Complaint Review: Prosecuting Attorney's Office For Macomb County Michigan - Shelby Township / Macomb County Michigan

To Whom This May Concern, I originally came into contact with John F. Clark through a friend at work. I wanted to sell my home and he gave me the card of his realtor. On this Coldwell Banker Walters Realty Business Card, as well as many of his real estate listings I found an advertisement for John F. Clark Construction which appears to be a subsidiary of Coldwell Banker Walters Realty. On October 4, 2006 I hired John F. Clark to build and sell me a new home.

I am being forced to file both criminal and civil charges against Mr. Clark personally as well as his business. I filed a report with Shelby Twp. MI. Police department (#07-0013115) and retained the services of attorney Arthur Garton and filed a civil suit with Macomb County Circuit Court (case # 2007-3135-CZ) John F. Clark Real Estate Agent, License # 6505221825 John F. Clark Residential Builder, License # 2102072549 I contend (and have documented proof ), that John F. Clark has in fact illegally diverted funds from my bank account and refused to follow the provisions of a legal contract for personal financial gain. Whether by pen or sword his actions equate to bank robbery.

I have tried on several occasions to resolve all issues without the use of the legal system; but Mr. Clark made it very clear not to call, write, e-mail etc. My home is not complete and my roof is leaking and I'm getting no relief. Mr. Clark has absolutely no morals or conscience whatsoever, as a matter of fact, he laughed when I told him that I was calling the police.

To protect my fellow citizens, I feel compelled to do everything in my power to see that Mr. John F. Clark is no longer able to destroy the lives of innocent people. If I were sick or elderly, I'm convinced the stress level I have faced for the past ten months would have killed me. Why does fact that this man used a pen to rob my bank, make him any better than an armed robber? His licenses should be revoked immediately and he should be prosecuted to the fullest extent of the law.

Below is a brief list of unresolved issues John F. Clark refuses to deal with: 1) Mr. Clark submitted to me a deceiving 'sample contract' which included everything we discussed.

On the day of signing, he provided a contract that looked identical to the original; but many of the agreed upon items were deleted. 2) I later discovered that the address for John F. Clark Construction Inc. is merely a mailbox located in the Hidden Meadows subdivision located in Richmond Michigan. There is no physical building to speak of. I later discovered that John F. Clark resides in Capac Michigan at an address unavailable to me. 3) The basement contractor (F&M poured walls) totally destroyed my form-A-Drain system. I requested that it be replaced; Mr. Clark decided to repair it instead. The repairs were substandard at best. Mr. Clark back charged F&M and kept all of the money for himself. (I have pictures) 4) Mr. Clark claimed that the pan ceilings were not on the print he quoted. He made me pay $1000.00. He also omitted a dining room window for the same reason.

It just occurred to me that the ceilings and windows are on the same print he used to charge me a $9000.00 upgrade for my dormers. 5) My telephone lines were not installed correctly and I needed to have W.O.W. re-install them. 6) The gang boxes for my porch lights were so close to the side walls, there was no possible way to mount a light. I actually needed to design and machine a special bracket to relocate my porch lights. 7) Mr. Clark's electrician drilled a hole through one of the weight bearing main floor joists to run low voltage cable T.V. lines.

After witnessing the electrician do this, I asked John Clark to Borrow his drill and I did the same thing to the other main floor joist for my entertainment center. John allowed me to do it and then told me the next day that it was a bad thing so he filled the top of the hole with wood chips and nailed a 2 x 4 to the basement ceiling to hide the hole to pass inspection. 8) Before the flooring was installed, I noticed the Kitchen / Dining area floor beginning to sink right next to the main joist. Mr. Clark put an additional support in the basement and filled the sunken area with leveler. I'm not so sure that that was the correct method of repair.

