Samson Construction, Tomas Dewitt, Hans Beck, Jeff Sudderth ripoff home construction contractor Parker Texas

CASE NO.06-09732

ADAM R. MILLER,

PLAINTIFF,

v.

THOMAS DEWITT AND HANS BECK
INDIVIDUALLY AND DBA SAMSON COMPANY;
SAMSON CONSTRUCTION; AND SAMSONCO AKA
SAMSONCO.COM

DEFENDANTS.

filed suit in dirstrict court (DC-06-09732)

1. hightechhalfprice.com, 1208 e bethany rd suite 2#210 allen tx 75002

2. autodriect sports and imports 1501 capital ave plano tx 75074,partner,david silvman 819 cornell ln allen tx 77002 D & B investments 1507 e capital suite 101 plano tx 75074, partner hans beck same address

3.the auto connection 710 e parker rd plano tx 75002, partner james hwang address same

4. hthp enterprises inc 1208 e bethany #2 #210 allen texas 75002,partner franicie spckey address unknown

5. prestige fence and deck co, 1532 farinudon plano tx 75075, partner angfloilue dewitt 2909 robin hill ln garland tx 75044

6. foneserv, 4710 e parker parker texas 75002

7.vipers and vettes lp, 1507 e capital ave #101 plano tx 75074, partner james hwang address same

8. lease-1, 1507 e capital ave #101 plano tx 75074, partner james hwang adress same

9. woodbridge investments, 13355 noel rd #500 dallas tx 75240, partner christopher antoine lytle 3105 kennison plano tx 75043

Miller Account . Xls
In/ Out Amount Balance Description
Disbursed To
In $3,500.00 $3,500.00 Initial Deposit
Deposit
Out $2,500.00 $1,000.00 Plan, Blue Prints, Misc. (approx 20HRS @ $125 per HR) Samson Construction
Out $3,500.00 $(2,500.00) 14 Days @ $250 Per day Foreman Supervise Demo for Miller Crew Samson Construction
In $12,500.00 $10,000.00 Working Capital Deposit
Out $1,500.00 $8,500.00 5 Days (2 Laborers @ $150 Per Day (Drew, Jeff) Samson Construction
Out $300.00 $8,200.00 Bobcat for Demo Of Slab Nation's Rent
Out $350.00 $7,850.00 Skilled Bobcat Operator 1 Full Day Samson Construction
Out $4,700.00 $3,150.00 Lay Perimeter Foundation and Piers Garcia Concrete/ Samson Cons.
In $4,700.00 $7,850.00 Deposit Deposit

Hold 20% $14,300.00 $(6,450.00) Contracting Fees For Entire Job Samson Construction

*Early $5,005.00 $2,845.00 Early Termination of Contract (Demo of Original Burn-Out
Termination Complete and Foundation ready for framing
of Contract Actual Refund
35% of Fee to Date Ameriquest
* See Disclosure attached to Contract

(972) 5164946 Main (817) 896-2295 Cell Hans (214) 882-3919 Cell Tommy (214) 4954403 Fax main www.samsonco.com
tommy@samsonco.com
Fax
Samson Construction, Inc.

To: Adam MillerI Home Owner
From
Thomas DeWitt
Fax: 214.368.8789
Pagw
6
Phone: Varies
Date:
November 22,2004
Re: Status of Contract
CC:
Randy Taub, Atty at Law
Urgent 0 For Review 0 Pleaae comment
0 Please Reply 0 Please Recycle


Mr. Miller,

Jeff Sudderth, Foreman for Samson Construction, stood at your proclaimed doorstep at your girlfriend's and the project sit. for 6 hours today waiting for you since you claimed to have need of Itembatlon, release of lien, etc. etc. We had a great talk with all your neighbors. Petitions will soon be nicely tucked away. Attached to thIs document are the documents to he forwarded you this mom whIch you never showed up for. Ameriquest will have the release of lien for the concrete work tomorrow as I am meeting with the sub to get that at 9:3OAM. The contract which you signed clearly states the payment schedule as we have not mIssed a beat, you sir are the one who spent $9000 on a tear-out that my crews had to finish due to the alcohol and dnag use of you and your crews. As a favor I was willing to contemplate the 50% mark before disbursement. From the past weeks accusations which are a meager attempt to extort more money from Ameriquest for your personal needs, and the fact you had to request more money from Ameriquest because you spent the foundation money thus changing the budget drastlcaily, I am forced to stay with the contract to the Ietter. Do you realize If we go Into a dispute and arbitration you have to provide an Itemization of your own to show where the monies (BK) went? Witness reports and bank statements will back up my claim, trust me. I know, your neighbors know, and tomorrow Ameriquest will know what you have been up to. if one negative word is

