SUFFOLK
Brian Milless was traveling to Japan for a military deployment when he learned a tornado had destroyed his home. He flew back to Virginia two days later to be with his wife and three children.
As they sorted through the rubble and prepared to demolish what was left of their 1,659-square-foot home, the Millesses were approached with a surprising offer. Angela Koncz, director of the Fuller Center for Housing Suffolk, said her organization wanted to rebuild the structure for free.
The couple cried, hugged Koncz and told her they had full insurance coverage for the loss. Later, they agreed to allow the Fuller Center to construct their replacement home with the proceeds.
Fourteen months have passed and the family is still living in rental housing, according to a Circuit Court complaint. The house Brian and Charity Milless are waiting to move into is so poorly built, the lawsuit says, that a structural engineer suggested "starting from scratch."
The lawsuit, filed by the couple last month, accuses Koncz and the organizations she represented of breach of contract and failing to account for how the insurance money was used.
In addition to Koncz, Georgia-based Fuller Center for Housing, the affiliated Fuller Center for Housing Suffolk and Welcome Home CDC, of which Koncz is CEO, are listed as defendants.
The Millesses are seeking $375,000 in compensatory and punitive damages. They're also asking for the removal of a mechanic's lien Koncz obtained in November shortly after Brian Milless refused to deposit a check of more than $28,000 released by his mortgage company.
The Millesses deny owing any money when the lien was filed. The amount claimed - $192,146 - is more than what's listed in their contract with Koncz and is "grossly and intentionally overstated," the lawsuit says.
The couple did not respond to a message forwarded through their attorneys, Alex Mayo Jr. and Scott Flax. Mayo and Flax declined to speak about the case.
When asked about the lawsuit, Koncz released the following statement:
"The Fuller Center Suffolk and Welcome Home CDC, along with its numerous and generous volunteers, including Mr. Milless's... shipmates, have acted in good faith and have made every effort to help the Milless family. Due to the tireless efforts of our volunteers and the generosity of our suppliers, the Millesses are receiving a home that is much more valuable than the one they lost in the tornado. We have been ready, and willing to complete the construction on the Milless home. We have done absolutely nothing wrong."
The lawsuit alleges that Brian Milless met Koncz on or about May 2, 2008, four days after a tornado struck Burnetts Mill and surrounding neighborhoods.
He was sifting through the remains of his home on Burnetts Court when a group of people showed up wearing shirts with the name "Fuller Center." Koncz introduced herself and said her volunteers wanted to help. Milless accepted.
It was either that day or the next that Koncz offered the use of demolition equipment and the opportunity to rebuild for free, the suit says. The Millesses knew only what Koncz told them about the Fuller Center, a nonprofit Christian housing ministry, and its Suffolk affiliate.
The contract, signed May 20, 2008, called for the Millesses to pay Koncz $170,150 for materials and labor used to rebuild their home, a shed and fence. It also said that Charity Milless and Koncz would meet weekly to discuss invoices and the joint checking account where insurance money was to be placed. The construction deadline was set for Nov. 30.
Between June and October 2008, Koncz spent about $70,000 in checks and debit card transactions from the bank account set up for the reconstruction, the suit says. She changed the address on the account to that of her own home and "resisted" giving the Millesses financial information, the lawsuit alleges. Koncz also failed to address the Millesses' concerns about the "pace, progress and quality" of the rebuilding effort, the suit says.
About late October, Koncz began asking the Millesses for more money, a request they ignored, the complaint says. The next month, she contacted their insurance and mortgage companies directly to ask for more money.
By mid-November, another $21,500 had been withdrawn by Koncz from the Millesses' bank account - money the lawsuit says was "not used to pay persons providing labor and materials." Less than $5 remained when the lien was claimed on the Millesses' property Nov. 18.
According to documents filed in Suffolk General District Court, two subcontractors - a plumber and an HVAC installer - said they were never paid for work performed at the Millesses' home.
The Fuller Center for Housing - the parent organization - learned about the rebuilding effort in the fall when the Millesses called to complain about the Suffolk affiliate, President David Snell said. There was nothing Snell's organization could do, he said, because the local affiliates - known as "covenant partners" - operate as stand-alone entities and raise their own money.
The project should not have been done under the Fuller Center name, Snell said, because that organization typically works with families without insurance. The Suffolk affiliate's ties with the organization could be in jeopardy, he added.
"This defies the way we do business," Snell said. "We're talking real seriously about their future with the Fuller Center."
No work has been done on the Millesses' home since November. A private structural inspection completed earlier this year found 26 areas of the home that need to be fixed before they will meet building codes and acceptable construction standards.
The construction is "poor" and repairs could cost as much as $100,000, Virginia Beach-based engineer Glenn Otto wrote in the inspection report.
