Blackwell and Blackwell Construction

I purchased a brand new home at in Clarksville TN (Arbour Greene South off of Tlyertown Rd) and it is very very defective. I've fought tooth and nail to get it fixed and have gone through an utter nightmare and continue to do so. I found out in Nov-Dec 07, that the builders William Eric and Christopher S. Blackwell who call themselves Blackwell and Blackwell Construction, weren't licensed, yet, they had presented themselves as licensed contractors.

The father was the license owner (William S. Blackwell) and the son’s were listed as employees only. The father has been fined by the state’s Licensing Contractor’s Board. You may verify by Ms. Carolyn Lazenby, Director 615-741-1202, you can also see it posted on the states website for April 2008 disciplinary action), for allowing the son's to use his license to build on their own, when they aren't authorized to do so. Funny thing about this is that they fined him with building under a name other than his contractor's name, when that isn't the case (It’s simple to prove this). The father wasn't in the business and hadn't been in years and wasn't when the son's built my home using his license. So why would the board, fine the father that way, when they know the father wasn't in the business? Plus, the father was providing the board with financial statements each year as if he was still in the business so he could renew his license for the son's to use. I’ve noticed that in July 08 the son’s were finally fined $1000 for unlicensed activity, which is a joke!

The father also had paperwork filed with the city's building permits department, stating the son's could get permits to build by using his license, yet he did not let the city know he wasn’t in the business anymore, just as he didn’t let the state. I contacted the City's building permits Director Jim Pillows, who stated the above (the letter being on file with the city, etc), and he also said that “he didn't know the father wasn't in the business”. At this point, I don’t know what or who to believe! He also stated that he would not be allowing the son's to get permits any longer (this was prior to Eric allowing to get his license of course, by the way, why do you think he got his license----EXACTLY because of all the commotion I started and because they were frauding the public and knew they were in hot water and had to get there own license, since they told the board they didn’t know they couldn’t use their dad’s license, which too is so funny). I asked him (Mr. Pillows) was there anything he could do because of all the permits they got under false pre-tense (all those class C misdemeanors) he stated “no, we just won’t allow them anymore (so I am interested in knowing how he will explain that in court).” That doesn't sound right to me, especially knowing that the son's have made millions and have actually gotten so many permits.

The Licensing Contractor's board informed me that my contracts signed during closing should have never been signed by anyone other than the license holder at the time (the father), but the papers were signed by the son's. Once the board received copies of my closing paperwork, this was evidence to investigate, which allowed them to violate, fine, and order the cease and desist. Therefore, all paperwork signed at closing was falsification of documents. This includes the deed, because they weren’t who they say they were on my deed, contracts, warranty, nor were they authorized to sign them.

The city's business office back in April 2008 (Ms. Melody Polley, Deputy Clerk) told me that they didn’t have the son's or the father listed to do business in the city. She also informed me that she was sending my information to the audit and tax enforcement officials. I have proof of this through email.

The Title Company (Sykes Title 931-647-6744) never has contacted me back after 4 letters. I have title insurance and I believe that Sykes knows everything that has happened because they obviously at least read my first several letters to them, because they didn’t come back to me, (they are friends of the builders) I remember this from closing. Now, that I know the builder’s aren’t licensed and the father isn’t in the business , I feel that by Sykes Title being friends with the Blackwell’s and definitely the seller being friends of theirs as well, they had to of known the father wasn’t in the business! I feel that they may have also known the son’s weren’t licensed on their own. The title company still continued to do business providing closings even after knowing that the Blackwell’s weren't licensed and not authorized to do any type of business transactions like they have been doing.

The Blackwell’s (father nor son’s) will not contact me back after 3 letters which 2 were certified. They signed for all of them. The seller for the builder's home (Eddie Ferrell 931-320-4552) will not contact me either. Eddie Ferrell told me through email “the Blackwell’s haven’t represented themselves in any way wrong), even after I presented him with evidence and people to contact to verify it. Eddie Ferrell is continued to all of their real estate transactions after knowing all this else well.

