Report: #517048

Complaint Review: Weiss Homes, Inc

  • Submitted: Thu, October 29, 2009
  • Updated: Wed, November 04, 2009
  • Reported By: brotherskeeper — South Bend Indiana USA
  • Weiss Homes, Inc
    828 East Jefferson Blvd
    South Bend, Indiana
    United States of America

Weiss Homes, Inc Guilty of Breach of Contract & Fraud; class action investigation beginning South Bend, Indiana

*Author of original report: Judgement Paid

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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 conspire 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"? 3 employees and their subcontractor joined in to push this lie.


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".


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.


The concrete driveway they poured had massive cavities underneath it within 45 days of it being installed which they claim was due to erosion caused by rain. However, the concrete was poured in November!


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 also 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. Weiss Homes filed nearly 2 dozen motions in the year and a half until 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.


Attorneys for Rita Shell Weiss argued she only had contact with the homeowners in her professional capacity as general counsel for Weiss Homes. However, David Hill Weiss defied her affidavit under oath when he stated she personally wrote more than 20 letters which contained Bible verses believed to have been written to intimidate them. These letters were all typewritten on official company letterhead yet had no signature identifying the author. They contained no references to the house our the disputes. Rita Shell Weiss was not present for the trial.


During the course of the case, an investigation uncovered other homes that were similarly underinsulated according to their contracts with Weiss Homes. However, when this was brought tho the attention of David Hill Weiss, it was ignored, except that they have since changed their contract so as to avoid further liability. This was also not the first time they had been questioned on the insulation promised in the contract.


Weiss Homes has yet to show proper sense of responsibility to these homeowners or the community at large. Attorneys have recently been retained "to investigate a potential class action claim against Weiss Homes relating to violations of the residential construction contract".
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#1 Author of original report

Judgement Paid

AUTHOR: brotherskeeper - (USA)

Weiss Homes has now paid the judgment per the court's order.

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