said to any regulatory committee or any one I do business with, my attorney will file suit against you and your property. I suggest you decide how you want to proceed from this point. I am willing to complete the project and end this argument, but the delays were because of you, and you caused an enormous domino effect in the scheduling. The rain Is not nearly as much a delay as the actions you made in attempting to do a job you had no business doing This is not a buIld, this Is a re-build or remodel which was your Idea from the beginning thus greatly changing permits, etc. If you change this to a now home build, your rebuild which harbors several grandfather protections will have a great change in requirements, and It will send you way out of budget. You are not the contractor, thIs Is what you hired us for. Luckily, any work this week Is legitimately delayed due to the rain (as have been the last two weeks) and Holiday. By next week, I need to know where we stand. I will not re-bid any part of thIs job, stick to your agreements and let's finish this project. I aiso left a massage at the contact # you gave me stating Jeff was waiting for you (214.327.0323). Let me know In writing

by email at or fax at 214-495-8403.
Thomas DeWitt

To: Samson construction (Thomas DeWitt) 9/20/2004
1108 B. Summit Avenue Suite #6
Piano TX 75074
Fax# (972) 516-9074 214 495 8403

From: Adam R. Miller
2140 Monterrey ave
Dallas Tx 75228
Phone # (214) 327-0323

CC: Ameriquest Mortgage Company
Loss draft department
14511 Myfordrd, Ste 200
Tustin, Ca 92780
Phone # 1(800) 213-6762
Fax ft (714)338-7530

RE: addendum to contract

As I stated, when you when we signed the contract, I am eliminating some parts of the rebuild or doing them myself

List:

1. Finish off work, interior painting and wall trim (materials -$1001.66). I will need to know how much to deduct from materials and labor.

2. Windows, remove 3: 1st window near den doorway (kitchen to den), 2nd window near rear doorway, and 3rd hall window. I will need to know how much to deduct from materials and labor.

3. Doors, do not mount any closet doors or door trim, do not mount bath 1, door or trim, and do not mount laundry door or trim. I will need to know how much to deduct from materials and labor.

4. HVAC and ducts, do not install, replacing with (4) heating and cooling window units (materials -$5,566.00). I will need to know how much to deduct from labor.

5. Landscaping installation (materials -1162.20)1 will need to know how much to deduct from labor.

6. Gas pipe installation, house will be all electric, I will need to know how much to deduct from materials and labor.

7. Kitchen: ruff in all pluming connections except kitchen sink: I will need to know how much to deduct from materials and labor.
This eliminates over $7729.86 in materials alone. I will also need you to bill me in a way that I can pick out the amounts covered by the extinctions of coverage's (see attached). Lastly, I would like to change the payment period, to where you're being paid the majority of the contract amount after 50% completion

Roof Replacement and Repair Gutters Custom Fence & Deck -~ Ceramicl Marblel Tile Floors and Baths
Paint Stain and Seal Concrete Drives and Patios Overhangs Gazebos Sheetrock Garages

Samson Construction Customer Name


Adam Miller
Let the hammer go to work for you Cutomers Address

2140 Monterey
General Contractor- New Home Construction
1108 E.Summit Avenue Suite 6, PIano, TX 75074
Office (972) 5164946 (972) 516-9074 FAX Dallas, TX 75228
We Also Specialize in:
Type Of Work: Build Approx 1200 Sq Ft Home to Spec- See Builder Plan
Note: All Utility Installs to be Electric NO GAS

Breakdown of Draws: Payment:

15,000.00
Sketch:

