Homeowners say they've lost thousands of dollars; Walker Co. contractor won't finish work

WALKER COUNTY, Ala. (WBMA) — A growing number of homeowners claim a Walker County contractor took thousands of dollars in payments and never finished their projects. From half finished decks to incomplete home additions, families say they are going public to warn others. "Disgust, despair, frustration," remarked Danny Hunget of Pelham about his experience.

The Alabama Attorney General's office confirms it has received complaints against David Smith. The Alabama Home Builders Licensure Board also confirms it has received multiple complaints and is investigating. On contracts with homeowners, the company is listed as David Smith Outdoors in Jasper.

ABC3340 News requested information about Smith's license status from the Licensure Board and received this response:

Board records reflect the renewal for license number 9877, David A. Smith, Jasper, AL was denied on 5/10/2017. Therefore this individual is not currently licensed.

Danny Hunget and his wife Natalie had envisioned a beautiful deck with space to homeschool their two young children. But instead city inspectors say they're left with an unsafe, incomplete structure. "The deck could fail how it's constructed," said Hunget. One example roofing nails used to secure the deck to the home.

Hunget says contractor David Smith was recommended by a friend and he felt at ease talking with Smith about the job. Smith's company was featured in a Walker County publication in 2016.

"I can't believe someone would walk away with $16,000," explained Hunget. The couple paid for a portion of the project and materials upfront. Now the family is struggling to find the money and a contractor to finish the job.

Only after the couple called Pelham city inspectors, did they find out Smith was not licensed by the state and never pulled a required city building permit.

Pelham issued a stop work order due to building code violations. "It's almost a nine foot drop off from the back door; that's a huge liability," said Natalie Hunget of the unfinished deck. Pelham has fined the Hungets $275 for the construction work being started without a permit.

In Alabaster, another couple showed us where Smith had torn down their deck and left a pile of debris. They paid for materials with personal checks and the new deck was never built as their contract detailed.

In Walker County John Simmons was to have a new basement garage and bedroom built onto his home. But the shell of a structure that was started, was never finished. The family says they're out $12,500.

You think you know somebody, and you really don't.

Like we heard from other customers it started with a recommendation from friends, then a promise of a good deal if they paid cash upfront to buy materials, then work delays until communication went silent.

"He knocked off $2,500 if I gave him $5,000 cash. That should have rung a bell with me," recalled Simmons.

And it's not just the money, Simmons explains the room which is not correctly attached to the house is a hazard. Finding a contractor to finish the job has been very difficult. Simmons' brother says he's out $15,000 -$20,000 for a major renovation at his home.

It's criminal and he should go to jail for a very long time. You got people out here suffering like the elderly. Ticks me off. That's the people I feel sorry for.

Simmons says he believes the case goes well beyond a civil dispute between a contractor and his customers. The stress of it all has been overwhelming for Simmons. "I wish a million times over I would have never remodeled; it's not worth it," explained Simmons.

The homeowners thought it was just their bad luck, but a post on Facebook lead to a firestorm of similar complaints across several Alabama counties.

Tammy Guthrie of Jasper said she's heard from 30-40 people. One elderly woman in Winston County told her she lost $17,000. Another lost over $40,000 according to Guthrie.

One shared text exchanges from Smith with ABC3340 News. They read in part:

"Things happen but God is my strength and I will do this. All I'm asking is to give me one more chance...I was raised a Christian and I'm a Christian today and I'm going to do what's right."

We tried to reach Smith by phone and left a message. We were unable to find a business location in Walker County. The address listed on the contracts was a home.

Smith's attorney called us back declining an interview saying his client has filed for bankruptcy. Several homeowners say they have since received bankruptcy notices from the court concerning Smith's company.

"It's honestly embarrassing. We trusted this guy and gave him so much money up front. We learned a hard lesson," said Natalie Hunget.

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"I wish we had asked for a license; I wish we had looked at reviews," said Tammy Guthrie. She explains her loss pales in comparison to others she has heard from.

The Alabama Home Builder Licensure Board could not comment on any specific investigation, but said they do from 200 to 300 unlicensed builder/contractor investigations a year. The last investigative committee issued more than $10,000 in fines for one month.

Director Chip Carden says they have seen cases where homeowners lost anywhere from hundreds of dollars to hundreds of thousands of dollars. One case reported on extensively by ABC3340's I-Team involved millions of dollars. The builder was sent to federal prison.

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Carden recalled another case where a contractor prayed with devastated homeowners in Pratt City after a tornado, then proceeded to take their money and never come back.

He advises rule number one make sure your contractor has a valid state license card. (See sample below) You can also check the state website to be sure the person has a valid license. Also call the board to check to see if there have been any disciplinary actions. Have a solid written contract. You can find tips on the board's website.

"With a good contract, you don't need to pay a whole lot upfront. They can give you a material list. You can purchase them and have them delivered to your house or the job," advises Carden.

He says sometimes contractors use money from one project to cover the next and get into a hole. "That's a typical scenario robbing Peter to pay Paul. They mismanage or underbid one job and so they start another job and draw money off of it," explained Carden.

Carden says you can call his office anytime before or during the construction process if you have questions or need to file a complaint.

Home Builders Licensure Board 1-800-304-0853

Homeowners are hoping for stricter rules and regulations to help others avoid their nightmare. "We got to stop people from picking up a hammer and nail saying they do remodeling. I don't know what the answer is, but we got to stop that," said Tim Simmons.