OF ANY EXTRAS OFFERED TO YOU AT “NO EXTRA CHARGE”!!!

5. DON’T BE BULLIED OR INTIMIDATED INTO GIVING IN TO PAY ADVANCES TO YOUR CONTRACTOR: We were bullied into giving in to demands for pay advances early on. He begged and pleaded and claimed that he couldn’t make payroll without an advance, and would have to “walk off the job”. He also guilt tripped us by reminding us of the things that he was doing at “no extra charge”. Each time we refused, he stepped up the temper fits until it turned violent. Criminal charges were filed but the trial was cancelled as the sub-contractors wouldn’t testify against him. (no surprise there)

After the guilt tripping tactic was used, my husband told the contractor to forget about any extras that were promised and to “stick to the plans”. He did them anyway and now claims that we ordered the upgrades and then refused to pay him.”

6. DON’T BE FOOLED BY RELEASE OF LIEN DOCUMENTS: These are often given to induce a payment and may not be worth the paper that they are printed on. We were given one that said that the the sub-contractors and suppliers were paid to date to get his payment. He also claimed that was also confirmation of the extras being paid in full. Later when bullying for yet another pay advance he informed us that the lien waiver was no good and he held the unpaid sub-contractors and suppliers up over our heads until the final payment was made. This was used a leverage against the homeowners to prevent termination of the contractor. Homeowners were never late on a payment and we had the lien waiver but before the next payment was even due he filed a lien anyway. He went to a lawyer and claimed $25,000 in “oral directed change orders” for the “no extra cost items” that he had provided that were worth far, far less than that amount!! IN YOUR CONTRACT INCLUDE THE FOLLOWING “ALL CHANGE ORDERS HAVE TO BE APPROVED IN WRITING BEFORE WORK BEGINS” FOR CONTRACTOR TO BE ABLE TO COLLECT!!

7. DON’T PAY ALL THE MONEY UNTIL ALL THE WORK IS COMPLETE!! We made the final payment with the agreement that the contractor would come back and finish the repair items. We held out only ten percent of the final payment to be given to the contractor when the work was completed. As, soon as the contractor received his money, we received a nasty letter from his lawyer saying that he would not be doing anymore work, we were bamboozled again on the $20,000 repair job and the retainage is part of the law suit.

IF YOU MOVE TO PANAMA CITY, FLORIDA I SUGGEST THAT YOU RENT OR BUY A PRE OWNED HOME. BUILDING YOUR DREAM HOME MAY VERY WELL TURN INTO A NIGHTMARE!!

Contractor Hell in CA (S&M Construction aka The Mitchell Family)

In late 2007, I contacted S&M (CA License 891070 and phone 626-287-3806 or 888.273.1569..they change their numbers often), a father (Steve Mitchell Sr.), son (Steve Mitchell Jr.) & wife (Elva Mitchell) co, that specializes in roofing. Also needing gutters, exterior paint, and siding, I let S&M act as general contractor. I should not have done so. Roofing is their core competency. The siding was OK, but the detail work was not done with good craftsmanship. Old gutters were ripped out and holes…yes…big noticeable holes, were left in the stucco. I asked S&M to address. They claim it’s not their issue. Exterior painting was done reasonably well with one exception. Four heavy, metal security doors were painted wrong,with paint filling in the mesh areas. The result is a horrible look which S&M agrees is ugly. I’ve tried to get them to fix these problems (which even they acknowledge are problems), but the main guy (the son) won’t reply. He set an appointment to visit and re-do, then pulled a no-show no-call. A word of advice: make sure you pay in increments and per milestones in your project, so as to have some fallback. Once your check clears, it’s tough to get the S&Ms on the phone and even tougher to get them to come back to address problems.

UPDATE on 12/20/07: It’s gone from bad to worse. On 12/18, LA had rain showers, causing a catastoprhic, huge leak in my home. Water ran like a waterfall thru my light fixture in the den, as well as other spots. Tremendous damage: walls, ceiling, attic, laptop, printer, desk, personal memorabilia, etc..all water damaged. It was hard to get S&M on the phone that night, despite emergency phone calls. They sent someone over the next morning to patch the roof that their repair guy admitted was done poorly, but the patch is just a band-aid fix. Then, they were impossible to reach via phone to address permanent roof fix and to address all the structural and personal property damage. The contractor nightmares you hear of….I lived it, and it’s name is S&M Construction (or S&M Roofing or whatever they next change their name to). Their license number is 891070.

UPDATE on May 29, 2008: The CA State License Board held binding arbitration to resolve the dispute. I won. Of $13,550 under original contract, I was awarded $7305. S&M must pay by June 29th, or the state will revoke their license. I sent S&M e-mails. No reply. I’ve tried faxing. Disconnected. They’re running. I’m sure it’s not their first time, and won’t be their last.

