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All Forum Posts by: Tom Gillotti

Tom Gillotti has started 6 posts and replied 48 times.

Very cool, man! That work looks very professional and well done. Thanks for sharing! 

Originally posted by @Max T.:

It is only libel if the information you're spreading is knowingly false. It can be false and you are off the hook, as long as you can prove you didn't know it was false at the time.

 Thanks Max! I will never sacrifice my integrity. I'm willing to do a lot to discredit the builder but not so much that I would have to lie. At the end of the day I have to look my family in the eyes and know that I did/am doing the right things. 

I appreciate the input! 

Originally posted by @Terrell Garren:

@Tom Gillotti I am so sorry this happened to you. I can hardly imagine the frustration and stress this has caused you and your wife.  The only advice I can offer you is to do your best to let it go and move on.  Certainly your were treated unfairly; however, there is little you can do to get satisfaction.  Don't let these guys continue to cause you stress.  Find a good contractor to make the repairs you need and move forward. Life is too short to let these things eat at you.  I'm no better at handling this stuff than you are; I need someone to occasionally give me the same advice. 

 That's definitely a tough pill that I haven't swallowed yet. It has crossed my mind many times but I figured that the least I could do was take them down with me. If I'm left with the mess they left, they will be left with whatever mess I can make for them. Again, maybe they just keep ignoring me like they've been doing or maybe they finally come to the table. 

I have to follow my gut and only quit when I know it's the right thing to do. 

I definitely appreciate the input! 

@jim cummings Thank you for your response. We had originally thought we would end up on smal claims court until the estimate for work took us over $10,000. We might find ourselves doing what you recommend if all else fails. 

When you say "media type" what do you mean, just approach the local news stations? I did send our story to several news outlets but have heard nothing back. 

We have been continuously hitting the builder in their online reviews. We asked a lot of friends and family to give them a low rating on Google to start. This has already resulted in a drop from a 5.0 rating to a 1.8 rating. Maybe they won't care but maybe they'll finally take us seriously and respond to our request. 

I feel like I'm dancing in an anena that I know nothing about but I also feel like I'm doing the right thing... Most importantly, hopefully I can save another family from the type of headaches we've endured.

Originally posted by @Ronald Rohde:

Well, until you actually incur damages it will be harder to pursue your case legally.

Can you clarify what you mean by damages? We are fighting workmanship and quality control issues right now. I don't know how to quantify that other than the estimate I've received from a separate contractor. 

I'm feeling pretty defeated with this whole thing and a bad contractor is going to be allowed to continue to take advantage of people. How is that ok? It's frustrating, especially in a largely military town.

Sorry... Just venting. My family and I just want this all in our past but most lawyers won't return our calls and the ones who do can't help because they're too far away or say it's not worth their time and resources. 

This is mostly why I've just decided to try to take this into my own hands and destroy their name if the legal system won't work. If I'm not going to get them to do their job (or pay for someone else to do it correctly) then I'm going to try like hell to make sure they can't do this to someone else. 

Originally posted by @Ronald Rohde:

I'm confused, you spent $17k on legal fees? I think this sounds like an emotional case instead of a business decision.

 No sir. Sorry if I wasn't clear. The estimate for work is around $13,000. The legal fees were around $2,000. I added 15% (completely arbitrary) to the $13k for any unexpected expenses during repair. Hope that helps to clear things up. 

Originally posted by @Bill Hamilton:

Well, looks like your wordpress site is down also. I would say that if you want to pursue it, you really need to get a lawyer that will go after the builder. And hopefully one that will do it on a contingency basis. I am assuming that Texas allows you to go after the losing side for legal costs. That could be an advantage in that no lawyer will take that type of case on a contingency fee if they don't think they can win. I wish you good luck (wish I could have read the whole tale as I might have a more helpful opinion in  that case).

 I'm sorry, I should have just copied and pasted the url since it's so long. I typed it wrong. 

CornerstoneCustomHomesAbileneReview.wordpress.com

Originally posted by @Matthew Paul:

Sending out mailers and renting a billboard could and probably will get you sued for liable . 

 That was my first thought when I posted the website... but libel, as I understand it is, "a published false statement that is damaging to a person’s reputation; a written defamation."

Isn't it only a problem if I'm stating something that isn't true? Or, do you just mean that I'll be dealing with a frivolous lawsuit that will just waste time and resources?

I believe they would have to prove that I lied about something. 

Also, I believe that I own the rights to the floor plan of our house, as we had them custom made. Today I found another property that they are building that is our floor plan exactly! Can they legally do that?

We purchased a single family home last year in Abilene, Texas (small town) and had a lot of problems with the builders and sub-contractors. So much so that I wrote a lengthy review of our experience and created a website. It's quite long and I understand if you are unable to take the time to read it all. 

This is the website: cornerstonecustomhomesabilene.wordpress.com

If you did get through it all, here's where we're at now. On July 3rd (2018) I sent a settlement request to the builder's lawyer for the amount of the estimate (plus an additional 15% for unexpected expenses) and the amount of legal fees I paid for the lawyer (total is just under $17,000). I did not hear back from their lawyer for several days so I sent another email to confirm receipt of my email with the settlement request. The secretary confirmed receipt. A month went by and I heard nothing back. This is when I created the website above and posted the review as well as attached it to reviews across the internet (Google, Yelp, BBB, Houzz). Well, all of those sites have since removed the review (likely at the request of the builder). So, I attempted to contact another lawyer today and was told that the amount of work that would need to be done with this case would be too much for the estimated return, so "sorry but good luck, we can't help." 

I've considered direct mailings to certain areas of the town (it's a small town of ~130,000 people total) and have even considered renting a billboard to post the website around town where others could read the story. 

I have a few goals with this:

First, I would really like to help others avoid the headaches we went through with this builder.

Second, I am trying to get their attention and force them to settle so I can pay someone else to come in and do the work properly.

Last, the most ideal situation would be to get them to buy back the house and we all go our separate ways. We are moving soon anyway (work move), so it would not be difficult for us at this time. 

Any help is greatly appreciated. We are stuck and want to put this all behind us!

Post: My plan - looking for critiques

Tom GillottiPosted
  • Posts 84
  • Votes 28
Originally posted by @Account Closed:

You need to go by door.  You want $500 per door.  Not $500 for the whole plex.

If you go the $150 per door route stay at your job.

 Could you elaborate? Kind of vague information.