"Attempting to fix the identified problems would result in an even worse looking and ill-fitted patchwork," Otto wrote. "In my experience, it is sometimes cheaper to start over than to do the 'surgery' required to correct the deficiencies."
Hattie Brown Garrow, (757) 222-5562, hattie.brown@pilotonline.com
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Google/Ba Da Bing
If you google or bing the names in this story, it is amazing. Yes, the homeowners are STILL listed on the Board of Directors for CDC as areadirector pointed out. The founder of the Fuller Center was one of the founders of Habitat for Humanity but was run out for sexually harassing the women who worked there. He started the Fuller Center but there were issues during the transition concerning missing funds etc. They should ask the reporters to do a little research on the internet when they report theses stories. The stories leave out the more important information which gives the full story.
Inspectors do have liablility
Most cities here have no frame inspection until the insulation is complete in the walls and the siding or brick likely is already installed. The inspectors can see almost nothing. It's no surprise that another house has been built below par.
We can meet and I will show
We can meet and I will show you exactly where it states the City, County, State, Code Offical, and Inspector can not be held liable for something missed on an inspection. It is the CONTRACTORS JOB to build the structure in accordance with the USBC. The only way the Code Offical can be held responsable is if they were NOT enforcing a certain building code as a rule. Do some homework before you make statments.
If you know what you are
If you know what you are looking for it isn't a problem
Website
Has anyone looked up the website for this company? Google Welcome Home CDC and click on the link Appreciation. It list the homeowners as Board of Directors. It is a sad case but like one poster stated nothing is free. The owners would of been much better off to utilize the insurance money and did research on local builders to rebuild. But for all you readers out there, go to the site. Quite interesting.
Think again, know-it-alls...
You folks need to understand how the city codes and inspection process works before you start blaming everyone else. IF the buider/construction company doesn't call for the inspections by the city, THEY DON'T HAPPEN! They are triggered by the permits that are supposed to be pulled by the contractor or the HOMEOWNER. Get it? Yes the people "rebuilding" that house were supposed to ensure they were adhering to code but if they don't, it is ultimately on the owner to make sure. Your propery doesn't meet code then you blame the construction company NOT THE CITY! You only get what you deserve when you don't take personal responsibility for your actions and try to do it "for free" Sad thing is, these people are out of a home. The Shister "do-gooders" are to blame but so are the home owners. You really need to know the law and the process before you take on a job like this...leave it to the insurance company...thats why you pay them every month...DUH!
Minimum code requirements cop out…
If it is proven that the city inspected and passed a building that did not meet the RBC as adopted and amended by the city, then to say it isn’t their responsibility is NOT acceptable. Then what the heck do we even have an approval, permitting, and inspection process? It is there to protect the “HEALTH AND WELFARE” of the “PUBLIC” (not the owner), and that includes future owners of said building. It is also the inspectors “JOB” to make sure the building is being built to the city “approved” drawings. Was this one?
When an inspector passes a building that doesn’t meet the IBC or RBC, then they ARE NOT protecting the public, which is their core doctrine, and ABSOLUTLY they should be held accountable!
Fist of all it is adopted by
Fist of all it is adopted by the STATE. Each locality has a Code Offical. The inspector are appoineted by the Code Offical. The inspector can't be held liable for anything missed on an inspection. The Code offical can. A Class A Contractor is responsable for building to at least the minimum code requirements. The Contractor is the one that should be held accountable. I am not sure why everyone want to blame the government and expects the government to babysit and take care of them. The city did not build this house. The inspectors are not there to babysit the people that are being PAID to build the structure. They are there to try and insure that the building codes have been met. No matter how you cut it up the old saying "You get what you pay for" holds true. I would suggest you read the USBC before you comment on how it works or should work. It is all in plain language. Do you think anyone would take a job where they were that responsable for a third parties actions?The Building Inspectors are trained to inspect for code violation. Contractor complain all the time that they are being picked on. It is not a great job. The pay is terrible and I don't know one building inspector tha
I will repeat myself in a different manner
I have read local municipal codes, IBC, and RBC, so grow up and stop the insults.
The local municipality can amend the building code thru an ordinance, see Suffolk Municipal code Sec. 14-36:
“If there is any conflict between any provision of this article and any other provision of this Code, the more stringent provisions shall be construed to control.”
Also, in reference to Suffolk Municipal code Sec. 14-38, it is incumbent upon the building official to indentify unsafe buildings.
So yes it is an inspectors “job” to make sure a building is built to approved drawings as well as the code. I have seen good inspectors bust contractors when they have deviated from the approved drawings.