UPDATE July 8, 2008: Their license has been REVOKED by the CA State License Board for failing to pay the court-ordered judgment to me by June 29th.

Wasnt getting any help so…

This is a letter I wrote in responce to our situation. We have not yet been able to get an attourny to take our case either because of finacial reasons or they think that no payment will be recieved even if we win, therfore not only will we be out of the original money but leagle fees as well.  By the way Pictures are your best defense. Lots and lots of pictures.

 

We have also tried to contact the media and all were umresponsive. ” They felt it wasnt news worthy”

 

To the Office of the Attorney General, Vermont

 To Whom It May Concern: This is a brief summery of what our problem consists of. For a complete understanding of the situation I have enclosed all records that we have, including contracts and cancelled checks.         In December of 2007 my girlfriend and myself, entered into a contract to remodel our home with Gordon Hudson of T & G Contracting based out of Hoosick Falls, NY. The Contract was for and addition on our home with a completion price of $52,000.00. The original agreement was 1/3 up front, 1/3 at 50% complete, and the remaining 1/3 due at 90% complete. Work was to begin on or around the 15th of December. We signed the contract on the 14th of December. Some work began but weather was an issue and hindered the start of the project. Mr. Hudson said the concrete would be poured on the 24th of December. On the 24th there was a no call / no show. I called and left a message but no call back. On the 26th again it was a no call / no show. I called and finally had a call back from Mr. Hudson. It was then that we found out he was ill, and said they would be there on the 27th. This was a no call / no show again. They finally arrived on the 31st. A few hours that day were spent preparing the form to pour the concrete. The foundation was poured on or around the 4th of January. Around this time Mr. Hudson approached my girlfriend and stated that all of the money was tied up in the materials and he needed to make payroll. He was wondering if an agreement to make weekly payments of $5,000.00 a week to coincide with the progression of the project. She agreed with the stipulation that a new contract be drawn up stating these changes. He agreed. A week or two later I asked him about the new contract and he said that she never said one way or the other but would get one to us. We never received the contract. At this time work seemed to progress at an acceptable rate but still behind schedule. Shortly after the first of February the roof over the garage was taken off to prepare for the construction of the second floor. From this point on work seemed to start to trickle off. Ever since the time she began to pay weekly the workers never worked a full week, However Mr. Hudson still required a full weeks pay. With less than half of the project completed T & G was paid up with the balance remaining of $2,500.00.Mr. Hudson kept telling us that the weather was a factor but on the clear days no workers were found at our job site. Around the 14th of February Mr. Hudson spoke with my girlfriend and stated that her and I had not decided between stick framing or trusses. After she had consulted with friends who were also contractors, she made the decision to go with the trusses. No mention of a price difference was made and she felt that since in the contract it called for stick framing that there was no additional charge for the trusses. Later we found out different. We were told a week after we finalized the floor plan that the trusses were ordered on the 18th of February and would be delivered no later that the 25th of February. The 19th of February was the last day that any workers were on site. On the 21st of February I called the truss company and asked the status of the trusses. They said they were waiting for Mr. Hudson to give final measurements. I told him that I was told they would be delivered on the 25th. He stated they had not been ordered. I gave the information needed and ordered the trusses. They were complete and on the truck by the 22nd of February ready for delivery on the 25th. On the 23rd Mr. Hudson came to our house at my request. He wanted to pick up the check and presented us with a bill for an additional $6,000.00. We then began to discuss the fact of the lack of work verses the amount of money paid. He still sited the weather as a factor. We then discussed our concerns of water damage due to the fact that we had been without a roof since the first of February. He stated as long as we had water standing we didn’t need to worry about it getting into the insulation on the floor. We then returned back to the amount owed and lack of work, and Mr. Hudson became irritated and raised his voice to my girlfriend stating that if we didn’t pay he would pull his equipment on Monday and he would see us in court. After he signed an agreement that the balance owed would not be expected until the 100% completion mark I gave him a check for $3495.15. As he left he said the trusses would be delivered on the 25th. The morning of the 25th of February he called the truss company and cancelled the delivery. When I asked him about this he said the trusses were not done. I told him I called the truss company and told him what they told me. He said they would be there on the 26th. On the 26th this was a no call / no show. When I called him he said the crane company wouldn’t release the crane. That Thursday the 28th they would be there. Again this was a no call / and a no show. I called and left him a message, which he called me back and left the message that due to bad weather coming it would be another week. I went to an attorney on the 3rd of March to find out our rights. He called Mr. Hudson and spoke with him and stated all we wanted was our project completed. Mr. Hudson told the attorney  that the trusses were to be delivered on the 10th and he would have the crane and crew there on the 11th. The 4th of March he came to the job site and removed all of his tools and then on the 5th he had the dumpster and portable toilet removed. When I called and asked him about his tools he simply said they needed the tools for another job. I said ok as long as they were not stolen. This was the last time I spoke with Mr. Hudson. On the 10th I called the truss company and was told that Mr. Hudson said that we still owed him money and that the trusses were not to be delivered until he said to. I then called the crane company and found out that Mr. Hudson had cancelled the crane on the 29th of February and never called to reschedule. This was done three days before the attorney called him. Since then I have contacted the Police Department and my girlfriend and I have given our formal complaints to them. We were then told that the District attorney who based on a phone conversation didn’t know if it was enough to get a conviction. The Police officer did call and ask Mr. Hudson to report to the station to give his side of the story. He said sure and never showed up for his appointment. To date I have contacted about 8 to 10 attorneys who are either to busy or didn’t feel like we would get paid if we won. In the meantime our home is experiencing more and more damage to the existing structure due to the negligence of T & G Contracting. On the 13th of February The Reynolds group, a company sub contracted by Mr. Hudson contacted me and said they had not been paid. That unfortunately they had to come and take the fireplace insert and pellet stove back. We do not know where to turn from here. Please advise as to our options. Incidentally we have tarped the structure ourselves in an attempt to slow the degradation of our home. I have also contacted the building Inspector from the Town who when he visited sighted several building flaws and issued a stop work on our construction. We may have to completely tear the structure down and begin again.  Thank you for your Time and Attention in this matter.  Sincerely  