9) The bricks I had chosen for the home were considered an upgrade. I asked Mr. Clark if he would allow me to get competitive quotes and he agreed. I soon discovered that the bricks in question were proprietary to The General Shale Company. I decided to randomly call a different branch of General Shale and discovered that Mr. Clark had tried to overcharge me $700.00 10)

Without consulting me, Mr. Clark took it upon himself to radically deviate from the blueprint specifications I provided. He totally changed the design of my roof and it is still leaking to this day. 11) Mr. Clark decided to pour my garage floor on a cold day and didn't saw cut the cement for several weeks. The entire floor cracked up and needed to be replaced. I took the day off of work to witness the re-pour and noticed that he failed to put re-bar in the cement as the code required. I brought it to his attention and after the cement was poured, he went to Home Depot and bought (5) 10' pieces of bar, bent them into a U shape and put them into the cement. That does not meet the 8' minimum code requirement. I then discovered that he never had the ground re-inspected prior to the re-pour, as required by Shelby Twp.

12) Then he tried to bury the busted concrete from my garage floor in my back yard. 13) Mr. Clark delivered and begun to install plastic water supply lines throughout my house when I paid for copper. 14) It was explained to me that since my house was a ranch and very long, I would need to have a hot water loop installed to reduce the travel time of the hot water to the end of the house opposite the hot water tank. It was agreed that said loop would be installed. Mr. Clark failed to install the hot water loop and now it takes a very long time for hot water to reach my Master Bath. In order to have this done now I would need to completely re-pipe every hot water line in the house. 15) Mr. Clark, the plumber and I argued for six weeks because they refused to connect my outside hose bibs to my secondary water meter.

I actually had to have the assistant director of public works tell them it was OK over the phone; and send a DPW associate to my house to tell them in person before they would connect my hose bibs to the proper meter. 16) I was harassed on a daily basis by Mr. Clark's plumber, tile guy, dry wall guy and brick layers claiming they hadn't been paid. (I paid John Clark in advance) This harassment was totally inflicted by Mr. Clark's actions.

This torture went on for several months and still continues to this day. John consistently lied to me claiming the bills were paid. 17) John Clark docked the bricklayers $1500.00 which caused them to seriously stall this project by several months. When I asked John why he was docking them he said it was because he didn't like the job they did. I then told him that if the work was substandard, then the money should go to me. He then lied to my face, changed his story; and said he was overcharged.

18) Mr. Clark deleted the hot tub from my contract and tried to tell me that I agreed to a master bath with No Bathtub at all. I never agreed to anything of the sort. That one cost me $1000.00 19) Mr. Clark and his subcontractors consistently left my doors wide open with the heat full blast. I actually had to pay a $780.00 gas bill. When the doors were closed they were left unlocked, someone actually walked right in my house and stole my ceiling fan.

20) Contractually the house was to complete May,1 2007. From the beginning of this project until end of March, Mr. Clark assured me that we were at least one month ahead of schedule. The lies continued until I told him 'If we were a month ahead of schedule, I would be moved in already'

21) From the beginning of March to the beginning of May, 2007 Mr. Clark has accumulated maybe 16 total man hours worked. From the beginning of May to the present, Mr. Clark stopped work completely. I was forced to pay $1700.00 per month mortgage $650.00 per month rent, $120.00 per month storage while nothing was being done.

22) My screens have not been delivered or installed so I'm forced to use my air conditioning which is costing me a lot of money.

23) My roof is leaking 24) There is a cracked granite tile in my foyer 25) There are nail pops everywhere 26) The latch for my small garage door is gouging into the molding.

27) The Washer drain was leaking into the wall and flooded the floor of my laundry room. Mr. Clark cut a large hole into the wall to repair the leak and never repaired the hole. The floor is still not totally dry 28) Bad drywall job on the Kitchen and Master Bathroom ceilings.

29) The garage attic access door is blocked by the garage door rails 30) He left large holes in the roof of my basement. I can stand in my basement, look up and see my first floor hot tub.