I will agree inspectors are not paid enough, but 2 things really should change (but never will). Inspectors should be held to the same levels as Engineers and Architects, and their pay should reflect that level of expertise. That is how the local government would better protect its population.
I don't know one building
I don't know one building inspector that doesn't worry about missing something that could hurt or kill someone. That along with the pay and the threats make that job so enjoyable. Not to mention everyone in the world knows more than the inspector. So find someone else to blame. Try the people that were PAID to build the house. Read the requirements for a Class A contractor. The city has no liability in your house. Read a permit. Do you really think the government would open it's self up to such a liability?
Mishandled and taken advantage of
There is a rule that if you have insurance, any time you have an incident with insured property the first person you call is your insurance agent and let THEM handle things. That is what you pay all that money out in premiums for. Still these people were taken advantage of by someone knowing they and others would be susceptible at that time.
Ms. Koncz should be charged with fraud and jailed. People like her prey on people in difficult circumstances. They should have her out there in ankle chains cleaning up around the place.
Our friend lost his house to
Our friend lost his house to the tornado as well. It took him a while to get access to the property and he thinks looters might have picked through it. His builder called him immediately hoping for some new work, but not being impressed with the original quality I believe he started looking for a different builder. NO ONE would recommend their builder, all being dissatisfied. His original builder I believe then started to talk about suing for copyright if he built the same house or some sort. Housing bubble desperation was in the air. AFAIK it's fully rebuilt and they moved into the new digs, but haven't heard from him in a while.
the wolf got caught in the hen house.
As some one who has also had dealings with Miss Koncz let me say that I am not surprised.I hope the truth comes out and she gets run out of suffolk on a rail.
Unbelievable
"Angela Koncz, the CDC representative for the Miless family, promises the new house will be done by Nov. 24, in time for Thanksgiving." This is from the Navy.mil website in a story about the volunteers helping rebuild this house. It's ashame that despite using all the money, she couldn't keep her promise of having the house complete in a timely fashion. I'll make sure if my house is ever destroyed by a natural disaster to keep her name in mind so I can have no house, no money, and a lawsuit to deal. I'm sure that is just what this family needs right now to top off everything else.
sad story
Nothing in life is FREE-Just should have stuck with his insurane and maybe the family would be living in thier home by now. Sad story, always need to watch out for greedy people during tragic times!! Good luck!
Jackier83251
The article stated "A private structural inspection completed earlier this year found 26 areas of the home that need to be fixed before they will meet building codes and acceptable construction standards." If the structural engineer's report is correct, IT DIDN'T MEET BUILDING CODES, no matter how minimal they may be as you claim.
The State has a adopted the
The State has a adopted the International Residential Code with some changes. This code is called the Uniform Statewide Building Code. This code is the MINIUM STANDARDS allowed for structures in the state. That is the only thing the city checks when they are CALLED to come do an inspection at certain stages of construction. They don't just show up and do inspections whenever they want. So if the city was not called to do an inspection they will not do an inspection. It is also stated in the USBC the the contractor will build evryrthing in accordance with all applicable building codes. So stop blaming the city. When you hire someone to build something for you, it is ultimately YOUR job to watch them, not the city or county. You have to remeber that the inspectors are PEOPLE that have many buildings to inspect in a day. So having your own independant inspector isn't a bad idea. The more eyes on something the better chance you have on catching a problem.
Insurance - is there for a
Insurance - is there for a reason. Let them handle it and hire, unless you are a contractor yourself and can do it yourself. This had so many warning signs from the beginning. It is a shame because I am an insurance agent and one of our homes was also destroyed. They were back in their home and it was totally finished, by qualified contractors, within 5 months. I thought that was a pretty good turnaround time. And her rental was paid for by the insurance ("loss of use" on your home policies). Let the insurance companies do their job on their own. One less thing to worry about. And I hope this lady gets what's comin' to her legally. Karma is a B****.
WELL, WHAT DID YOU EXPECT?
AS SOON AS THE VOLUNTEERS MENTIONED CHRISTIAN MINISTRY, I WOULD HAVE SAID, " NO, GO AWAY!"
Building Inspector
I am a Building Inspector. First things first. Anyone or company that is a Class A contractor in the state of Virginia is responsable for constructing the structure to meet the minimum code requirements, even if the inspectors don't catch it. After the Footing/ Foundation inspection the next inspection required is the Framing inspection. There are no inspections in between for a house built on a slab. From the picture it appears this house is on a slab and not quite ready for a framing inspection. I can't believe that most people that comment here are expecting the city to save them from themselves. The city is there to try and make sure that the MINIMUM CODE REQUIREMENTS are met. The rest is on you. They can help a little if you have been ripped off, but they are not in the building business, and they are not there to keep you from making stupid decisions.