South Texas Construction - Incompetent Contractor using deceptive trade practices and schemes

Construction - Complaint
Review by pmoe2003 on 2012-09-04
Rating: StarEmpty StarEmpty StarEmpty StarEmpty Star
AUBREY, TEXAS -- We recently hired this contractor to build a patio cover and fireplace. He told us that he would obtain permitting and ensured us that everything was going to be taken care of and the structure will be to code. When we did the contract he also told us he had insurance and gave us a copy of this insurance to us. He stated that he had a warranty, which at that time; he did not produce any document, but told us that it was for labor only for two years. During the construction time period there were many times that we inquired about the work that was doing and what we had asked for. For example, we wanted the fireplace in the corner of the patio. After the beams and framework was complete I asked him about it and he told me that with this type of patio cover that we wanted, he didn’t want to do it there. He didn't want to do it there for structural purposes. Him being the contractor and professional I believed him. As the projects were coming to a close, there was several things that he said that he would do and he did not do them. But we asked him if he could fix the leak in the roof. He said he would do it and when I got home from work I checked it and it still leaked. At that point I got a ladder and climbed up to see if he had done anything. It did not take long to see that he did not know what he was doing. We asked him by text, for the building permit number and the inspector that inspected the work. He told us that he called the colony building department and was told that he didn’t need any special paperwork. Which is false. He needed both a permit and to be registered with the colony building department as a licenses contractor. We then contacted him that we needed this corrected and he told us that he was on another job and he will get back with us. We told him that there were a lot of things out of compliance and out of code and he asked us, what makes us think it’s out of code. That started a snowball effect of several areas that we have since learned that are out of compliance and code, and will eventually affect the structure of the existing home and roof. We called several lawyers and one told us to call the insurance that he provided and make a claim and that is when they told us that it cancelled in March 2012. we started paperwork and have documentation that shows several areas of his work and how it is deteriorating rapidly. He used inferior material and the boards of the structure are sagging. And the fireplace was built with non-fire resistance blocks, in which he told us that he would use the best building practice and materials. We were told everything would have to come down and rebuilt. We sent him paperwork explaining what we wanted done and his alternative resolution rather than going to court. We sent these by certified mail and a notice was left but he has yet to pick it up. We then proceeded to contact him by text, because we were not getting any response from email or mail, and explained to him that we would like for him to honor his warranty and come fix the patio and fireplace. He stated that he can arrange a time to come do that. I made it clear to him that the structures needed to come down and rebuilt. And that we understand that we will be responsible for the material. At this point we were trying to be reasonable. Didn’t make sense, but we need this done before it destroys our roof. He wrote back that it will be another 8000-9000 in materials. We know now, that that’s false. We know that materials range from 2000-2500, from bids that we have received from contractors that have come in and bid on cleaning up this mess. But we told him that we will be buying the materials. Then his next response was that he cannot tear down and rebuild without charging for labor, that his warranty had restrictions. Then we asked him to send us a copy of the warranty by email and that we wanted it that night. He said that he was working, but will try. And I asked him why wasn’t I given a copy. He told me because I didn’t ask. Then I went on to ask him about if there were any licensed contractors in their company and if we can get their contractor license number. I also told him that I was aware of the insurance being cancelled and that is fraud. Also that he needs to take this claim serious and that the work that he did was out of compliance and his tactics were deceptive. He wrote back saying that he was going to make a charge of extortion and harassment charges if I kept this up. I was trying to give him the chance for his company to redeem themselves before I started this kind of action.
Comments:1 Replies - Latest reply on 2012-09-05
Posted by Kris10 on 2012-09-05:
This sounds highly illegal. Personally, I'd stop giving him chance after chance and take all this information and proof you have to a lawyer and see if you have a case. I think this goes beyond small claims at this point with the amount of money he's charged, but you may want to check with local laws in your area. Good luck and thanks for the warning!

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