31) When the home was near completion, I started the title work and discovered roughly $60,000.00 in liens against my home. I told Mr. Clark to pay the subcontractors so I could provide a free and clear title to the credit union in which I was refinancing with. Now I knew why he stalled the completion of the house for three months. I got tired of paying hard earned money for his stalling tactics and I decided to set a closing date and told him that I was going to hold back money until the house was complete. That way I could still get the excellent interest rate my credit union was offering.

32) Two days prior to closing, Mr. Clark told me that he was not going to finish the house or pay the $60,000.00 in liens, don't call write or e-mail him. I then got curious; I wanted to know how Mr. Clark was able to obtain money from my bank for any of the scheduled draws when the basement contractor (F&M poured walls) and the lumber yard (Lumberjack) had not been paid. I later discovered that John F. Clark submitted signed and notarized sworn statements to the Phillip Greco Title company, who in turn gave First State Bank permission to fund my checking account so I could pay the draws prematurely. The signed and notarized statements claim that all subcontractors have been paid in full when in fact they have not been paid at all.

33) I needed to pay $140.00 to have my locks re-keyed. 34) I incurred $170.00 in survey costs from my credit union as result of the cancellation of the closing of the house. 35) The main support poles in the basement are not bolted to the basement ceiling 36) The pitch of my driveway is too low underneath my study window.

37) I planned on re-financing the home after completion. Due to the cancellation of the closing of this house I lost the 30yr. fixed mortgage at 6.25% my credit union was going to give me. I was going to use the remaining money to pay off many of the bills I incurred to finish the house. If we would have closed as promised, everything would be paid. Now that we didn't close, all of these bills came due and put my credit in jeopardy.

38) Mr. Clark did not hook up all of the major appliances as contractually obligated. I ended up doing most of them myself 39) At the last minute, John Clark notified me that we could not get a certificate of occupancy without (5) trees. I had to borrow $750.00 for that one.

40) Mr. Clark promised me I could move in on May 1, 2007 and then again on June 1, 2007. I had to give my apartment complex 1 month notice prior to moving out. I didn't receive a certificate of occupancy until (3) days after I moved in. I was technically homeless and Mr. Clark hadn't done anything to the house in weeks.

41) I was forced to file a police report with Shelby Township Police Department. The case is currently being reviewed by detective Hogan. 42) I had to retain the services of Attorney Arthur Garton to sue John F. Clark for the balance owed to his subcontractors, the additional thousands of dollars that I incurred as result of his fraudulent activities. I spent my entire life working and going to school to earn the means to build my dream house. I saved, invested and completely depleted my retirement fund to finance this project.

Words cannot accurately explain the level of stress I incurred by having everything I owned threatened on a daily basis. I was forced to use the profit from my previous residence along with many credit cards to pay for all of Mr. Clark's overcharges, mistakes and lies. I planned on refinancing this house with my credit union to payoff these bills.

Now that Mr. Clark has refused to complete the home and pay his subcontractors, I cannot refinance this house to obtain the money to pay these bills. Mr. John F. Clark has absolutely no conscience or moral values. He knows exactly the pain and suffering he has caused me and shows no signs of remorse.

When I told him that I was filing a police report; he laughed at me. He made sure that I was so far in debt that I couldn't even afford an attorney to defend myself. My parents discovered what was happening when I actually had a nervous breakdown. They went into debt to hire an attorney to protect me.

I can't eat or sleep anymore and I started having panic attacks. I truly believe that if I was elderly or in bad health the level of stress that this man has imposed would kill me. Mr. John F. Clark has made the American dream, the American nightmare. If there is anything that can be done to protect another human being from the pain I've experienced, I pray to god that it be done. If you have any questions, concerns or are in need of information, please feel free to call me anytime. Sincerely

In four months, Macomb County Prosecutor and Shelby Township Police were unable to locate John F. Clark's builders license number. (It took me 3 minutes) Whether it be Negligence or Incompetence, I'm happy to say my hard earned tax dollars are being spent for the protection of criminals.....

God Bless Us All!!!

Scott

Shelby Township, Michigan

U.S.A.