According to the Contractors Acknowledgement and Agreement signed by Ervin Moore, the builder, it states that it is an event of default for the construction to cease on the property for a period greater than 30 days. Ervin Moore has held the first disbursement funds for over 120 days and as of this date construction has not begun.
The first disbursement from Wachovia to Dwelling Construct in the amount of approximately $65,670.00 was made in January. To the best of everyones knowledge, Dwelling Construct has not done any work. The funds in the amount of approximately $65,670.00 have not been accounted for in any fashion. Due to this fraudulent act and breach of contract on the part of Ervin Moore and Dwelling Construct, our client has lost valuable time as well as interest and availability to funds which he is entitled.
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