Rick D                         

    

CC: The Office of the Attorney General, New York

Vermont Governor, Jim Douglas, via email

New York Governor, David A. Paterson, via email P.S. On 4/14/08 I was notified by an officer of the Police Dept. and told that the States Attorney will not be perusing charges against the contractor. It was stated that since some work has been done that this was a civil matter. If this is a civil matter, does this mean that no criminal wrongdoing has occurred?         At this time I am doing what I can to try and save and prevent my home from further damage from the elements.  Thank you  

Rick D

To date  have recievedsome lettersfron the AG in Vermont. They have contacted te contractor two times and continue to move forward. The NY AG has sent me a letter that said they were in the process of contacting the contractor. No responce yet. I have als recieved a letter from Governor’s office of Vermont. They sid they were forwarding my letter to the Ag’s office with the letter sent t me as well. This is whati wanted because i couldnt get anywhere otherwise so nowte AG’s office is aware the Governor had been contacted. We wil see what happens next. Until then i am taking down the addition and will rebuild it according to code.

adding on to our home

In the mid-80s, we decided to expand our bedroom, add 2 closets, and a master bath, in our Decatur, GA home. We checked out several contractors & decided on Metropolitan Home Improvement, office on Lavista Rd. We got the contract IN WRITING. Checked references, including an atlanta television sports newscaster they had done work on his house. They started and done everything shoddy. They made crooked walls. did not put the electric outlet between the closet doors centered. The bathroom window was put in crooked and propped up outside with a rock. We came home from work in March to find a hole in our existing bath’s window and it was so cold we couldn’t bathe. They punched a hole in our roof, and the list goes on. They wouldn’t fix a thing. I was carpooling and the children’s dad was a lawyer. He got the best of us too. We had a 5-day jury trial and still had to pay the geiser $12,500 (contract price) and I don’t remember the lawyer fee, but I was paying him $l00 week till I told him we could pay him no more. Why is these rats and menaces to society allowed to continue.

The other side of the coin

We are responsible, diligent, fair, talented, conscientious and creative contractors.  These past 6 months, we have dealt with  clients from hell!  

These people interrupt the work progress daily with unsolicited & misinformed advice, multiple phone calls and they are NOT PAYING for work performed. 

They try to hire our subs out from under us, are critical of methods they don’t understand and are RUDE to boot.  We can’t just pack up our bags with thousands in unpaid invoices in limbo. 

It’s all a matter of no communication possible with the husband.   He constantly rants & raves about nothing & tries to avoid the decisions crucial to the job progressing to the next level.

It is a shame they have spoiled the satisfaction of a job well done.  Makes us wonder about our career choice. 

I’m sorry contracting has such a bad reputation–but, it’s NOT always the contractor who is at fault in a dispute. 

lesson learned

Is there anyone who actually helps consumers after thousands of dollars were spent to improve our house,and every single job done needs to be redone.We have already spent close to ten thousand dollars to repair the terrible jobs the original contractor did.We did everything the correct way,contacted every known agency in new jersey,then filed a civil lawsuit against this contractor,later learned there were 6 suits against him.He filed bancruptcy,that was approved,forget all the money he owes everyone in the county,and this was a licensed,insured contractor,just goes to show you,anyone can get a license for anything these days.   As a consumer,does anyone know if there is anything else we can do legally??????  He should not get away with ripping off all kinds of people and now just walk away to do business elsewhere,with a fresh start no less.  Thank you to anyone who has any ideas