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c_jm22

Help Construction Scam.

5 years ago
last modified: 5 years ago

We started a build over a year ago. now the construction is taking too long, going on 14 months, surly to hit 16 months. the builder has some show up most weeks, throw some mud on the walls, and that's about it. doesn't respond to emails or phone calls. When we do talk to some one we just get lies. the Work isn't to code or quality of standards. Sub contractors keep sending intent to file liens on our property. We own the land, and the loan is in our name. The builder keeps trying to get us to give him more money, but we are already down to 5% of the project cost left, which well below Texas Property Code says we can hold back. . There is no sign that the house will be completed any time soon, it has looked like this for 6 months with no real improvement. The builder doesn't even put in our selections. Has skipped permits and inspections.

I don't need any Capitan Hindsight to tell me what I should have done. I send Emails where I have no replies. I got a lawyer, though he doesn't seem to be in a hurry to do anything. the contract is really one sided, we should never signed it. Its in Texas so he isn't licensed or bounded. I have contacted BBB, FTC, news outlet, County urban development. (not in City Limits).

Before any one defends him, Every other house in the neighborhood has gone up in 5 to 6 months with no problems, other houses by my builder have started after mine and finished before mine (first to get lawyers). There have been no delays (nothing more they a week at a time), selections were made a year ago. they "break" things as often as they fix them. (install cabinet hardware, every one of them was not level. replace attic trim, cut attic ladder leg). completely non professional (dump debris 100' out in the yard, rags left in the yard, ruts in the mud).

I need to find a solution, this can't keep going on. Need to find a better lawyer? Roll over and take it, let them "steal" $100K from us, and spend another $100K to fix what they won't. Bank don't seem to be to concerned, just going to keep extending the loan, at our expense. The builder is a crook, and is already changing the name so he can keep taking advantage of people. (6 company names I found for the last 6 years, this makes 7). if I put him on the internet he threatens to sue and stop work.

Comments (21)

  • 5 years ago

    Wow, that is unreal. Best of luck.

  • 5 years ago
    last modified: 5 years ago

    Only 5% of the contract price left, but you’re only out of pocket for $100,000?

    not sure that makes sense. In any event, you need to find an attorney specializing in construction law, with an eye toward helping you get the home built. Sounds like your builder is pretty sensitive towards being publicly exposed, so it sounds like a bargaining chip, but I’d proceed after consulting legal help.

    Find a good attorney. Why don’t you ask the neighbors which attorney they used ?

  • PRO
    5 years ago

    You're not necessarily "on the hook" to pay unpaid subcontractors. That depends on your state's mechanic's lien laws and whether you paid the general contractor for that portion of the contracted scope of work. Here in VA, you would only pay one time. For example, if you paid the GC for plumbing rough-in work, you're not obligated to pay an unpaid plumbing subcontractor for that same scope of work in the event the GC failed to pay the subcontractor.


    You need legal counsel from an attorney licensed in your state whose practice includes residential construction and real estate.

  • 5 years ago

    Issue stop work order. Gather all facts and correspondence. Hire construction lawyer.


    I'm curious... did you have any other expectation about what type of advice you would receive?

  • 5 years ago

    I was hopping. at my wits end, grasping at straws. maybe there was something I didn't think of. don't want to tell them to stop work then they blame me. looking for good ideas or stupid ones. move in and change the locks? right now my next step is to get a lawyer to start arbitration. might have to find a better lawyer, but definitely do something.

  • 5 years ago

    The bank has disbursed 95% of the money and they are not concerned???

  • 5 years ago

    80% , 15% from my pocket so what is built is worth 80% give or take.

  • 5 years ago

    Do they require documentation before they pay?

  • 5 years ago

    Apparently not ... they did say no when he wanted to draw another 10k. Suppose do "inspections" but just cover thier own asses. ... I do suspect the bank to be in on the scam to, just enough to make a profit, but not enough to go to jail.

  • 5 years ago
    last modified: 5 years ago

    Why isn’t the bank more involved? And holding back funds because of a lack of progress? How do you get a disbursement from them if things aren’t happening? Isn’t the bank doing the usual inspections? How are they approving draws if the normal due diligence is happening?

    If everything grinds to a halt because you fire this guy, which you’ll have to do, then how do you plan to move forward? What is finished? What isn’t? Where are you in the actual build? I’m assuming it’s dried in and weather tight? You can’t move in without a CO. To get a CO, you’ll need to spend more money to get this finished. Is that going to be a problem? (Of course it will.) How big of a problem?

  • 5 years ago

    There is a "scam"? Bank is in on it? I'm out of this thread.

