CUSICK CONSTRUCTION & DEVMNT

When I couldn't get any satisfaction from CC&D and Rob Borst, I ended up going to binding arbitration (see American Arbitration Assn review) over this and had an arbitrator (see Richard Manning, Esq review) who totally ignored the contract: the budget, the timeline, and the jobs that were included in the bid which were added to the bill by UNSIGNED change orders. CC&D had totally ignored the "not to exceed" part of the contract. During the arbitration meeting Mr. Manning made the point that CC&D could not go to construction costs when the contract had a budget and a "not to exceed" clause. I even showed him the invoice where the budgeted construction total is listed on it. Later ones dropped that when CC&D costs soared. When I pointed out the contract showed a 15% mark-up and CC&D had actually charged over 17%, Manning agreed that couldn't be charged. When I pointed out the contract was inclusive and only WA sales tax could be added on and CC&D had added the profit margin to the contract total, again I was assured CC&D couldn't do that. The reason that is important is if the contractor can add his mark-up to any amount, then the game is the more he spends of your money, the more he makes. That is what I understood this contract avoided. But when the final arbitration came back, the arbitrator used the cost list CC&D had submitted to the arbitration instead of the budget on which the contract was based and was attached to the contract. I ended up paying $92,000 over what CC&D was entitled to charge. Because it is binding arbitration, I have no further recourse to have this contract exercised. I have paid $207.32 per square foot for the shell CC&D built. This price did NOT include: any property, foundation, cabinets, countertops, flooring or lighting fixtures. All sewage system was already in. Electrical service was already to the building. It is a wood frame construction, Hardie board siding, and a 30 year roof. There are no special items that would be upgrades that would pump up the price. My front roof sags. My railing is wobbly. These were never fixed. You make the call. Either dishonesty, incompetence, greed but any which way ...don't walk...RUN away from ever using CC&D to build anything for you.