OR, WA: Readers' comments on Adair Homes article tell the rest of the story on moldy, defective homes, lawsuits, etc!
- Type "Headline News":
[This article just sounds like a typical puff piece for a builder, in this case Adair Homes, but the reader comments are priceless, pointing out the many complaints the article failed to mention]
Adair Homes discovers a way to make it in a difficult market
Adair failed to mention the Osullivan family in the Olympia area,The Pearson family also in the Olympia area. Both had mold issues in their homes.Adair also failed to mention the dozens of complaints with the Washington state attorney generals office. The Pearson family had a mold issue caused by short cuts made By Adair and carried out by its subcontractor. This caused mold to form under our 18 month old sons bed. I would never recomend an Adair home to anyone. We thought it was a great idea. It is the worst decision I have ever made. Our son has brain damage because of Adair and their short cuts. They have never tried to make it right with us or our son. We are due to go to trial in September of 2009.
Mr. Mosley, It was my honor to serve as the attorney for the Haynes family from Sandy, Oregon. I have also sued Adair for a family living in Washington State and I have consulted on another Washington case where a little boy was seriously brain damaged from living in a moldy Adair home.
I gave you the telephone number of that family from Sandy: Renee and Paul Haynes, and sent you an e-mail telling you that your story was inaccurate in several respects. You did not bother to call them or respond to my e-mail. So much for a reporter "getting it right."
The fact is that Adair has had a legion of complaints filed with the CCB (a worthless agency if there ever was one) which Adair has been able to get the CCB to dismiss because it has an arbitration clause in its contract. Typically, this compels the CCB to stop processing the claims so they can go to private arbitration. I obtained 28 such complainst against Adair before our trial. There have been more since. There are also more in Washington State.
Adair chooses the arbitration company, often CAS, whose owner, a former attorney, was disbarred in New York for stealing from his clients, lying during an ethics investigation and a host of other improprieties. I would not have been able to overcome the arbitration clause and get the Haynes family a jury trial because of the arbitration clause, except that when we discovered that Adair had used a perjured affidavit to compel arbitration, the court reinstated the case in court.
This was a misleading article. You should be ashamed of yourself. Your story is factually wrong on several points. Mrs. Haynes would be happy to straighten you out. She is still waiting for your call.
This is a good example of why newspapers across the nation are in bankruptcy and closing. Sad, since we used to be able to count on the media to do some real reporting so that the American people could learn the truth about many issues. That hasn't been true for years -- now the media is paying the price.
We need a few more Jon Stewarts in the world. Interesting that Comedy Central is where people go to hear the real news today -- don't let anyone tell you it is young people going there for the real news -- I'm older than dirt and I listen every night. For about 50 years I subscribed to a newpaper back when newspapers wrote the real news -- like the truth. I read them from cover to cover every day. I stopped the paper about ten years ago when it became obvious that there was no real honest news to read in it.
This article was obviously written by the builder for the builder with NO investigation by the so called reporter.
This sounds like an advertisement for Adair Homes.
"Van Kley, the company president, says it’s not unusual for subcontractors to work exclusively for Adair, which has built more than 12,000 homes."
Which of course is against the law in Oregon. Which also means they have just confessed to thousands of incidents of criminal behavior in the course of everyday business. Having a contractors license requires one to work for more than one builder during the course of a business year. If a subcontractor only works for one builder, then he is an employee, not a sub. This is how big and small builders alike get away with not having to pay the costs involved with having employees in Oregon. It also makes it easier for them to run complete crews of illegal workers without detection from Fed. authorities.
But the state will do next to nothing about it, and it gets worse every year. Oregon's state regulatory agencies have never been anything but ineffective. Oregon looses hundreds of millions of dollars a year in this little subcontractor scam, and the workers themselves work for half wages with no protections, or SAIF, or any of the other benefits considered base human decency for a worker. The builders put the difference in their pockets and tell wonderful stories about themselves to brain dead reporters.
Does Adair advertise with the Register-Guard or something?
Mosley's statement that Adair has a "good history in dealing with consumer complaints" is misleading. When we built our Sandy home, Adair's contract contained a binding mandatory arbitration clause meant to keep customers from pursuing their complaints through any other forum, including the CCB, the AG, the BBB and especially a court of law. That means it is very difficult for anyone outside of Adair to track unhappy customers. Adair was very aggressive about it. When I was researching other cases, I found many Adair customers whose serious issues were never resolved. We were only able to pursue our case in court after discovering that the arbitration company's co-owner was disbarred and submitted a perjured affidavit to force us to arbitration.
Before anyone hires Adair, or any other builder for that matter--Adair is certainly not alone in relying on binding mandatory arbitration to escape liability, they should show their contract to a construction attorney, no matter how the company represents it. I expect Adair's arbitrator is still named by them. What hired arbitration company is going to bite the hand that feeds them? If Adair and other builders meant for that to be an objective process, why wouldn't both sides agree on an arbitrator?
I'd like to think since our case, Adair is better at plugging the holes in their houses and not just better at plugging the holes in their contract. They were certainly in no hurry to make things right with us.
And someone should tell my little boys that their learning disabilities, the result of a moldy Adair home, are "alleged." That'll get 'em out of special ed.