Trumpet Builders and Land Services LLC

When we were approximately 10 months into the job and after making payment in full ($175,000) on pay application #7, submitted by Trumpet Builders, we discovered about 60 days later that they misappropriated about $135,000. Instead of paying a number of the subcontractors for work completed, they "paid past due taxes that were owed" by them. In addition to us, as homeowners, being subject to lien waivers from the subs that were not paid, this fraudulent act caused us several months of delays and additional costs associated with stopping and restarting a job. Our major subcontractor pulled off the job leaving us without a roof heading into winter. Over the past several months, we have been promised reimbursement from Trumpet on several occasions, non of which have materialized. In addition to the $135,000 they stole, and the lost time from to the shutdown due to their fraudulent acts, after now hiring a new job superintendant and acting as my own general contractor, we have also discovered several deficiencies in the work that was performed under Trumpet. Perhaps most appalling is that after this took place, I filed reports with both the BBB and the Missouri Attorney General's office, for which they have taken no action, nor do either of their web-sites give consumers information to avoid being caught in a similiar scam. I just learned, in addition to Trumpet owing money to a number of sub-contractors, they recently perpetrated the same crime on another consumer in the past few weeks. CAVEAT EMPTOR!!!

Summary We have had problems with Trumpet Builders and Land Services in areas of service, communication, misleading advertising, billing/overcharges, fraud and breach of contract. See details. Details We began work with Paul Henckler at Trumpet in 08/2008, signed a contract in 10/2008 with a plan for a 2 phased renovation of our home to fit our budget constraints. Work did not commence until September 2009. For about the last 12 months, prior to termination in January of 2011, frustrations with management, oversight, communication, and follow through led to numerous conflicts as stated below. Only after informing them we could no longer entertain a Phase 2, Trumpet presented us with a fraudulent invoice of $31,620 (never before discussed). Trumpet then attempted to bully us into arbitration through a clause in our contract that was invalid and unenforceable by Missouri law. Service Problems 4 different project managers – not informed of manager terminations or when transitions occurred with the exception of our final change 11/22/10. This caused delays in the project and confusion for us and sub contractors in knowing who the project manager was. Lack of oversight and effective supervision have resulted in over charges and on-sight errors. Inconsistent work on job site with no explanation as to why or when work would continue, again causing project delays. Lien waivers not provided in a timely manner; still have outstanding waivers well after all invoices have been paid in full. Homeowner, by default, managed a variety of onside activities due to lack of supervision. In some instances change orders were either not created nor signed, leading to confusion, unapproved expenditures and overcharges. Communication Communication has been an ongoing struggle - over the last year there have been numerous meetings to determine how we could continue. Promises of new timelines, better oversight and approaches to re-establish trust have been futile. 11/22/10 we agreed on the 4th project manager and a completion plan for Phase I by year end – still incomplete when terminated January 21, 2011. Sent emails and met repeatedly substantiating the need for better communication and improved project management with very little resolution; we have notes and emails on file. Misleading Advertising Trumpet continues to use an unapproved unauthorized photo of our home for marketing and advertising purposes even after we have asked them to stop. We have found the following abuses: In an online publication by Director of Operations, Richard Reilly, with false claims of LEED certification. The false claims were removed but the photo was not. Use of home photo on Trumpet blog site. Blow-up photo of our home used at this year’s St. Louis Home and Garden Show. When asked to remove it, Trumpet refused. Billing/Invoice Problems 10 of 21 invoices have had errors totaling $17,261.69. These errors were discovered in our book keeping process, not theirs. When brought to their attention they told us we were wrong and we had to prove otherwise. Disputed charges not handled and continually ignored. These charges are still not resolved. Recent fraudulent charges ($31,620) submitted only after we said we’re not comfortable or confident pursuing a phase 2. Through 21 invoices, ongoing estimates, bids and project or budget updates there has never been any mention of additional hours or charges. Refusal to complete the punch list of Phase 1 unless we pay the $31,620 charge even though an estimate for the punch list was approved and signed. Fraud New “surprise” charge of $31,620, because we decided not to pursue a Phase 2, is fraudulent because our cost plus contract states “cost is not to exceed thirteen percent (13%)”. This has been paid with every invoice. Breach of Contract Complete the work on a timely basis; a 9 month project was not even half complete after 2 1/2 years. Deliver proper lien waivers; still have outstanding lien waivers. Some work was billed and paid for but not completed. Third party homebuyer's limited warranty was never provided. Proper project management not provided. Meet with homeowners to negotiate the fee percent in the manner set forth in the Contract was not done. Multiple overcharges occurred without change orders, the largest being $5,900. After many attempts at trying to make this work and no completion in sight, we were shocked at additional, unethical, and fraudulent charges and a bad situation getting worse. At this point, our goal is two-fold: 1) For Trumpet to retract their fraudulent invoice, provide final lien waivers, correct disputed charges, reimburse for work paid for but not completed, provide limited warranty, cease using unauthorized home photo in advertising and marketing. 2) To warn other unsuspecting homeowners of Trumpet’s unethical business practices.