Damon's House: Architorture Part 3

[Tom Adams]

With all due respect Damon........be careful there pilgrim. Your vigilante effort to "expose them" may land you in deep doo doo. Remember the pen is mightier than the sword and that goes both ways. There's these things called slander and libel and you putting something out there, whether slanderous or not might just piss the builder off enough to file suit. And since he has deeper pockets, he could "legal fees" you into some serious debt. And for what?? Here's one for ya......

Some time back, shortly after my divorce, my ex was holding some items of mine and wouldn't allow me access. So I told her that I was gonna withhold my portion of the house payment until she let me have the items. Next thing you know, I get a letter from her attorney saying that if I didn't send him the money, then I was in contempt and would be sued. Strike one: I write this incredibly well written letter to her attorney that was, well.....I'll give you an example. It started off with "I am so humbled that you took time out of your ambulance chasing day to threaten me." And it went downhill from there. Personally, I still think what I wrote is a work of art.

Fast forward to being being sued. My attorney was a former judge and had connections. He also saw through the ex's BS and was ready to rail on her in court about being bitter since I left her and was seeing someone else. He felt sure it would go my way. Strike two: I failed to tell him about that flaming letter I wrote. Before we went into the courtroom, her attorney see's mine and immediately wants to chat about settling out of court. My attorney comes to me a few minutes later and says, "I had him by the balls until he showed me that letter you wrote. So, the deal we made is you pay her what you owe her, plus her attorney fees. If you don't accept, he's prepared to introduce the letter in court." I'm dumfounded until he reminds me that the judge is an attorney and that "we tend to stick together - especially when someone defiles us and our profession." I learned my lesson about the pen being mightier than the sword. In my case, I was stabbed by my own words. []

I'm not sying that you shouldn't file some "official" complaint about him - he's earned that. What I am saying is that you "making it your hobby" could possibly result in the tail wagging the dog. Again, for what?? Will your family be better off? Will you become a hero? What's the chances of folks not listening to you? Worse yet, what if the folks that have had great experiences with this builder decide to make YOU look bad. See where I'm coming from?

Believe me, I'm on your side. I've been in cursing matches with a builder and went home with a pounding headache and took it out on my family. Hate is very powerful emotion and one that will eat you up. I say - focus on getting into the house, file formal complaints, and then move on to enjoy this wonderful world. Being vengeful will just lower yourself to his level.

Tom

[damonrpayne]

I do see where you're coming from Tom, and my "strategy" is this: just to state the truth and let people make of it what they will. My goal is that people will see the story (via whatever means I decide on) and think something like "Wow, all this happened and the builder was still not breaking his contract? I guess I won't build with an MBA builder..." or "I'm going to put some extra provisions in my contract and if they won't take it then its probably not worth the risk"

[Tom Adams]

I humbly concur with your "strategy". []

Tom

[formica]

Strike one: I write this incredibly well

written letter to her attorney that was, well.....I'll give you an

example. It started off with "I am so humbled that you took time

out of your ambulance chasing day to threaten me." And it went

downhill from there. Personally, I still think what I wrote is a

work of art.

Tom... that one is worthy of being in your own "Confess your dumass mistakes HERE!" thread... []

[dtel's wife]

I would suggest you consider working very closely with the builder's association once the project is complete. The state licensing agency responsible for contractors could prove very helpful. I would recommend you work on getting any documentation you may have in order. Documentation, witnesses and a time line will prove invaluable in your quest to "expose" these guys.

I would also suggest you consult with an attorney (maybe you have a friend/attorney that would help you out). You could have the attorney review any actions you wish to take. Especially those in writing. Even the truth, if not absolutely backed up by witnesses or documentation could prove costly to you.

In any event, I would take the "risk" and expose these guys. If you let them get away with this others will suffer the horrors that you have. I am really surprised there is no criminal element to everything that has happened with your house.

Since Hurricane Katrina a common criminal charge being pursued in this area is "theft by misrepresentation". Because you have a written contract this could be considered entirely civil. I would recommend consulting with your local authorities. If I understand all this correctly you have been paying the mortgage on this house for over a year now? This situation may be considered "theft by misrepresentation" because of the money you have spent and conversations etc. you may have had with the builder regarding completion.

A demand letter for extra expenses you have incurred may be an appropriate course of action. In any event, see if you can "rustle up" an attorney for advice and make your move(s) as soon as construction is final.

