DIGIACOMO HOMES INC

I hired a general contractor for three reasons: 1. To oversee and coordinate the subcontractors for my project so that it would run smoothly, on time and on budget. 2. To be an overseer of my budget -to accurately bid and then apprise me if there might be any variance from budget. 3. To solve the daily problems of a construction project without involving me. Mr. DiGiacomo did a shockingly poor job at all of these things. Mr. DiGiacomo solicited my business with a promise that he would be very honest and a very accurate bidder. He talked me into a "cost-plus" contract because he explained, it would free him to bid more accurately, but that his subcontractors were so efficient that in the long run, this contract (versus my desired "fixed cost" contract) would save me money. He then proceeded to ignore my budget. I was very thoughtful entering into this project regarding my top budget and was willing to spend up to but not over that budget. I wanted assurances that this project was achievable within budget (so much so that I wrote it as a contingency in my land purchase agreement). He spent countless hours making those assurances. I spent many meetings where he was present with the architect cutting scope from the original project to assure that we were under my maximum budget. He acknowledged my budget many times; I have multiple emails. It was formally written into my contract with the architect. (In a recent letter from his lawyer he says that the idea that I had any budget is an utter fabrication) Mr. DiGiacomo reported throughout the project to me and to my architect that he was right on budget. He delivered the home approximately 4 months late (at great expense to me) and then presented me with $145,000 of invoices in excess of budget at a meeting to "sign off" on the final construction draw. These were completely surprise overages, despite his contract guaranteeing that he would inform me in writing if he anticipated being even 5% over any portion of the project. At that meeting - he "forgot" to include his $120,000 pre collected management fee in the running cost of the project total on his summary sheet (previously always included on his pre printed DiGiacomo spread sheet) He "accidentally" took all of my invoice copies and his summary sheet away from that meeting with him. In subsequent meetings to figure out where the money went, Mr. DiGiacomo was never able to account for the missing money. He says only "they were all honest mistakes". After losing complete faith in his integrity, my architect recommended a construction lawyer who became involved so that we could settle this catastrophe. During my home walk-around to establish and agree upon a final punch list - Mr. DiGiacomo represented to me, my lawyer, my architect, and his own lawyer that the exterior stucco finish was not only to code, but was "better than code". Before I agreed to a financially devastating settlement, my lawyer reviewed MN Lath and Plaster code, which explains in clear detail that a weep screed must be present on any plaster exterior covering timber framing. It must be 4 inches above earth and 2 inches above pavement. It must be exposed to the exterior at this height to allow moisture to egress from the wall. My lawyer required as a condition of my settlement, that Mr. DiGiacomo bring the stucco to code. I was induced to this settlement ($152,000 over budget and $107,000 over known costs at this point) with the guarantee that he would finish his punch list and fix my stucco to code. (This was early fall of 2014) I paid my settlement immediately, fulfilling my part of that contract. I believed he was legally obligated (to say nothing of morally obligated) to do as he promised. He then delayed the stucco repair citing that the weather in the spring would be more conducive. When I contacted his stucco subcontractor on the first day of spring to establish a time to work - I was told they had been "instructed not to talk to me" I had to call Mr. DiGiacomo. Mr. DiGiacomo had the subcontractor initiate work several months later, in June. After the stucco was "fixed" Mr. DiGiacomo told me it couldn't be painted for a month because it had to cure. (This is not true) This left my home ripped up for the better part of the summer. On inspection - there were areas, which were ?fixed?, but many smaller areas that he chose to ignore. Not wanting to annoy him further - I consulted my architect and lawyer who felt that these areas needed to be included to meet code. (MN Lath and Plaster code is quite clear on this point). Drainage on this property is terrible particularly on the east and west sides. I asked Mr. DiGiacomo to bring the area under the west dining window, which sits in a puddle all the time up to code with the rest of the stucco. Despite claiming that plaster must cure for a month - 48 hours later - that area was also "fixed" and the entire house was painted. My lawyer and architect still felt that the stucco didn't meet code, so we asked a reputable independent stucco contractor to take a look. That expert said, in writing, that the stucco is not to code (neither the original nor the "fixed" weep screed) The expert also noted that the area Mr. DiGiacomo "fixed" in 48 hours is a sham. My stucco has been mutilated and painted, but no work was actually accomplished there. My house is currently at risk of substantial water damage. The cost to fix what has been done and also to wrap windows not wrapped to code is $11,344. I submitted my one year punch list (which he is required to do as part of his contract and warranty and the post construction settlement agreement). Included with this list was a request to pay the other stucco vendor to actually fix the stucco. He did not reply. Unfortunately - I once again had to involve my lawyer to request that he not again breach his construction contract and the settlement agreement and fix my stucco to code - to which his lawyer responded with a 7 page letter calling me schizophrenic and a money grabber. I just want my brand new home to meet code. I want the assurance as a consumer that a license to do general contracting in Minnesota means something and that I should expect to have my brand new home meet building code. I suggest that anyone considering a building contract with DiGiacomo Homes for a new home or a renovation - protect yourself by insisting on a fixed cost contract. Also consider lining out the area in his contract where he allows himself to substitute any materials without your approval. You should demand a flat rate management fee and a monetary penalty for late delivery. Do not plan on him having any respect for you or for your budget. Have him submit all invoices to you and have an independent accountant be in charge of your running project total. I am sure he will last-word this complaint with a nasty name calling reply but the facts are these: He coaxed me into a "Cost-plus contract" and used it as an excuse to ignore my budget He did not, per his contract, ever apprise me of an overage or an expected overage of 5% (he exceeded known budget by 20%) He cashed and kept a $50,000 down payment check, which is required by his contract to be applied to the final draw. He promised thousands of dollars of rebates on my project to be collected after construction was completed - but he put them all in his own pocket. He promised to pay my inconvenience costs associated with his late delivery of my home - he never paid a dime. He paid himself well in excess of a $120,000 management fee well before vendors and subcontractors were paid. He encouraged subcontractors and vendors to place liens on my home to pressure me to refinance a project represented to me days earlier as "right on budget" but was truthfully $145,000 OVER known overruns. He threatened to have the sheriff remove me from my home. He has breached his contract and his settlement agreement to remediate my stucco to code. He has not finished my 1 year punch list (per his contract) and in fact has implied he will not do work on my home until I sign off that the stucco is acceptable. He refuses to remove pictures of my home from his website, despite my strong objections. He obtained those pictures without my consent from a photographer who was expressly forbidden to allow him access to them. He has committed fraud, breach of contract and his product does not meet Minnesota Building Code. There are many many better contractors. Do not even consider using him.

We hired Rocky and Gigi to redo our kitchen (untouched since 1939 and bad for even those times). We wanted them to add all the modern conveniences, yet make it feel original and flow with the rest of the house. They asked a lot of questions about us, how we use the house and how we want to use the house in the future. They got to know not only what we like, but also what we don?t. I think Gigi won my full confidence when she brought over a back splash tile that was exactly what I had envisioned in the space. We ran into a number of issues when they opened the walls and floors but they fixed them and made sure things were done correctly. The finished product far exceeded our expectations. It?s comfortable, extremely efficient and has a lot more storage, yet feels much larger. The unused room off our kitchen is now a bright breakfast nook and one of our favorite places in the house. And they did it ahead of schedule and under budget.

We had a warranty dispute with DiGiacomo Homes two years after the project's completion. Several months after involving various local and state agencies, we were given a check by DiGiacomo to use to hire a roofer to entirely replace the roof put on by DiGiacomo that was failing.

His communication skills were excellent. He is very responsive to emails and phone calls. His wife is great at helping select