See Plans
1) Payment 1 Operating Capital 15,000.00
2) Payment 2 Demo! Foundation 8,834.00
3) Payment 3 Frame! Decking 11,917.00
4) Payment 4 Roof! Siding 11,916.00
5) Payment 5 Electrical! Plumb 11,917.00
6) Payment 6 SheetRock! Finish 11,916.00
7) 0.00
8) 0.00
9) 0.00
10' 0.00
Total Estimate: 71,500.00
Terms: See rea wn

Date Of Start: 91 20

Customer Signature:

Samson Signature:


Date: 9/16/2004 Complefion Dates:
Demolition: 9/29/2004
Foundation: 1016/20044
Frame/Deck: 10/20/20044
Roof/Siding: 1113120044
Elec./ Plumb: 11/24/2004
Drywall/Finsh: 12/15/2004


Customer:
Initial Boxes upon each completion Office UseOnly:
Date Completed:
Customer Satisfied?:
Neigh. Marketed:
Referrals:
1)
2)
3)

The Samson Group is a leader in design/build construction and restoration throughout the Metroplex of Dallas/Fort Worth. Our work encompasses everything from the smallest renovations to beautiful custom homes, estates and commercial buildings. With combined experience of over 100 years, our experience brings to clients first class workmanship with fast track capabilities from design to completion.

Preconstruction Services
With architectural design and construction personnel at our disposal, The Samson Group is capable of providing a wide range of services. There are advantages to bringing the general contractor into the pre-phase design and development of a project - both for the client and the architect. Cost effective alternatives and other valuable engineering ideas, discussed and explored during the preconstruction process can help to accomplish the objectives of the owner.

General Contracting Services
Samson Construction offers a broad range of general contracting services. We work as a team with the owner, architect, and engineer to bring your project in on time and within budget. Samson Construction accomplishes this goal by employing an expert staff with over 100 years of combined construction experience beginning with our estimating team and continuing with our project director/project manager/superintendent teams. We have proficient client-oriented administrative staffs who work diligently behind the scenes to efficiently keep the paperwork moving as the project itself.

Samson Construction works with most sub-contractors or our own teams and routinely assesses the craftsmanship delivered by these subcontractors to ensure our client's satisfaction.

Staff attendance at training seminars and conferences throughout the year keeps us knowledgeable in the use of innovative materials and building techniques.

The best time to engage the services of a general contractor is before the project begins. While a project is in the conceptual stage, our team of experts can review with the client the feasibility of the project, work up schedules for completion; prepare a budgetary analysis giving the client a clear understanding of the project - including any potential opportunities and challenges.

Construction Management
Your Samson Construction team acts as your representative for the duration of the project, working with the architect and engineer to provide the best possible project outcome for you the client. We provide a complete management team at every stage of the project beginning with the original concept through pre-planning, design, engineering, procurement, construction and closeout.
ABOUT US


Samson Construction Company is a general contractor and construction management company dedicated to bringing life into our clients' visions.

Employing an integrated approach to every construction project, Samson puts the client first. Samson takes the time to know and understand our clients, thus allowing us to start each project with a clear picture of a particular vision and expectation. First Impressions are top priority with Samson. From the first time we walk through your door or when you visit our Plano office, you will feel like you needs are listened to and we will spend time with you to make you feel comfortable with your decisions. Whether the project is traditional bid, guaranteed maximum price, or design-build, Samson is committed to making sure our clients are satisfied with the process, the outcome and the value for their construction dollar.

Samson delivers results by combining technical expertise as a general contractor with the best management skills and tools. Each professional on Samson's team brings years of experience, predictability, accountability and control to the construction process. Outdoor construction is our specialty. No Subs here. Samson's in house team designs and builds our client's dream deck, overhang, or fence to their specifications. Nobody, nobody can touch the quality or time Samson puts into their Exterior Construction.

Samson Construction Company's Client-Oriented Approach

Client Approach

Samson Construction Company employs an integrated process that puts you - the client - at the center. Your needs and your point of view help us with every decision we make on your behalf from pre-construction until finish. We combine this client-first approach with construction and management expertise, problem solving, accessible communication, and advance notice for scheduling, safety first attitude, and a timely finish-out service. Our reputation and our client base have accounted for steady,

NEW HOME CONSTRUCTION
This section is coming soon - it is currently being updated with new information and pictures.