[Joe Shmoe]

Ugh.... inspectors..... Sometimes I think they just like to show some authority. Iv'e dealt with some who are just arrogant, cocky, b*stards, and really all I can do is just sit there & agree with what ever he has to say, unless sometimes the requests are so impossible, that you have to go over their head. Unfortunately most of the time it's just grin & bear it.

[Tom Adams]

I would suggest you consider working very closely with the builder's association once the project is complete. The state licensing agency responsible for contractors could prove very helpful. I would recommend you work on getting any documentation you may have in order. Documentation, witnesses and a time line will prove invaluable in your quest to "expose" these guys.

I would also suggest you consult with an attorney (maybe you have a friend/attorney that would help you out). You could have the attorney review any actions you wish to take. Especially those in writing. Even the truth, if not absolutely backed up by witnesses or documentation could prove costly to you.

In any event, I would take the "risk" and expose these guys. If you let them get away with this others will suffer the horrors that you have. I am really surprised there is no criminal element to everything that has happened with your house.

Since Hurricane Katrina a common criminal charge being pursued in this area is "theft by misrepresentation". Because you have a written contract this could be considered entirely civil. I would recommend consulting with your local authorities. If I understand all this correctly you have been paying the mortgage on this house for over a year now? This situation may be considered "theft by misrepresentation" because of the money you have spent and conversations etc. you may have had with the builder regarding completion.

A demand letter for extra expenses you have incurred may be an appropriate course of action. In any event, see if you can "rustle up" an attorney for advice and make your move(s) as soon as construction is final.

With all due respect.....did you not read the post where Damon said that he is TAPPED OUT with regards to available funds? So if Damon can't come up with the bucks for a deck, how's he gonna retain an attorney? And how much of Damon's future funds is he willing to part with?? I mean, if Damon took the moola he'd spend on this and put it in a college trust fund, he'd have his kids education covered by the time they hit 18. All this get a lawyer stuff is all well & good, but not every place in the U.S. is suffering the same kind of swindling that the Katrina disaster folks are.

And here's a possibility no one seems to be considering (which BTW has nothing to do with my support of Damon). What if Damon is that one in 100+ homes anomoly where everything that could go wrong does? It's kinda tough to portray the builder in a bad light if he's got plenty of satisfied customers.

3 sides to every story: yours, their's, and the truth.

Tom

[damonrpayne]

My 3' x 4' "deck" is under way. The holes for the footings are getting inspected today and after that the contractor will finish it up probably this weekend. I like folks who work 7 days a week like me They could still fail me on another final inspection if they don't quite like how erosion control is done, or anything else they make up. One of my failure items was "display manuals for all appliances", WTF is that about?

I may or may not get occupancy next week.

[IndyKlipschFan]

Most appliances have warning labels.. Or maybe your builder has taken them off to look better and kept them with the manuals in ONE drawer... (Let's hope)

Usually a furnace, for instance, will show the efficiency rating... So on average you will see what the projected cost is to run it as well as its rating.. Gas water heater will say this too.

Builders and workers are notorious for taking these off, so you can't say later why is my bill like 200.00 more per month? It said right here... Blah blah blah.. LOL (Could be you like your heat at 74* in the cold of winter, who knows?...LOL>>>)

I figured the 3'x4' deck will be huge enough for a grill a table and chairs and room to move around??? hahahahaha NOT!!!!

Sad thing is you paid for it.. and will probably next summer tear it out too. The builder should Damon pay for this, in no way let him charge you for it.. HE knows it has to be there.... BTW, if he did not build it.. Get the business cards from the guys that did.. Tell em, "Look it is a new house for me.. Next year I will want a real deck.. so I will keep your card." (They might do a better job for you even if it is small... In hopes of getting your business next year too.) Just a thought..

[woodsman]

Good luck Damon, I have my fingers crossed for you. I remember all too well the anxiety of building and selling a home. Yours was way worse than our process was and it was hectic enough. Hope it is smooth sailing from here on.

Jeff

[damonrpayne]

Most appliances have warning labels.. Or maybe your builder has taken them off to look better and kept them with the manuals in ONE drawer... (Let's hope)

Usually a furnace, for instance, will show the efficiency rating... So on average you will see what the projected cost is to run it as well as its rating.. Gas water heater will say this too.

