The complaint has been investigated and
resolved to the customer's satisfactionResolved Weiss Homes — Fraud & Breach of Contract
resolved to the customer's satisfaction
Just a couple of highlights. Weiss Homes built the roof with pitch in 2 areas that did not agree to the CAD's they provided at closing. When this was discovered and questioned they chose to lie about the error saying the CAD's were wrong. They weren't "wrong" at closing and they weren't "wrong" on the job site. Somehow the crew "knew" the CAD's were"wrong" and built them "right"?
Weiss Homes didn't install the insulation they promised according to the contract. This was discovered after the siding had commenced. When brought to their attention they said "you'll get it". When asked how, they said "we will not remove any material already installed" and "we don't have to tell you how we are going to do this". During the course of the case, an investigation uncovered other homes that were similarly under-insulated according to their contracts with Weiss Homes.
The owner, David Hill Weiss, and his wife/general counsel for the company, Rita Shell Weiss, would not take calls or allow messages to be taken by their staff from the homeowners. In fact, they instructed all staff not to speak with them and to inform the homeowners they will only accept written communication, which was also in violation of their contract. Rather than discuss resolutions with their customer, they chose to themselves and wondered why a draw check was then canceled. Rather than call, they simply filed a lien against the property for more than $100, 000 of work they had not even performed when they filed the lien.
They ceased construction during the winter, leaving the house partially uninsulated, and with most of the siding not installed. They claimed they were "locked out of the house". Yet, they never requested permission to access the property. They chose to hide behind attorneys. A lawsuit was the only way to combat the lien filed by Weiss Homes. Trial by jury convened in Berrien County, MI civil court with Judge Dewayne in may 2009. Weiss Homes was found guilty of breach of contract and fraud. They were also awarded $0 for their lien. Weiss Homes was represented by Philip Edward Kalamaros of Hunt, Suedohff, Kalamaros, LLP. Weiss Homes has not payed the judgment ordered by the jury and signed by the judge, although the due date for payment has passed.