SUNROOMS
We offer a variety of sunrooms and additions.

This Particular project, which combines a sunroom and a room addition, includes Dimensional Cedar Construction, Clear Acrylic Roof Paneling, Solid Custom Oak Walls, Picture Framing, Paneling, Entertainment Center and Floors, Fully Interactive Media Center including a 42" plasma and Bose Lifestyle System, Custom French Doors with dustless inserted Mini-Blinds, Mechanical Shades that can seal off all incoming panel light from the ceiling, and finally a gorgeous Casa Blanca Ceiling Fan. no contact numbers

ROOFING

A roof's structure is its first line of defense against the elements. Samson works with all the common roofing systems; standing seam, corrugated steel, slate, cedar shakes, and asphalt.

No matter how many chimneys, dormers, or valleys your house or building may have, we can seamlessly incorporate your roofing of choice.

If you need new construction, roofing replacement, or simply finding and fixing a leak, Samson is ready to serve you. Our experience, knowledge, and dedication to client satisfaction are present in every aspect of our work. no contact #'s

My name is Thomas DeWitt and I am the President of Samson Construction.

First off, Garcia Concrete was paid and I have a valid release of lien dated 11/23/04, which was only two weeks after the installation of the foundation and way before net 30.

Second, you vetoed the demoltion on the day my crew showed up to do the demolition, causing me great time and money. The reason Jeff Sudderth, my foreman, was on your property for almost three weeks (which was a 1 day job for an experienced crew) was because I was contracted to do that work. The bid was actually 6K, not 8K as in your complaint. During the process of those 3 weeks, Jeff and your neighbors witnessed excessive drinking and drug use. You yourself never had anything in your hand but beer and daily a white vehicle showed up to sell drugs to you and your workers. Jeff was there to monitor the job, not intervene, and to express to your neighbors and any law enforcement that we did not condone the actions happening on your jobsite. Readers may email me or respond to get the names of the witnesses interested in this case. As my foreman, it costs me a minimum of $250 a day to have Jeff on a jobsite, not counting the time I put into it and time lost on other contracts.

The charges are legitimate. The only reason you decided to fire us and become your contractor was becuase you needed the money or felt you found some one cheaper that would kick you back funds and fraud the insurance company as you asked me to do repeatedly.

As to the floor joists, that was above and beyond the scope of the initial bid and you assured us that they were fine prior to taking on the job. The only project not completed in our first draw was the framing and you were to pay another draw upon completion of that which you refused claiming you were becoming your own contractor.

In regards to all the issues in Miller's claims: We charged him fairly, we tried to work through impossible situations with him, we lived in great fear that we would be invloved in a drug raid, and recommend anyone looking at or interested in this case talk to Miller's nieghbors, laborers that worked for him, and us before stepping into this mess.

Have a great a prosperous 2005.

TRCC Main Menu > Registration Menu > Records Search > Search Builders

Builder Information

Builder Name:
Samson Construction, Inc.
Registration Number:
18395
Registrant Status:
Expired

-------------------------
Current Address Information:
4710 East Parker
Allen, TX 75002
Previous Address Information:

Business Phone:
972-516-8946

Fax:
------------------------

Registered Agent(s):
Thomas Dewitt

Number of Homes Registered:
0
Number of SIRP Requests:
0
Percentage of SIRP Requests to Homes:
0 %

Contact Us Last DB Update: 3/11/2005 12:00:05 PM 3/28/2005 8:32:26 AM

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DATE: MARCH 25, 2005

TO: SAMSON CONSTRUCTION, INC.,
THOMAS DEWITT, PRESIDENT
HANS BECK, VICE PRESIDENT
RANDY TAUB, ATTORNEY


F I N A L N O T I C E

RE: TEXAS DECEPTIVE TRADE PRACTICES ACT VIOLATIONS FOR THE HOME REBUILD AT 2140 MONTERREY DALLAS TEXAS 75228

THIS IS A FINAL FORMAL NOTICE in follow up to previous written and verbal notices to you about the rebuild of my home at 2140 Monterrey in Dallas.

