Fernando Batista FEBA Corp Contractor took 3 Draws and failed to do work paid for Dallas, Texas

February 10, 2011  
 In early July, Fernando Batista was asked to give me an estimate on the repairs to 2 properties I purchased from a foreclosed builder. I issues Mr. Batista check number 991 in the amount of 10,000.00 to complete; Demolition, Insulation, Balcony reconstruction and roof repair.  
On July 17th I issued Mr. Batista check number 992 in the amount of 8,800.00 to complete; Stucco and brick on the exterior.  
To date the balcony has not been completed and no roof repair has been done.
Demolition was completed.  
Insulation was installed along with the sheetrock I purchased. He was instructed to wait for the sheetrock installation until the energy inspection required by code, he chose to ignore this order.
The energy inspector failed the inspection the pictures show why. It was deemed improperly installed. Mr. Batista was instructed to remove the sheetrock so that the insulation could be further inspected and repaired. Mr. Batista refused, and then hired his own inspector to pass the inspection. The inspector’s certification is enclosed.   Jack Foster, the city of Little Elm Building inspector noticed that the Stucco on the exterior second floor as not an approved method of installation of stucco, which was contracted for. What I found out was actually a product called EIFS, which is a thin layer of stucco over Styrofoam. This, by ordinance, is not allowed in the City of Little Elm. I was told to remove it and install a proper stucco installation. I paid 300.00 to remove the EIFS.  Mr. Batista was informed of this and was told he should have checked with the city. I told him that it was his job and not only that; it is not what I asked for. I demanded he pay for the removal and reinstallation, he refused. We negotiated a 3 way split of the 6000.00 to reinstall, 1/3 by me, 1/3 by him and 1/3 by his subcontractor.  The subcontractor refused. We then agreed to pay half the cost each. As of today I have not seen the 3000.00 for the reinstallation. As that deal is now void I want it all back.  I have contracted to have it reinstalled at a cost of 4800.00 and it is awaiting the second inspection today by Mr. Foster.   Mr. Foster also noted that the brick that was installed is falling off the area above the garage,  Mr. Batista was notified and has thus far not had it repaired by the subcontractor he hired to do the brick work. I am expecting an estimate to repair it, I expect it will be close to 1000.00 to have it done. The exact estimate to follow soon.   Mr. Batista was also asked to repair the water lines in the house and I was billed 850.00 for this effort. When the water was turned on the house had multiple blown lines requiring me  to repair them, leaving me to conclude that he never did what was requested and billed me anyway.   Next Mr. Batista said he was ready for draw 3 which was for interior and exterior painting, soffits and trims. There were also, 3 additions of extra work for   1. Windows, moving in the kitchen 2. Vent installation for the dryer 3. Removal and replacement of the back French door.   In writing this, I just noticed I was not only double billed, It was overcharged by 275.00. I was also double billed for the water line installation at a cost of 650.00   The original invoice included items already paid for in previous draws and were excluded. I issued check number 1022 I the amount of 10,250.00 for Exterior painting Interior painting Soffits and Trim As well as the 3 additional items Windows (2) Vents Doors (rear)   The Windows were the double bill.   After Many requests for progress, Mr. Batista said he could not proceed unless I paid him more money for him to put in doors and trim as he could not paint the interior without them. I personally installed doors and trim and too this moment he has still not proceeded.  He told me a soon as “I get some money, I will paint it”, as I have already paid him, I can only assume he has misappropriated my money elsewhere.  

On Monday the 7th of this month, I sent the enclosed email demanding the return of my money. As the check was issued on September 3rd  2010, I believe I have exhausted what would be considered reasonable time for him to complete what i have paid for.   I have hired new contractors and have done most of the repairs myself.   In conclusion, I have paid Mr. Batista a total of $ 30,975.00 For which paid For Exterior brick, insulation, and sheetrock installation for a total contractor cost of   Brick 3800.00 Insulation 500.00 Sheetrock 2200.00 Waterline repair, cleanout repair, hot water heater hookup 850.00 Window removal and replacement 425.00 Back door replacement 400.00 Dryer Vents 400.00   For a total of 8575.00   I want the rest back. I pray that you see the fraud that I am a victim to and assist me in bringing charges against Mr. Batista in hopes of gaining a judgment against him for at least the 22,400.00 that was taken from me, as well as any additional damages this delay has cost to my name and my credibility with my investors that are now ready to sue me.