Posted on 12/09/2007 2:30:04 PM PST by Daffynition
ORANGE COUNTY, Fla. -- It was a $1,500 paint job that turned into a mess for the homeowner. Detectives said a subcontractor admitted to making the mess, because she hadn't been paid. Now, investigators say she could face felony charges for her act.
Detectives said the subcontractor claimed her general contractor wasn't paying her. The homeowner had paid $1,500 to have her home in the Conway Pointe subdivision painted. All of it was done for $800 and that's what the contractor owed the painter. The painter told police she was so upset over the money, she decided to paint the house again
"It's an awful thing, an awful thing," said victim Kittsie Simmons.
Simmons and her 77-year-old mother, Janet Gauthier, were supposed to move into their new home off Semoran Boulevard on Friday. When they walked inside, the place had been destroyed.
"I want to cry. This was supposed to be a new beginning for us," Simmons said.
Simmons paid contractor Pete Spaziano nearly $2,000 as a down payment to paint the house and replace the carpet with tile. Spaziano hired a subcontractor to do the painting. Eyewitness News talked to Spaziano by phone and he said he'd planned to pay the subcontractor when the painting was complete.
"She was very upset with Pete because she couldn't get a hold of him," Simmons said.
In fact, police said the painter told them she was so upset she trashed the house. Not one room was spared; the living room, dining room, bedrooms and bathrooms were all splattered with paint.
"I'm sick about it. I didn't think there was a human being that could something like this," Janet Gauthier said.
Gauthier and her daughter planned to spend Christmas in the home. Now they'll spend the holidays cleaning up and trying to recover some of the money they paid for a makeover that turned into a mess. They said they're furious at the painter, but they're also upset with Spaziano.
"He is probably so stressed for money, I am never going to see anything from him," Simmons said.
Spaziano was in Tampa on Friday. Eyewitness News talked to him on the phone and he said he was sorry about the situation and would give the Simmons their money back.
As for the painter, police asked Eyewitness News not to release her name just yet. She told them she'd come down to the station with her attorney on Monday. If she doesn't, police can get a warrant for her arrest.
Spaziano owns Mid-Florida Contractors. There have been 20 complaints filed against him with the Better Business Bureau this year and records show Spaziano has been sued two dozen times in the last 10 years.
I read it and realized something was missing. As, I said, a contract with the subcontractor is required. Read the following link. It explains that you have to sign off on that type of arrangment. That notice that the lien will be placed requires your signature before the work can begin. The sign off allows the lien to be placed and serves the purpose of a contract with subcontractors and suppliers. Notice also, that a joint check can be issed that will negate any sub, or supplier's right to stick that lien on.
I've had work done on commercial property in CA and refused to sign it for all, but one plumbing supplier and included with that doc an attachment that listed the specific items that could only be covered. A lien could not be placed by any other subcontractor, or supplier working on the project. That way a sub can be tossed and not payed for attempting to pass off shoddy work, no work, over billing, not paying their bills, ect...
Generally, when one is buying a house, their atty and title co take care of these things. If one is hiring contractors, they should be careful and not involve second parties, such as general contractors. Doing so keeps the project costs down. They should also be very careful about what they are contracting for. If it's to fix a problem. the contract should cover fixing the problem, not contracting to have specific work done, that the sub thinks will solve it. WHen the contract's written that way, one could end up paying for a bunch of worthless opinions.
Yes, MO is one of those states where morons used to be able to walk in the county clerk's office and file a lien. I thought most States fixed that after the "common law court" morons had filed a bunch against judges all over the country for finding them guilty of various crimes. Some States left that avenue of filing at the cleck's office open, but added a good criminal penalty if it wasn't legal per acconpanying suit.
"in Missouri. You, the homeowner, are responsible if the contractor does not pay either the sub or for supplies UNLESS the sub and suppliers sign a form releasing the homeowner.
There's the contract. The lien clause is explicit, or implied with an accompanying warning. That should be considered.
"It still is on record as being filed and will screw up a re-fi or sale."
It shouldn't, because the buyer's atty and title co. won't care if there's nothing current.
Same here, thats why I knew about it.
Glad you got it all straightened out, us too but what a pain.
Oh, it never kept us from doing anything. We just had to explain. Seems like the local title companies have to report ANYTHING in the title. It was a pain in the BUTT big time to have to explain it. Late last year, I got totally fed up and emailed every politician I could about it. Some never answered. Some just referred me to another agency. One guy in particular, Van Kelly, got things going for us. Backing up a bit, we are retired and could not afford an attorney to do whatever it took to get it removed. This is exactly what I told those politicians. They made it easy for a contractor to file the lien - $15 bucks and that’s it. It larger cities I believe most courthouses only let an attorney file so that the lien is filed in accordance with what the statutes say. Our county, Douglas, just took the money and let him file. I got a call from a guy who I thought was from Van Kelly’s office whom I talked to at length about it.He told of the previous clerk who was derelict in her duties, never there etc. Said the new gal who was elected was great and to get with her to get it removed. He also said he was going to try to introduce legislature about this very thing to help homeowners. After we were through talking, I asked him what his name was so that I could send a big thank you to Van Kelly. Turns out I was talking to Van Kelly himself. He had, himself, gone to the courthouse and reviewed the lien, talked to clerks etc. We could have filed a suit BUT you have to have money to start it and that's where they get by. He knew he didn't have standing to file it, but did it to just jab at us. My husband knows a lot about building/pouring concrete etc and kept a watchful eye on him. Contractor had to get a jack hammer and take out a front porch he poured after my husband came and told him the porch should be lower than the foundation for the new master bedroom/bath and entry. He poured a foundation for the bedroom,bath and entry that measured about 23 x 40 and hubby had to tell him to get a screed board to level it. Said he could do it with his eye. He made a form to pour part of that huge area and after screeding it (with hubby helping) he took the darn forms up before it was set. It oozed to the middle of the area. He had to re-do that. We had new windows installed (we bought them). He had said he could install new windows cheaper than work around the old ones (we installed all new siding on the house). Said he'd do if for free since it was cheaper. Every single thing he listed on his lien with the exception of the windows was money he was out to re-do his screw ups. His original contract with us also stated that if there was additional work done, then a new contract would be drawn up for that. We never signed any other contract. THIS is just one of the reasons he had no cause to file a lien. The day after I got my husband out of the hospital from a heart attack (this is how bad the contractor was) this A-hole came to get the balance of what we owed (which we wrote to the concrete company - he hadn't paid them yet) and then said we owed more money and if not paid, he'd file a lien. Hubby was about to go back in the hospital (after decking him LOL) so I made him go in the bedroom.
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