Contractor tore down old & built a new deck WITHOUT a required permit from City of Jacksonville

26th of Dec, 2010 by User434350

Contractor tore down old & built a new deck WITHOUT a required permit from City of Jacksonville Beach, FL. We (homeowner) were notified by certified letter from City of Jacksonville Beach, FL, on 6-8-10. We responded by contacting City of Jax Beach that we would work with contractor to secure; 1) a notice of commencement 2) a building permit 3) inspections. Contacted Kevin Maxwell, president Atlantic Total Solutions aka Atlantic Pest Solutions aka East 2 West, all located at 15153 N. Main St, Jacksonville FL, 32218 and advised we received invoice and would pay immediately upon completion of notice of commencement, building permit and satisfaction of final inspection by City of Jacksonville Beach, FL. Contractor did not have notice of commencement, building permit, or final inspection completed as of 10-7-10. Homeowner has spent dozens of hours contacting Kevin Maxwell and Atlantic Total Solutions, Atlantic Pest Solutions, East 2 West via phone and email requesting completion of permit process. On 10-7-10, under threat of court action from City of Jacksonville Beach, FL, homeowner secured an owner/contractor permit from City and secured the services of an architect, Broadfoot Design upon recommendation from City, to perform services necessary to secure permit from City. All requirements for a building permit from City of Jacksonville Beach, FL, were continuously made available and communicated to Kevin Maxwell and Atlantic Total Solutions aka's previously mentioned. On 10-7-10, homeowner contacted contractor to advise of "owner/contractor" permit status and that invoice amount would be adjusted to properly reflect additional costs incurred by homeowner. Additional costs incurred were; $445.00, for permit/inspections fees, architectural drawings and sub-ground anchors installed by homeowner. A verbal and email "ok" / approval was received by homeowner from Kevin Maxwell. On 10-8-10, homeowner made additions (sub-ground level anchors) to deck built by contractor for final inspection. These anchors were installed based on architect's requirements. On 10-8-10 homeowner secured an "owner/contractor" building permit from City. On 10-11-10 owner received final inspection and approval from City of Jacksonville Beach, FL. Contractor was notified by homeowner of a successful final inspection and permit via email and an appointment was set, agreed upon, to pay invoice and receive a signed "Notice of Termination of Notice of Commencement" for Monday 10-18-10. "Termination of Notice of Commencement" was requested by homeowner to satisfy title search and mortgage lender for home refinancing at 1029 24th Street N., Jacksonville Beach, FL, 32250. Contractor was informed of refinance situation/desire and payment (from home equity checking account) prior to acceptance from homeowner of contractors proposal. On 10-18-10, homeowner paid contractor, in person, with a Wachovia Bank home equity check as previously discussed and approved by contractor. In person, Monday, 10-18-10, contractor demanded a cashier's check for payment and advised that he, Kevin Maxwell, president of Atlantic Total Solutions, Atlantic Pest Solutions, East 2 West, would not sign a "Termination of Commencement / Lien" until he received a cashier's check. Kevin Maxwell advised homeowner of "an email" sent to homeowner requiring a cashier's check in exchange for a completed "Termination of Commencement / Lien" form. No such email was received by homeowner even though an employee confirmed said email was sent. I repeat, no such email was received by homeowner. At contractor's office, homeowner contacted Wachovia Bank, Atlantic Beach, branch manager to confirm funds for check. Contractor was given phone and received verbal confirmation of home equity check funds for $2745.00. Homeowner then received signed "Termination of Notice of Commencement" from contractor. Homeowner then filed completed form with Clerk of Courts, Duval County, at an additional $10 expense to homeowner. Contractor / salesman, Kevin Maxwell, president of previously mentioned businesses (3) and son, Kyle are most likely operating and performing work without proper licensing and/or proper permits throughout Duval, Nassau, Clay & St. Johns counties. Homeowner did not deduct hundreds of dollars from original invoice for actual time spent, emotional distress even under advisement from homeowners attorney.

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