Due to the recent death of my father it became necessary for our family to assume the responsibility to care for my 82 year old widowed Mother. This presented challenges for us due our also having a 23 year old disabled daughter that we care for. Because of our changed circumstance it became necessary for us to acquire more living space. The most feasible approach for us was to build two (2) additions on our existing home, one over the garage (300 sq. Ft.) and another on the back of the house (400 sq. Ft.).
On October 16 we entered into a contract with Mr. Derrick owner of Plan by Design, 2217 St. Francis Street, Wilmington, Delaware 19808, Phone No. 302-229-6851 to construct these two additions and to completely renovate our home from top to bottom inside and out for $169,300. Mr. Derrick later asked for additional funds in the amount of $7,000, making the total project cost $176,300. Mr. Derrick and Bill Masiello (United Construction Services, 3714 Wild Cherry Ln Wilmington, DE 19808, Home Phone #: (302-994-2179, Cell Phone #: 302-218-0820) were equal partners on this project. Mr. Masiello has three (3) companies registered in the State of Delaware, (1) MASIELLO WILLIAM J - UNITED CONSTRUCTION SERVICES, DUNCAN WOODS, 3714 WILD CHERRY LN, WILMINGTON, DE 19808-4612, (2) UNITED CONSTRUCTION LLC, BLDG 16, STE 400,1787 SENTRY PKWY WEST, BLUE BELL, PA 19422-2200, and (3) UNITED CONSTRUCTION SERVICES INC, 601 KIRKWOOD HWY, WILMINGTON, DE 19805-5108.
As of May, 19th 2006 they have abandoned the job. We have paid them $142,000.00 and none of the agreed upon work has been completed. One addition was left with just the ruff-in plumbing and electrical finished, and the addition for my mother was left with only the frame constructed. Both were recently inspected by the Newark building inspector and have failed due to poor workmanship. Additionally, they have caused damaged to our home and property which will require further repairs and expense.
Mr. Derrick will not return phone calls, e-mail correspondence, or answer his door when we have tried to speak to him. We have sent him a certified letter with our concerns and still he does not respond.
Not only has Mr. Derrick and Mr. Masiello taken an enormous amount of our hard earned money, they have not complied with the contract, the building plans, nor completed the work, but have greatly inconvenienced our family since last year. Thus we are requesting a suspension of both their business licenses and a thorough criminal investigation to be conducted for the following reasons:
1. On May 11, the City of Newark inspector informed us that the master bedroom addition does not meet code sighting the exterior wall on the west side of the house needed to be torn down and rebuilt.
2. Two independent contractors concur with the City of Newark inspector and also pointed out poor craftsmanship and substandard work.
3. On March 29th, subcontractors Tugrul (Moon & Star Enterprise (609-868-9678,856-503-9154) informed me that he had not been paid.
4. On April 5th Mr. Bill Masiello, informed me that he was leaving the job because Mr. Derrick will not provide record of expenses and expenditures.
5. April 5th, Mr. Masiello stated that he was shocked that Mr. Derrick asked us for a payment of $22,000 since Mr. Derrick had informed him that he was not coming back and was trying to figure out how much money he owed us up to that point.
6. April 9th, Mr. Masiello said he was counting his loses and moving on. He apologized that he would not be able to continue the work.
7. When calling at Mr. Derrick's home several of his, neighbors have approached us and asked: Has he swindled you too? This is because that is his reputation.
8. On May 11th, messages were left on Mr. Derrick's and Mr. Masiello's cell phones to notify them of inspectors' finding. Mr. Masiello did return a phone call, however his interest was only whether or not we were pursing legal recourse. When asked if and when he was retuning to complete the work he said that he was not interested in coming back..
Our home and property are in shambles, in many ways in worst condition than when it was started. My mother is sleeping in the dining room and my 23 year old mental challenged daughter, my husband, and son are sleeping on mattresses on the floor as our furniture has been in storage for the past 5 months.
This situation has been difficult for all of us and we would like to prevent this from happening to others in our community. Any assistance that you can provide in this respect would be greatly appreciated.
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