Meghan
Evergreen Park,#2Consumer Comment
Tue, December 14, 2004
Thank you for all the helpful information. We are filing a complaint with the states attorney right now. I appreciate all your information. We have fired Momax in writing, they hadn't done any work since the first week in September. We just moved back into our house last Thursday. Our addition isn't completed yet, but liveable. I am going to be trying to contact the villages/cities of people who have reported on this site. I totally appreciate everyone's suggestions, and if we work together maybe we can get something done. By the way, my baby is doing great - thanks for asking! He's almost three months old. Just think - I was promised my addition would be totally done WAY before he was born. What a nightmare!!! I'll be posting any new info. when I get it!
Jennifer
Willow Springs,#3Consumer Suggestion
Mon, December 13, 2004
Meghan, Sorry, but not surprised, to hear you are in the same situation we are. You posted your story just a week after our saga began and we've been wondering how things had gone for you. When is the last time that any work was done on your house? And the last time you heard anything back from Fred? And how is your baby?!! Your lien situation sounds horrible. We were told all along that Momax uses all its own employees, not subcontractors. We know 2 other customers who were also specifically told that. What did your salesperson and Fred tell you about that? Momax was supposed to have provided you a contractor's sworn statement with the names and addresses of all subcontractors and suppliers of materials (with names, addresses, amounts due them, etc). It's required by Illinois law. Did they ever provide you with one? How about lien waivers? (That assumes, of course, that you knew the workers were subs and were therefore given opportunity to request lien waivers). We were never given a contractor's statement, despite specific requests to Fred for one. If you were not specifically informed (I believe in writing) of the names/addresses/nature of work/amount due for work either by Momax or by the drywallers, you may be able to get out of the lien. The law states that the subs are obligated to provide this information within the first 60 days of providing materials/labor in order to preserve their lien rights. Also, if the drywallers are using the name of a "company", you might want to check to see if it is a company that is incorporated. If it isn't (it's just a "doing business as"), the name of the company is supposed to be registered with the county in which it is located. If it's not a registered, known company, that might also interefere with their lien rights. Just a few ideas of things to check... Don't know if it'll help, since the law in Illinois is really designed to protect subs and to heck with consumers like us who have been deliberately defrauded. We are proceeding full steam ahead with our suit. We've also contacted the Illinois Attorney General and urge you to do the same. The more complaints she sees about Momax, the more likely it is that the Attorney General's office will file a suit against Momax/Fred. If you could let us know some answers to the above questions (and if you have additional ones for us) - perhaps some of this shared info will help each of us in our suits.