PLEASE TAKE NOTICE THAT under the TEX. BUS. & COM. CODE you are liable for failure to provide the agreed construction services and necessary work to be performed to rebuild my home after the fire loss I had July 5, 2004 as follows:

1.Misrepresenting the company's knowledge, prior experience, and capability to properly rebuild my home and restore it to pre-loss condition;

2. the scope of work to be performed and accepting a deposit for so called operating expenses when the company in fact had not made the usual and customary structurally detailed plans necessary to estimate the costs or to perform any such work;

3.Falsely stating cost amounts estimated for construction for the sole purpose to abscond with the initial deposit of funds, taking advantage to a grossly unfair degree, in relation to the value of the services pretended to be offered;

4.Providing builder site plans lacking in detail and insufficient to meet even the minimum requirements for permits to rebuild, exhibiting lack of familiarity with the city construction codes and inspection requirements;

5.Failing to detail cost breakdowns for all construction items, including those for electrical layout and lighting, the plumbing and required specifications for utility installs, the roofing and external specifications, the hvac, the minimum egress for all bedrooms, and any revisions to add framing specifications to the floor plan given to you;

6.Falsely naming the subcontractors to be on site and failure to provide requested licenses, references and bonding information or any proof of the subcontractors' specialized knowledge about costs;

7.Refusal to provide engineering report for existing foundation, including the plot survey and framing specifications;

8. Engaging in tactics to grossly inflate so called operating expenses by posting a person outside the site and charging fees not disclosed for his presence while he performed no services;

9.Enlisting the services of day workers on site and falsely billing their services at grossly inflated rates for unskilled labor and for services not authorized or not performed to retain as so called operating expenses;

10.Refusal to refund the deposit after your failure to deliver construction services
in the reasonable workmanlike manner required to initiate a rebuild after a total fire loss.


This is your last notice after several notices demanding that you refund in full the initial deposit paid to you($19,700 without permits for foundation) if this is paid within 30 days i will limit punitive damages to 20k or less . If you fail to respond WITHIN 30 DAYS, I will have no alternative but to pursue treble damages and other remedies in court against you.

Adam R. Miller, Homeowner

Mr. Dewitt in response to my complaints of, thief by contract, breach of contract, failure to preform, deceptive trade practices, etc, he sent a fraudulently inflated accounting (note he hired two of my crew and claims that he paid them $150 per day for lite site prep work, where as i paid them $6.00 an hour heavy work), made claims that i was involved in or permitted my crew to be drunk or high, and other things that are untrue and have nothing to do with his remaining parts of the rebuild. He claim that he spent $1000 for blueprints, $3500 for Jeff to sleep in his car, added $150 to the bobcat, and a 35% undisclosed early termination of contract fee.

At this point I'm willing to settle but kind of hope a can sue the pants off them. A settlement would include returning 14k that was stolen and 20k in punitive damages for at total of 34k

First day of the demolition Jeff was at my site/house, i was unsure why but he wasn't on my payroll, he'd sit around the site listening to tunes or sleeping in his car and i ignored him for the most part. It took about 12 days to bring the house down to its foundation and floor joist. I look at the exposed floor joist, they were destroyed by insects, i told Jeff that i was pulling them out, he said no, that we might need to reuse them in the rebuild. This is where i really start to worry because now Mr. Dewitt has 15k of mine. I vetoed using the bug infested floor joist, then i found out that i needed to remove part of a slab at the rear of the house( this is the first time Samson construction does any work ), Mr. Dewitt says it will only cost $500 for the bobcat and driver if the slab is broken up first, and i agree to that amount and to brake up the slab. Then I'm told that the concrete sub would start with in 7 days but he needed the $4700 to pay the sub, so i call the mortgage company and get the needed funds, partly because Mr. Dewitt told me that he had already spent the 15k on lumber and materials for the build-up, later i would find that Mr. Dewitt hadn't done anything and that the concrete sub was about to put a lien on my property.