So what do you think happened here? Was Waller mixing with his for-profit company?
http://www.ebuild.com/articles/article.hwx/Q/articleId.449994
Contractors Sue Nonprofit Builder
By SUE SCHULTZ
HIGH POINT —- A builder once associated with Project Homestead was served with a lawsuit in January by four Greensboro contractors for nonpayment of work done on more than a dozen homes in south High Point. But the homeowners, some first–time buyers , may be the ones at risk with $18,000 in liens on more than a dozen homes. Grisselle Perez, a homeowner on Macedonia Way, said this week she knew nothing about liens on the property. Several other homeowners also said they didn’t know about the liens. Perez and her family moved into their home in June. According to court records, a lien of more than $1,500 was filed on the property in August. Liens filed after a home is sold may not be valid, said Bruce Ashley, a real estate and construction attorney with Greensboro– based Smith Moore , who is unaffiliated with the case. However, the lien still exists, and homeowners such as Perez may need to explain it in the future, Ashley said. “We are not planning to sell now, but when we do, we could have a problem,” Perez said. “We might have to get an attorney to correct this. Who would pay for that?” Share of North Carolina, a nonprofit builder founded by Bill Waller, began working with the city of High Point on the homes in 2003. The city gave Share about $142,500 worth of property —- roughly 28 lots —- to build affordable single–family homes in the Macedonia neighborhood as part of a revitalization effort. Providing a nonprofit builder with grant money, land or other incentives is common for governments working to redevelop an area, according to the U.S. Department of Housing and Urban Development. The city of High Point also helped several homeowners in the area with down–payment loans and mortgage assistance. City Attorney Fred Baggett declined to comment last week on whether the city would be liable in the case. Last month, Edward Lupo Plumbing, Connections Electric, Watts & Smith Plumbing and Comfort Management Heating & Air Conditioning filed a lawsuit against Waller, Share of North Carolina and Dynacom Development, Waller’s for–profit company. From Aug. 18 to Nov. 22, the contractors filed liens on several homes in Macedonia. According to court records, Walter Winchester, owner of Connections Electric, filed 10 liens totaling more than $10,000; Watts & Smith filed three liens totaling about $4,900; and Edward Lupo, owner of Edward Lupo Plumbing, filed four liens totaling more than $2,800. In an interview with the News & Record, Winchester said everything was fine until Waller started making partial payments on work and changed Winchester’s work invoices. He said that when he tried to question Waller , he was fired. Winchester said he learned of similar situations involving three other contractors. But in an interview with the News & Record, Waller said the allegations were false and the lawsuit is inaccurate. He said that according to his records, the subcontractors were paid in full and in some instances were overpaid. “When you do good things, people take shots at you,” Waller said. “This is complete fraud.” Waller’s attorney filed for an extension to answer the claims and is expected to file a response by Thursday. High Point officials have plans to work with Waller on homes in the West End and Southside communities. In the past, Waller has worked in other Triad communities, including building 50 to 60 homes in Greensboro with Project Homestead, a defunct nonprofit. Perez said she doesn’t think homeowners should be responsible for the liens involving the general contractor. “It’s sad that you trust someone to help homeowners and you get this,” Perez said.
every court needs a jester
Replies
Wonder if the bank closed the loans without a lien release from the GC. With no lien release at closing and the liens filed after close, the homeowwners may be liable, at least that is the case here in GA.
What's amazing to me is that a total of $18k in leins rates a news story. I've paid more than that to my lawyers in the last 3-4 months.
-- J.S.
Professor,
There is an old wise proverb that says "one man's story sounds good, until you hear the other side."
A ceramic tile installer, recently threatened liens, my construction manager told me to take care of the guy as he was refusing to do some small punch out work. I took care of him, producing his contract and canceled checks totaling payments equal to the contract. He had mistakenly billed me for ceramic tile laid in an excerscise room that had a rubber floor installed by others, and I caught the error in producing payroll. The issue was remedied by acurate records on our part.
This was the first hint or threat of a lien in our histroy of doing business, and I knew we were not at fault.
The builder in this case says he has paid the subs and has records. Who knows? It is wise to "hear the other side".
Yes, that's true.
The thought of four contractors at the same time kind of makes one lean toward the tradesmen but you never know.
Tried to find an update on the story but came up nil.
every court needs a jester
Tried to find an update on the story but came up nil.
If it is in the legal system, we may be waiting for months or years.
Right, 4 subs...probably a guilty builder.
Ask the Professor:
When I click "Unread messages to Me", I continually get a thread, but it contains no unread post to anyone, including me.
How do I keep it from popping up?
Give the puter a 10' slap across the room.
every court needs a jester
what thread?SamT
Anyone who doesn't take truth seriously in small matters cannot be trusted in large ones either. [Einstein] Tks, BossHogg.
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