I am writing to you today to tell you of my dilemma with a company who promised that they would build me a house. After 19 months here is my story
In June my wife and I looked for the services of a General Contractor and found a gentleman by the name of Drew Scott who represented Cassidy Construction. We talked and struck up a deal to demolish my current residence and construct a bigger one and to find or provide a financer. A contract was signed, which was totally contingent upon the acquisition of financing. A preliminary down payment for plans, permits, and to secure sub-contracts was paid to Cassidy Construction in the amount of $100,000. (I later found that Cassidy Constructions bond had expired at the time the contract was signed and their insurance was to be cancelled by Sep of 08.) Plans were drawn to our specifications by mid-September and by October, at the advisement of Drew, we had moved to a rented house in preparation for our home to be demolished.
Drew also informed that we needed to salvage any items from the house that we wished to keep as the structure would be flattened by heavy machinery. This we did and we have forever regretted it. The house was essentially gutted by my family and me under the accord that it was to be demolished, never again to be lived it again. Walls were removed and other structural damage was incurred to extract appliances and other items. The house was left in a state of ruin.
During this time, Cassidy Construction, failed at their attempts to find us the necessary financing as promised. Not deterred, I made the endeavor myself and identified the primary issue. Without the remainder of the unspent funds, approx $93,000, in my possession, lenders would not further acknowledge my requests for financing. I needed that money to bring my personal wealth to a value in which to be granted a loan to pay for the project. Cassidy Construction agreed to return the funds so that financing for the project could be attained. Cassidy Construction did not return any funds, nor did they make any further progress in any of the avenues of house building.
Soon after the new year of it became more and more difficult to locate Drew. Voice mails and Emails were left unanswered and it became quite apparent that I had better do something. I started to repair the problems to my home that first initiated this project. My home suffered from mold and mildew problems, rot in the kitchen and bathrooms, unsafe electrical wiring, worn and damaged flooring, and not mentioning the normal wear and tear of 20 years of living. Basically, I was attempting to make the home livable again. Unfortunately, time was not on my side as I received a 3-day eviction from the rented house I was living at. (I found out later that the owner that was collecting rent had not made a mortgage payment 9 months prior to renting the house to me and that the home had been foreclosed on. Thats another story.) So, I packed all of our belongings into rented storage units and moved back home.
As February approached I made the request to Cassidy Construction for a refund of my remaining funds that was not used, which was approx $93,000. Drew made many promises, but in the end all attempts to recover my money failed.in May I made the decision to litigate Cassidy Construction for my refund. During the litigation Cassidy Construction counter-claimed for an additional $37,000 in damages alleging breach of contract. Since then Cassidy Construction has lost their legal counsel due to non-payment and has informed of their intentions to file for bankruptcy. It appears that all of my avenues to recover my money have been exhausted.
I have already contacted the Attorney Generals Office and was given the response that they could not assist as this is a civil complaint and requires civil litigation regardless of the intent, actions performed, or lack of both. I have contacted Labor and Industries and was given the same response that they could not assist either. I have contacted the King County Police and have been told that they cannot assist due to the civil nature of the issue. I cannot fathom why a Company is allowed to keep my money after lying to me about their bond and insurance status, gave me no service in return for payment, refusing to refund my money for services not provided, file a lawsuit against me for breach of contract, and then file bankruptcy to get out of the entire mess. I do not understand why Cassidy Constructions actions are considered legal and why they cannot be charged with theft? They defrauded me of my money.
Im not some high and mighty businessman. I am a Father and Grandfather providing a home for his loved ones. I did not pay Cassidy Construction to build me something to sell or make money from. I paid Cassidy Construction to build me a home; a place where my family can live in comfort; a place where my children and grandchildren can grow-up and prosper; a place where I can grow old. I paid Cassidy Construction to build me a home and received a broken dream for my troubles. And, to my amazement, no one cares.
I stand the victim of a crime that has no criminal. I have found that I have no voice and no rights to protect me from those who intend to do me harm and take from me what I have worked so hard to earn. So far, Cassidy Construction has taken $100,000 cash with no response in service. I now live in a dilapidated residence that barely meets county code standards and would be in serious jeopardy of being condemned if reported. I have incurred an additional $25,000 in costs for moving, storage, rent, etc $7,000 in legal fees in an attempt to reclaim my loss, and $18,000 in costs associated with repairs to my original home. As it stands, I have lost $150,000 due to the actions of Mr. & Mrs. Drew Scott under the disguise of Cassidy Construction. I have lost the comforts of my home from his empty promises and the complete lack of responsibility for his commitments.
The most atrocious chapter of this saga has yet to be played. They will file for bankruptcy. They will be allowed to retain most of their possessions as protected by bankruptcy law. They will be allowed to keep their home and their automobiles and their business, and they will be allowed to do it again; the law will protect them. I will not be given such good fortune. I have lost my money, l have lost my house, I have no options to recover either. I have lost my faith in what my government is doing for me and everyone else. No law is protecting me, and if one does exist, no one cares to enforce it. Cassidy Construction is no longer licensed, bonded, or insured, but is still soliciting as a General Contractor in Peirce County. How can this be? Why isnt anyone enforcing the laws?
And now, thanks to our lawyer, we found the complaint that shows Cassidy Construction has struck again.
I no longer have the faith in the civil legal system to further financially pursue which is unattainable. If I continue to petition the courts for damages my legal fees will soon estimate 25% of the total damages. This price, of course, comes with no guarantees or protections for my loss. Ironically, it is Cassidy Construction who will be financially protected. I should not have to go to this extent to correct Cassidy Constructions wrongdoing. They violated my rights as a consumer, they lied about his business status, they provided misleading instructions which caused harm and loss to my property, and they defrauded me with the intent of never fulfilling their obligations.
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