  • PRO
    5 years ago

    @User,

    We've taken over construction on a number of projects where the original contractor went bankrupt. While subcontractors can file liens for non-payment, in Virginia , if the client paid the general contractor for the subcontracted scope of work and the subcontractor didn't get paid, their lien won't provide any relief. Consumers only pay once in Virginia.


    Mechanics lien laws may vary from state to state, so it's important that homeowners consult local legal counsel.

  • 5 years ago
    last modified: 5 years ago

    if I put him on the internet he threatens to sue and stop work.

    So let him. I mean, if what you’re saying is factual, and you can prove it, then he has no grounds to sue OR to stop work.

    So, what‘s his name?

  • 5 years ago

    It sounds like he has already stopped working so what do you have to lose. This is so sad.

  • 5 years ago
    last modified: 5 years ago

    While subcontractors can file liens for non-payment, in Virginia , if the client paid the general contractor for the subcontracted scope of work and the subcontractor didn't get paid, their lien won't provide any relief. Consumers only pay once in Virginia.

    Most states have similar rules. Mechanic's liens are ridiculously easy to file, they are much harder to perfect. A lot of people who probably wouldn't have to pay, panic when they get the notice of the preliminary lien.

    In most areas these defended liens are just judgments against the contractor, but in Texas the penalties can include prison time (up to 10 years).

  • 5 years ago

    @C JM

    It is important to remember that your goal is to get the best house you can get for a reasonable amount of money given the situation that you are in. This sounds simple enough, but it is incredibly hard for most people to actually do.

    The amount of money you have already paid your contractor is immaterial, as is the amount of time you are over, and just toss fairness out the window. All that matters is how much more are you going to have to pay, who are you going to have to pay it to, and what kind of house do you get for that payment. Your contractor doesn't deserve any more money and yet the best position for you might be to give him more money. That is a tough pill for anyone to swallow, but if it just plays out that way, it just does.

    Certainly a consultation with a construction attorney is time well spent even if it just informs you of your options, their likelihood of success, and their cost. That is part of how much more you will have to pay and who you will have to pay. However, I wouldn't be so fast to fire a contractor unless you know that you are going to get a better house and/or a better price by doing so.

    Good luck.

  • 5 years ago

    Sammy has a point, don't let him bully or threaten you.

  • 5 years ago
    last modified: 5 years ago

    if I put him on the internet he threatens to sue and stop work.

    -

    So let him. I mean, if what you’re saying is factual, and you can prove it, then he has no grounds to sue OR to stop work.

    Remember the contractor has a house right now, the OP doesn't.

    Something that everyone should realize... It is a very long walk from being right to favorable outcome. Let's play this out for a minute. Suppose you go ahead and put him on the internet and out of spite he stops work and refuses to restart the work unless you settle with him for defamation (which you didn't even do).

    So in the middle of a pandemic backlog you are going to have to file a suit for damages from his delay. You can hazard a solid guess that he will be found in breach around August of 2021 at best. The courts are unlikely to compel him to finish the work, only to pay you the damages you incurred replacing him. Those damages are discharged in bankruptcy, however, your attorney fees are not and so you are going to have to pay your attorney. Even if he doesn't declare bankruptcy you have to collect the fees which simply may not be collectible.

    If you are that big of a masochist, just slam some delicate body part in your desk drawer a few times. It will be less painful, a lot cheaper, and a whole lot faster.

    ----

    After the entire thing is over write whatever review you want. But do wait to do it from the comfort of your new home.

    ----

    I know you are probably hesitant to cooperate with this G.C. but he is not afraid of your stick, so you are probably going to have better luck with the carrot. I would advise accepting you are going to have to pay more and work with him to find conditions that are set in stone for receiving those payments.

    These situations are not unusual in the construction industry, which is massively undercapitalized. Your contractor has gotten 95% of your money for completing 70%(ish) of your job. He is likely to move on to getting the next 95% from someone else and will use some of that money to complete your job, but you are no longer a priority as he likely needs the next 95% more than he needs anything you can provide.

  • 4 years ago
    last modified: 4 years ago

    "Lay Gaga" is a spam editor.

  • 4 years ago

    The bank would almost never be in on it. The profit would never be worth the risk. There are a ton of rules, regulations, guidelines, etc. that banks and mortgage companies must adhere to, especially in Texas that has additional homestead rights. Banks go through audits every 18-24 months. If you think they are in on it, contact their regulator. That stuff gets taken very seriously. But that doesn’t help you now. You do need to tell the bank to stop paying draws as you think the builder is perpetrating a scam. You need an attorney that focus on real estate. There was probably one listed on your loan documents. Texas has attorney requirements.