We have built a new home in Monticello, NY count of Sullivan. My husband and I both work and have three children. We have been really taken advantage of by an excavation company called Werlau Construction. They took my money, left me with an unfinished basement, septic system, unfinished grading on my yard. The total amount of the job was $44,922.00. We had a contract with them and in the contract it states that final payment is to be made upon completion of the job. Our final payment to them was to be in the amount of $11,387.00. I only owe them $8,400.00 really $5,400.00 because they had messed up our foundation really bad and agreed to take $3,000.00 off of the price because I paid a 3rd party inspector to come in and take a look at the job. Now they have gone back on their word and added the $3,000.00 back on. Even with them adding the $3,000.00 back on I still have overpaid them on their final payment. Now because I wont give them the final payment they have placed a lien on my new home for $8,400.00. They have not completed their job, my septic system will not pass inspection because of them and I cannot get a Certificate of Occupancy on my home until the septic system is redone. We have tried to work with them and even though the engineer has told Werlau Construction that they will not pass the septic system until they fix it, they still refuse and say it is right. They still have not pushed all of the rock and shale into the driveway. Until this day it sits right in front of my house. They have not done the final grade of the property and they refuse to fix the septic but they want payment.
We finally went and spoke with an attorney and even though we are right and we have a case we need money, a lot of it to fight them. Unfortunately at this point we have a very limited income because we are paying for two houses. We would have to give an attorney a $5,000.00 retainer to start the case, hire a new excavation company to finish the job and fix the problems which is going to cost anywhere from $8,000.00 - $10,000.00 and to top it all off pay the $8475.00 to the county to hold in escrow to get the lien taken off of the house. What young working couple has at least $25,000.00 just laying around to do this especially under the circumstances.
In the meantime we are paying a $1600.00 mortgage on a new home we cannot live in and a $850.00 mortgage on our house we currently own. We can't sell or rent our home we are living in because of this mess. Everyone we have spoke to does not want to help unless you have money.
I am close to losing my job because I have had to take a lot of time off and when I am at work I am on the phone trying to get some help with this. My husband, myself, and especially my kids are all suffering because this has consumed our whole lives. We cant eat, we cant sleep and it is just not fair that people can get away with this kind of stuff.
What are we to do? Please consider us for shame on you because we are at our wits end. I have never ever felt this much hurt and anger in my life. I don't know if my marriage is going to even make it through this. All because we wanted to realize the American dream of owning a new home. This should not be this way. This should be one of the happiest times in our lives and instead we feel like were living in a nightmare from hell. Please, Please, Please Help
Sincerely
0 comments