Valiant Homes

This review on Valiant Homes (AKA Lynn-Dean Contracting) was created, instead of a formal complaint, because the Revdex.com does not accept formal complaints that pertain to current or past legal actions handled in superior, district, or small claims courts. We found this out only after sending in a formal complaint statement to the Revdex.com about our experiences with Valiant Homes, along with approximately 100 pages of supporting documentation (i.e. court ordered deposition statements from Valiant, as well as their respective subcontractors and other knowledgeable parties to our case, email correspondence, pictures of our home, small claims court records of a filing against Valiant Homes in 2012, and other miscellaneous documents).

The following is a list of some our alleged claims against Valiant for Case No. 11-2-00806-9 in Benton County Superior Court, which is scheduled for trial in October 2013:

Valiant misrepresented what sums were allocated for certain work

Valiant misrepresented costs of certain materials and subcontracts in negotiating changes and extras in allocating funds for work for which Xxxxxxx’s became responsible.

Valiant threatened to delay the Project and did delay the Project as leverage in negotiating changes and extras.

Valiant misrepresented the costs of material and subcontracts in requesting draws from the Bank.

Valiant has breached the contract in at least the following respects:

1. Not completing the Project within a reasonable time;

2. Not completing and abandoning the Project;

3. Misrepresenting costs;

4. Intentionally and negligently delaying the Project

5. Doing Shoddy and defective work

Valiant has engaged in unfair and deceptive acts and practices in negotiating change orders and in not allowing payment for tasks that Xxxxxxx’s were responsible for performing.

As you can imagine, our experience building our dream home with Valiant Homes was not a positive one. We are aware of another legal action, a small claims case, Zzzzz vs. Valiant Homes, filed on July 5, 2012 in Benton County (Case No. #16515). We attended this hearing and believe that Valiant engaged in various behaviors and business practices in dealing with the Zzzzz’s, that were consistent with our experiences. If you go to the court house and request this information, they will produce an audio copy of the court proceedings for a nominal fee. Further documented support of this case can be found by searching Benton County Court Records at: http://dw.courts.wa.gov/index.cfm?fa=home.cljsearch&terms=accept.

The following list is some of the important information we have learned over the course of the last 2 years caught up in the legal system with a local builder and what we have discovered in researching other nightmare home builds. This information contains important learning’s that can benefit consumers building a new home with any general contractor (note: this information is not intended to be professional legal advice, as we are not attorneys).

• Anyone (no experience or tests required) that can fill out the appropriate state paperwork, obtain a bond and the proper insurance, can become a general contractor in the State of WA. This process can be completed very quickly with as little as $1000 in total costs. More info at http://lni.wa.gov/TradesLicensing/Contractors/HowReg/default.asp#2.

• Ask your builder for a resume of past trade experiences, as ultimately they oversee and manage other sub contractors in the building of your home. You want your builder to have a substantial knowledge base in all aspects of the home building process as to be able to critique and assure the sub contractors are doing quality work that will last more than just the 1 year of warranty coverage required by the State of Washington. It is imperative to make this builder resume part of your home building contract, such that, if there are any misrepresentations or untruths regarding experience, you can use this as solid evidence that you relied upon this document when making your decision to use this GC.

• Prior to entering into a contract, research your builder’s bond and insurance, including any past or current claims… an easy process to do, since WA State provides a website https://fortress.wa.gov/lni/bbip/. After executing your search, make sure to click on the builder’s name link and read all information, especially Summons/Complaint Information. Moreover, it is just as important, if not more, to research the sub contractors who may be performing a majority of the work on your home. There should be an agreed upon plan for which subcontractors will be completing what specific work on your home and it should be clear that YOU need to agree with any changes, thus allowing you to research the sub’s credentials. If you do make this part of the contract, you will be relying on your GC to chose anyone he or she chooses, which may very well be based on the “cheapest” bid or other relationships that are not based on expertise or the quality of their work, which is especially likely if the builder is under contract for a “fixed price.”

• Washington State ONLY requires a $12,000 bond and $50,000 of property damage insurance. It’s important to note the General Liability Insurance part does not provide reimbursement to a third party (you) for breach of contract, poor work, or construction defects. Furthermore, these policies may have exclusions for specific risks or exposures that are not covered. The real protection for you is the bond, which serves as consumer protection in case of breach of contract, improper work, or if the contractor does not pay as legally ordered, the Bond Company pays the amount of the bond to you. Know what this value is and be willing to accept this little amount or demand the GC take out a performance bond on your home build for a more appropriate amount that provides you increased protection.

• If you enter into a legal dispute with your builder it is highly likely this process will be costly (anywhere from 50k – 150k is not uncommon) and take years to settle. If your recourse consists of suing the GC, it is common legal practice to then have the GC turn around and sue all of their respective subs they feel contributed to your claims, which brings together multiple parties into one huge lawsuit along with a bunch of insurance-funded attorneys. It is important to note, that unless it is EXPLICITLY stated in your contract that the prevailing party is entitled to attorney fees, your legal expenses are non-recoverable damages! So be sure to check your contract before signing and assure this verbiage is part of your contract agreement or you will absolutely not be able to recover your legal fees.

• During our legal process, we were told by an expert mediator, listed in Best Lawyer’s in America 2003-2013 “the single biggest mistake most consumers make when building a new home is signing personally with an LLC or Corporate entity”. Why should you put yourself at risk personally but allow your GC not to? Banks, Landlords, Supply Companies, and other business institutions routinely REQUIRE LLC or corporate members to personally commit and sign all contracts They all know something most of us fail to realize until it’s too late… LLC’s and Corporations are extremely protected entities and individuals are rarely held accountable for legal judgments or negligent actions taken when acting as members. This is a huge bargaining chip during any type of mediation, as the GC may even go as far as to directly threaten plans for insolvency as a bargaining chip for you to accept a paltry settlement amount. This is safe place for these types of tactics, because under Rules of Evidence (ER 408) in WA State, nothing said in these mediation meetings, can be used in court… so a judge or jury will never know of these underhanded shenanigans.

• Even after a home owner wins a favorable judgment, the Corporation or LLC will most likely file bankruptcy or close their business operation, even if they have significant personal wealth. At this point, be prepared for another long and costly legal battle in order to “breach the corporate veil”, which is an attempt to hold individuals personally accountable for their actions and financial obligations. Although most of these contractors hope to set up shop again under a different name or different structure, as does happen, the power of social media and other internet-related sites makes this a significant challenge for the GC to escape their past history. Remember, any builder can show you homes that went well… but what happens when things don’t go as planned? If you do your research to chose a GC wisely, as well as properly plan and protect YOUR best interests in the contract, you will be in a much better position should something go wrong. Hindsight is 20/20, but foresight is your key to minimizing unnecessary risks to the building of your dream home. Be extremely diligent and cautious…Don’t Let Your Dream Home Become A NIGHTMARE!

Beware...this builder is in a huge lawsuit with one family and another family has them to small claims court. Their dream home was a disaster and cost the homeowners $100,000's of dollars:(

Revdex.com will not register complaints if in any kind of court of law action has or is being taken. Check out [redacted](look on [redacted] also) and see pictures...pictures speak a million words.