Southway Building Corporation Fraud and Deceit by Southway Building Corporation in Ocala Florida Ocala Florida

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.