[CLC-Discussion] Contingency Case in Volusia

Tue Jul 25 13:30:11 PDT 2023

CLC Friends,

I briefly represented/advised a very nice family who experience some tornado damage in DeLand (Volusia County) and they were having trouble with their contractor, who is primarily a restoration contractor, but agreed to convert he home from one to two story and make other changes.   The biggest problem at the time was delay moving from demo to construction.   They elected to proceed on their own after promises from the contractor.  They’ve now asked if I know anyone that takes these kinds of cases on contingency because it has turned into a nightmare for them.   My firm simply does not have the capacity for such an endeavor right now.  I can say that I found them to be very nice and reasonable people while I worked with them.   If you, or someone you know takes these kinds of cases on contingency, please let me know.  If you are interested, I edited the email to remove names, but will forward the names of the parties for conflict check purposes upon request.    The property is in DeLand (Volusia County) and the contractor is in Orange County.   The writer of the email is Billy, the adult son of the owner.  The plan was to move in with mom as she ages to help care for her and the home.

Sent: Tuesday, July 25, 2023 9:37 AM
To: Robert Doan <robert.doan at cobbcole.com>
Cc: Heather Flores <heather.flores at cobbcole.com>;
Subject: RE: message

Mr. Doan,

You absolutely have permission.  Thank you so much for taking a moment to try and help us.  The kindness is truly and deeply appreciated.

Thank you

Cell: (386)
Email:

[cid:constructionlaw_7ab6c3d7-3a03-4936-8963-fa75b9540868.png]  Robert Doan
Board Certified Construction Attorney
Supreme Court Certified Circuit Civil Mediator
Cobb Cole
231 North Woodland Boulevard
DeLand, FL 32720
(D) 386-736-7700 | (F) 386-785-1549
Website<https://cobbcole.com/> | Bio<https://cobbcole.com/attorney/robert-e-doan/>

From: Robert Doan<mailto:robert.doan at cobbcole.com>
Sent: Tuesday, July 25, 2023 9:10 AM
To:
Cc: Heather Flores<mailto:heather.flores at cobbcole.com>;
Subject: RE: message

Billy,

I am really sorry to hear what you are going through.   With your permission, I’ll reach out to a few folks and share some of the details and see if anyone can take it on contingency.

[cid:constructionlaw_7ab6c3d7-3a03-4936-8963-fa75b9540868.png]

Robert Doan
Board Certified Construction Attorney
Supreme Court Certified Circuit Civil Mediator
Cobb Cole
231 North Woodland Boulevard
DeLand, FL 32720
(D) 386-736-7700 | (F) 386-785-1549
Website<https://cobbcole.com/> | Bio<https://cobbcole.com/attorney/robert-e-doan/>

From:
Sent: Monday, July 24, 2023 10:29 PM
To: Robert Doan <robert.doan at cobbcole.com<mailto:robert.doan at cobbcole.com>>
Cc: Heather Flores <heather.flores at cobbcole.com<mailto:heather.flores at cobbcole.com>>;
Subject: RE: message

Mr. Doan and Ms. Flores,

Good evening, we hope this letter finds you well.

The quick ask: We were hoping to seek advice from you on someone who could take us on with a contingency fee arrangement- or at least allow us to pay once we are in our home and have money to give.

We are still without a livable home at 931 Village Lake Dr S.  We have done as much as we can to keep the project moving.  Windows and their installation have been paid out of pocket- $13k.  The electrical and plumbing (stated covered by contractor in their “sworn accounting” to you) have been completely paid out of pocket- $10k for electric and $11k for plumbing. Beyond out-of-pocket demands, they have resorted to contracting service providers, agreeing to terms, and just sending us the bill for the contracts they have signed.  We are overwhelmed.

Since we last spoke we were able to get a copy of the original, itemized agreement and it details so much more that they have decided not to follow through with- including that they were responsible for paying the tree service and should not have forced Dottie to cut a separate $11k check.  There are storage trailers they were supposed to be storing HVAC, water tanks, a garden tub, fixtures, and more in to “R&R” them(also for a cost) but now these items are nowhere to be found and they never did obtain trailers at the outset.  Now we are paying for them out of pocket too.  The kitchen they budgeted in to their original agreement is now also coming from our pocket.    It seems they took things we already had, damaged what was left, and now are holding the home ransom for us to either give up on or be completely priced out of getting back from them….and, honestly, letting them take everything at this point does feel like an option since so much has been squeezed from us.   We are looking at $110k out of pocket in addition to the $180k with contractor…$290k for a $250k house seems…. wrong.

We have not bene able to get a signed version of the revision and Dottie has no recollection of signing it and was not provided with a copy.  We have also seen where they have outright changed dates on documents that, luckily, we have originals on.

We simply want to be made whole with a livable home, we have never wanted to “get rich” off their mistreatment.   Their mistreatment though is costing us dearly with years of unnecessary rent, our out-of-pocket purchase of a trailer to store belongings, and ever growing out of pocket expenses… We know we have been taken advantage of and we need someone who will help.

If you know such a person who could take the case without funds upfront, we would be beyond grateful.  We were also trying to locate the videos of the damage they caused by not securing the property that you had taken but couldn’t seem to locate them in previous attachments. We believe you are the absolute best that money can buy but we simply do not have that kind of money at our disposal currently but would trust that whomever you might know who had a heart to help would be just as wonderful in helping right our situation.

Thank you

Billy
Cell: (386) 717
Email:

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