Frustrated Home Builder
In response to Sara Walker, I welcome the added context. To clarify: the court ruled in favor of Ace Drywall, and my lawyer filed a "Motion for Reconsideration," not an "Appeal." I still retain the right to appeal. My experience serves as a warning: ALWAYS GET A SIGNED, WRITTEN CONTRACT. I had a verbal agreement with Mr. Gamino, but without a contract and signature, proving the terms in court is very difficult. Issues with Execution and Materials: I raised concerns before the sheetrock was even completely hanged. I requested 5/8" drywall to match the 5/8" trim nailers on the ICF walls. Instead, 1/2" drywall was installed. Furthermore, we discussed installation of mineral wool in certain walls. I installed a single course to show where the insulation needed to go as requested by Gamino during conversations prior. Despite this, they hung drywall on both sides of the walls before the insulation was completed. Who installs a single row of insulation? I pulled the drywall on one side and completed the insulation install. Because I lacked a paper trail (emails/texts/internet posts) at the exact moment these issues occurred, they were difficult to prove later. What I would recommend is giving the contractor a Google review with the issue noted and let them know that you will remove the review AFTER the situation is corrected. The Payment and Lien Dispute: Sarah’s claim of "nonpayment" is inaccurate. I sent a check for $14,191.39 on November 21, 2022 by certified mail, pic attached of receipt. They refused to cash it because it included a lien waiver stamp—a move my bank recommended to protect me during a dispute. This disagreement was over a $2,808.61 deduction for unfinished/poor quality work. In court, Mr. Gamino admitted he did not finish the job, yet felt entitled to the full quote. He over-quoted the square footage by including a large three-car garage, despite me stating I was using different materials there. When the issue was discovered and the excess drywall was sent back to the supplier (FBM), no credit was offered. Instead, Gamino filed a lien for the full $17,000. Additionally, FBM filed their own lien for $8,716 because Ace Drywall had not paid them for materials despite my initial $17,000 payment. It went to paying a small amount on materials, the hanging crew that Alex Sosa provided and "other things". Advice for Homeowners: 1. Document Everything: Send an email, text and post a Google review the moment a problem arises. 2. Verify Material Payments: Check with suppliers to ensure the contractor has paid them. If they haven't, pay the supplier directly and deduct it from the contractor's final bill. 3. Beware of Liens: Some contractors use liens to force full payment for poor or incomplete work. See attached pic for Google explanation. 4. No Contract, No Job: If a contractor refuses a written, signed contract, find someone else if you have specific things you want done or materials you want used. I chose to litigate on principle. Gamino did not deliver what was promised in our verbal agreement and filed a lien to try claim payment for work (like the garage) that was never performed. I think in the court of public opinion the majority of people will realize they need to have a signed contract when working with contractors and they want specific materials and things done a certain way.
