In July i had a house fire and found out that i was under insured for my need rebuild. I started looking for contractors that would do some/most of the major systems (i.E. Framing, roofing, sideing, windows, outside doors, ruff in electrical and plumbing.), i would do all the finish work, any other thing that i couldn't afford/didn't want to pay a contractor to do (i.E. I'd do it my self and keep the money).
We signed the contract on 9/16/04 (one page contract with payment breakdown and completion dates) i explained that the mortgage had not agreed to 6 draw per contract and that they would have to work within the mortgage companies rules, then i asked how much his subcontractor was charging for demolition and was told 8k, i vetoed that. I told Mr. Dewitt that would not work and that all subcontractor would need to submit estimated cost prior to any deposit being agreed upon, or subcontractors' bid being approved, this information was sent by phone, email, and fax (at this point no work had been done nor had any money been paid). I also insisted that the funds released by my mortgage company be deposited in my account. About ten days later the check came in, i had Mr. Dewitt meet me at my bank to deposit the check, because of the amount $21,300. The bank did a hold for ten days. I was able to get 5k out early of which Mr. Dewitt got a cashier check for 3.5k and i started the demolition.
By 11/04 Mr. Dewitt has stolen around 15K and did not produced any viable blueprints, did not get any permits for the small amount of approved work he did do, and the work done by his subcontractor, (A Garcia Concrete Construction Richardson, TX 75080, (972) 644-3318 fax972-644-3192), nor did he pay his subcontractor in a timely-manner, and much more, stay tuned for more updates!
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Date: Thu, 18 Nov 01:58: 01 -0800 (PST)
From: "adam"
Subject: contract change
To: [email protected], [email protected]
To Samson Co/Tommy
From Adam R. Miller
Update 11/18/04
You have some choices to make, on how this will work
from this point forward; I'm taking over as general
contractor. Your licensed (I.E. Plumber, carpenter,
electrician) subcontractors will have first option to
match new bids under new terms (I.E. Time, payment
arrangement, document production and delivery). I need
a full accounting of the money giving you for
operating expenses ($15k in two payments,
$3.5k/$12.5k, and both cashiers' checks), also I need
the name and number of the concrete subcontractor that
was paid $4.7k, so I can get a accounting and
notarized release of lien.
All funds not spent must be, held and or returned to me. All invoices dated after 11/17/04 will be at your expense, and all requested documentation must be prepared, before ANY of your new bids could be accepted! That should include all original invoices for materials, and return policies. All remaining funds should be
returned to me, or Ameriquest Mortgage Company, after
we determine what if any parts of the rebuild you are
willing/able to complete. If you already have the roof
framing materials, I will need a blue print showing
its dimensions. The 50% payment will come out directly
to subcontractor for revised total cost at the 50% and
100% inspections, but this does not mean that the
house is 50% to 100% fully done (I.E. The hvac will
have all lines and wires so that the main inside
unites are set for a simple install, same for the
fixtures in kitchen, both bathrooms, and laundry
room). Ameriquest has gotten copies of this change in
our contract, so let me know asap
Thanks,
Adam
Emailed Tue, 16 Nov 13:58: 07 -0800 (PST)
RE: complaints and follow up to last email
The framer is taking way too long to get started. My
house and I are under the thumb of the Mortgage
Company and Judge Patterson, in this case the court
deadline counts. The court will be expecting the house
to be completed around the projected date (12/15), I
can probably get one or two weeks tacked on if it
looks like the house is almost done, but I won't wait
after the 20th before I plan B the framer. I will also
need a revised completion date for framing that's (
or three days) accurate, the revised labor cost,
framing material invoice, and all cost items MUST be
provided before the framer starts any work! You will
also need to get the wood to the site, if the framer
can't get started by the 20th. I need the other
documents I've requested we may have to start doing
some type of exchange, where then they get paid they
sign the release. I see on good reason to wait on
documents that could be done at check time. As you can
tell I'm not happy with the delays (5-8 days my
fault). The framer can't think he gets to start when
he feels like it, a week wouldn't be unreadable
because of the rain, but we are about to begin the 3rd
week of workable days.
The last email I sent you was to show you the style of
lighting, kitchen sink, doors etc. But all are subject
to cost, I will need estimates after I receive the
other documents and set a revised budget.
Thanks,
Adam
To: Thomas DeWitt
Project Coordinator
Samson Construction, Inc.
(972) 516-8946 (Main)
(214) 882-3919 (Cell)
(214) 495-8403 Fax (Direct)
142*21*6916 Direct Connect (Nextel)
http://us. F522. Mail. Yahoo.com/ym/Compose? To=tommy@samsonco. Comm&YY=93552&order=down&sort=date&pos=0&view=a&head=b
www.samsonco.Co
Cc: A Garcia Concrete Construction
Richardson, TX 75080
(972) 644-3318
fax972-6443192
From Adam
* * Ave
Dallas TX 75228
Message *-*-*
Fax# *-*-*
Email us. F522. Mail. Yahoo.com/ym/Compose?
Re: your busted
I was able to contact Garcia Concrete Construction and
he said that he has NOT been paid and that he has NOT
set a price for the work he completed yet. Also he
said that he was mad at you for giving him the
run-a-round for the last MONTH. That means that you
lied in your fax dated 11/22/04.
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