- Report: #340489
Complaint Review: Southway Building Corporation - Ocala Florida
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Southway Building Corporation
3225 NE 14 Th Street Ocala, 34470 Florida, U.S.A.
Phone:
352-629-9162
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Southway Building Corporation Fraud and Deceit by Southway Building Corporation in Ocala Florida Ocala Florida
I saw an ad in the yellow pages for construction manager and i contacted the company and spoke to the owner peter zarcone who said that he could manage my construction for $25,000.00 per home.
I found three lots and went into contract to purchase and i gave deposits to southway building corporation a total of $75,000.00 between september 12th and october 23rd of 2006 for blueprints, surveys and permit fees.
Mr. zarcone applied for the permits and they were declined because his permit privileges were suspended because he completed a renovation job and never even got a permit.
When i found out the reason why the permits were declined i told him to return my deposit and he refused, instead he had his lawyer lewis dinkins send me a letter stating that i owed money to southway building corporation because i cancelled the contract.
I filed a suit against southway building corporation and the judge gave southway a default judgement against me for one million dollars claiming that I damaged his status in the community by filing a complaint with the attorney general's office. The next phase of the case is the punitive damage phase.
The contractor got a default judgement against me based on false testimony and the state attorney has refused to arrest this contractor, and I wrote to the governor to appoint a special prosecotor and the governor sent a letter saying that he will not second guess the state attorney.
I ask my attorney why this contractor is not arrested and my attorney say no one wants to prosecute Mr zarcone. Word on the street is Mr zarcone is the straw owner of southway building corporation and the real owner is a marion county public official.
When i went to court and southway's attorney saw that one of my witness was the licensing supervisor of the building department he filed a motion to block my witnesses claiming that they will be prejudicial to his client.
The judge then called a meeting of the attorneys in his chamber and about an hour later my attorney came out of the room and told me that they are getting ready to enter a judgement against me and I have to settle and the contractor will not settle unless I pay him $110,000.00 and that she has seen worst, and her husband works for the state attorney's office.
I got a new attorney from outside of town and he went through the papers that my former attorney filed and didn't find any reply from the judge on some of the motions and when he checked the court house file the motions were not in the file which meant that they were never filed. Word on the street is judge singbush and lewis dinkins had been friends fo many years.
Everett
White Plains, New York
U.S.A.
I found three lots and went into contract to purchase and i gave deposits to southway building corporation a total of $75,000.00 between september 12th and october 23rd of 2006 for blueprints, surveys and permit fees.
Mr. zarcone applied for the permits and they were declined because his permit privileges were suspended because he completed a renovation job and never even got a permit.
When i found out the reason why the permits were declined i told him to return my deposit and he refused, instead he had his lawyer lewis dinkins send me a letter stating that i owed money to southway building corporation because i cancelled the contract.
I filed a suit against southway building corporation and the judge gave southway a default judgement against me for one million dollars claiming that I damaged his status in the community by filing a complaint with the attorney general's office. The next phase of the case is the punitive damage phase.
The contractor got a default judgement against me based on false testimony and the state attorney has refused to arrest this contractor, and I wrote to the governor to appoint a special prosecotor and the governor sent a letter saying that he will not second guess the state attorney.
I ask my attorney why this contractor is not arrested and my attorney say no one wants to prosecute Mr zarcone. Word on the street is Mr zarcone is the straw owner of southway building corporation and the real owner is a marion county public official.
When i went to court and southway's attorney saw that one of my witness was the licensing supervisor of the building department he filed a motion to block my witnesses claiming that they will be prejudicial to his client.
The judge then called a meeting of the attorneys in his chamber and about an hour later my attorney came out of the room and told me that they are getting ready to enter a judgement against me and I have to settle and the contractor will not settle unless I pay him $110,000.00 and that she has seen worst, and her husband works for the state attorney's office.
I got a new attorney from outside of town and he went through the papers that my former attorney filed and didn't find any reply from the judge on some of the motions and when he checked the court house file the motions were not in the file which meant that they were never filed. Word on the street is judge singbush and lewis dinkins had been friends fo many years.
Everett
White Plains, New York
U.S.A.
1 Updates & Rebuttals
Southway Building
Ocala,Florida,
USA
Southway Building Corporation Rebuttal
#2
Wed, September 16, 2009
In the Fall of 2006, Mr. Weaver (President/Owner of Goldstone Homes) approached me regarding an estimate for building 3 new homes in the west Ocala, FL area. We signed contracts and I collected a deposit of $75,000.00. Southway Building Corporation had plans drawn and stamped by an Architect/Engineer, and applied for building permits. We were complimented on the plans and specs by the building Department, but were told that they could not go any further without the Deeds to the 3 lots. SBC then contacted Mr. Weaver who stated that he "had bought the property several months ago." We called the Real Estate agent and she stated the "deal was never finalized, and there was no closing." It is my understanding that you cannot build on property you do not own.
In response to the permitting issue:
Around the same time SBC was beginning an interior remodeling project for a customer that lived out of town. The customer and I came to a verbal agreement that we would proceed with the remodel without permits. **This was a big mistake on my part.** I felt guilty and went ahead and pulled a permit for replacing drywall, doors and trim. The subcontractors I hired didn't feel it was necessary to pull their permits since the Building Department wouldn't be seeing their work anyway. We were almost completed with the job when the customer decided to tell the Building Department about not having everything listed on the permit. Southway Building Corporation was fined for not listing everything. Our permitting privilege was suspended until we paid the fine. The matter was also brought to the attention of the Licensing Board and the local newspaper printed a one-sided interview that we were not invited to.
By now the housing market in the Ocala area had slowed and Mr. Weaver began looking for a way to get out of the contract. He contacted me and said he wanted his partial deposit back. By this time SBC had the plans and specs complete, submitted for permits, had soil samples tested, surveyed the property, located the positioning of the new homes, coordinated with subcontractors with a schedule to perform, and ordered Roof trusses and supplies. After spending all of this time, effort and money on these three homes for Mr. Weaver, I went to my attorney for advice. He advised that Mr. Weaver was in Breach of Contract.
Mr. Weaver then filed a lawsuit with the court system but was denied because he was acting on his own suing a Corporation. (It is my understanding that Corporations cannot perform litigation without an attorney to represent them.) This suit was thrown out of court. A few months later, Mr. Weaver hired an attorney. We went to court, but Mr. Weaver was not satisfied with the outcome of those proceedings so he fired that attorney and hired another attorney. We went to the Judge's Chambers and Mr. Weaver was denied again. At this point, SBC counter sued for time, expense, aggravation, embarrassment, attorney's fees and court costs.
Mr. Weaver fired his attorney and hired yet another, creating yet another delay. The Judge decided that Mr. Weaver was in Breach of Contract and needed to pay punative damages. That amount has not yet been decided.