Builders and workers are notorious for taking these off, so you can't say later why is my bill like 200.00 more per month? It said right here... Blah blah blah.. LOL (Could be you like your heat at 74* in the cold of winter, who knows?...LOL>>>)

I figured the 3'x4' deck will be huge enough for a grill a table and chairs and room to move around??? hahahahaha NOT!!!!

Sad thing is you paid for it.. and will probably next summer tear it out too. The builder should Damon pay for this, in no way let him charge you for it.. HE knows it has to be there.... BTW, if he did not build it.. Get the business cards from the guys that did.. Tell em, "Look it is a new house for me.. Next year I will want a real deck.. so I will keep your card." (They might do a better job for you even if it is small... In hopes of getting your business next year too.) Just a thought..

I never had any qualms about paying for the deck, it wasn't in the contract and I'm not out to cheat anyone. My complaint is their claiming that they could not have known this would be a requirement. I've already told the deck guy that there's a $$ bonus and a lot of good karma in it for him if he gets it done on time. He should finish this weekend.

[j-malotky]

Damon

If you move in next weekend, I win your pool from last summer. I said April 15th TAX DAY.

FWIW, I picked that date as a joke, I was hoping you would have been in long before now.

JM

[dtel's wife]

I would suggest you consider working very closely with the builder's association once the project is complete. The state licensing agency responsible for contractors could prove very helpful. I would recommend you work on getting any documentation you may have in order. Documentation, witnesses and a time line will prove invaluable in your quest to "expose" these guys.

I would also suggest you consult with an attorney (maybe you have a friend/attorney that would help you out). You could have the attorney review any actions you wish to take. Especially those in writing. Even the truth, if not absolutely backed up by witnesses or documentation could prove costly to you.

In any event, I would take the "risk" and expose these guys. If you let them get away with this others will suffer the horrors that you have. I am really surprised there is no criminal element to everything that has happened with your house.

Since Hurricane Katrina a common criminal charge being pursued in this area is "theft by misrepresentation". Because you have a written contract this could be considered entirely civil. I would recommend consulting with your local authorities. If I understand all this correctly you have been paying the mortgage on this house for over a year now? This situation may be considered "theft by misrepresentation" because of the money you have spent and conversations etc. you may have had with the builder regarding completion.

A demand letter for extra expenses you have incurred may be an appropriate course of action. In any event, see if you can "rustle up" an attorney for advice and make your move(s) as soon as construction is final.

With all due respect.....did you not read the post where Damon said that he is TAPPED OUT with regards to available funds? So if Damon can't come up with the bucks for a deck, how's he gonna retain an attorney? And how much of Damon's future funds is he willing to part with?? I mean, if Damon took the moola he'd spend on this and put it in a college trust fund, he'd have his kids education covered by the time they hit 18. All this get a lawyer stuff is all well & good, but not every place in the U.S. is suffering the same kind of swindling that the Katrina disaster folks are.

And here's a possibility no one seems to be considering (which BTW has nothing to do with my support of Damon). What if Damon is that one in 100+ homes anomoly where everything that could go wrong does? It's kinda tough to portray the builder in a bad light if he's got plenty of satisfied customers.

3 sides to every story: yours, their's, and the truth.

Tom

The example of Katrina cases was simply to point out there is a possibility that "theft by misrepresentation" could have ocurred on Damon's project. If I am correct, he was given a "firm" price to complete construction on his house. That "firm" price has increased considerably. In addition, the "completion date" has been postponed numerous times for various reasons.

There are contractors who will "low ball" bids in order to secure the contract (usually the contract is severely flawed). Once the dotted line is signed all the loop holes in the contract are utilized by the contractor to continue the deception and fraud.

Some attorneys offer free consultations, or at least reasonable consult fees.

I am not a "sue happy" person, but Damon's house project seems "out of sorts" with normal construction practices. Dtel and I have landscaped a lot of custom built homes and we have never heard of anyone having as many problems as Damon is experiencing.

Being the last contractor on the job we hear every complaint a homeowner has about their contractor and I can assure you, all of the complaints combined don't equal to Damon's problems.

The builder should have known that a deck would be required. I would also be real surprised if this contractor doesn't have a few other dissatisfied customers.

Displaying of appliance manuals are a requirement to protect the homeowner. The inspector can then assume the homeowner will be in possession of the manuals.