In TN you can't build anything over $25000 without a license. My home is $139,900. I pay over $1000 a month. It's literally falling apart inside out. None of the doors fit at all, you can see light shining around the entire frame, most door frames and window frames are cracking around the entire facing and separating from the wall. Baseboards are separating from the walls in several places throughout the house. It has cracks, nail dents and holes, bulges, and sags in the ceilings. There are bulges, nail holes, dents and grooves, and cracks in the walls. Some of the floors are soft and pop very badly. The tiles are separating in the kitchen and bath. There are cracks around the entire house's base foundation bricks (I presume definite possibility of structural damage). There is a full length crack in the garage that is leading down the driveway and spiderweb cracks inside and outside of entrance to the garage. The garage door doesn't fit and the frame is warped, it rains inside in the corners because the door has gaps etc. The deck cracked up before the first year. The stairs leading to the bonus room pops and the railing is loose. I can go on and on.

I had an initial home inspection. There were some problems corrected onsite. Three months later I had another inspection that was quite substantial. The builders never honored the home inspection report nor the complete home warranty. I’ve been in contact with the Blackwell’s since the first week of move in and by letter since Aug 2006.
The few repairs done early on by Subcontractor’s, was poorly done, the Blackwell’s refused to see the repairs.

I have been told multiple times this is a civil manner. They have scammed and fraud the public many times. They have made millions for sure. On my home sale along they got over $69,000 and they have built many homes in Clarksville. I was completely blown away as to how many homes they have built when I recently visited the TN real estate website at Real Estate | Homes for Sale | Houses for Sale | MLS Listings | REALTORs | Real Estate Agents - RealEstate.com where you can find a great many homes built and sold by the sons.

I’ve entered into a home mortgage because I believed that I was being represented truthfully during closing by the title company, builders, and the seller. Instead, I was misinformed and lied to, therefore lead falsely to enter into a 30 year mortgage loan and contracts with the builders under false pretenses.

I have been victimized. I’ve also filed a complaint against Sykes Title, who sent a letter full of lies to the Consumer Affairs and I sent Consumer Affairs a rebuttal letter in return.

On the 22nd of May I was informed by the Licensing Contractor’s Board that one of Blackwell’s son’s along with Mr. Blackwell appeared before the board in Memphis on the 21st. They stated that they stopped all building as soon as they got the order to cease and desist. They also told the board, that they didn’t know that they couldn’t use the father’s license. That is ridiculous! On the TN Licensing Contractor’s website, it plainly states the criteria for licensure. It even states the procedure to take if you’re no longer in the business! It states that if the business is turned over to someone else, the procedure they must take to become licensed. If I can read it and understand, surely there is no excuse as to why the Blackwell’s couldn’t. They knew and they did it because they never figured anyone would find out all the illegal activities they have committed.

It’s an outrage, considering all they’ve done. I can’t believe it. You can verify this by the TN Licensing Contractor’s Board, by looking up licensed contractor’s lookup. You’ll see that William Eric Blackwell has applied for license and was granted it 1st of August 2008 if you scroll down, you’ll see that William S. Blackwell (the father), is still listed by the board as having an active license. I just can’t believe it, after all that has been done. I even emailed the Board’s Attorney (Beth Tarter), about everything, to include the decision of the board, but I got no response.

I contacted Ms. Lazenby (Board’s Director), by phone on the 30th of May, to let her know that the Blackwell’s had in fact been building since the cease and desist. I sent proof of the homes they built and can provide you with it as well if you would like to see it. I also have all the 50 or 60 emails from the board. I went through the neighborhood and found several homeowners who have homes that were completed in 08. So it will be the board should have to answer why they allowed all of this to happen with all the misrepresentation, lies, deceit, false documentation, and everything else that happened, then to allow them a license is an outrage.

In Jan 2007 the builders told me they wasn’t going to do anything else in my home (despite the fact they never attempted to see any of the repairs done by the subcontractors). So I continued to fight over this, and finally in Aug 2007 they had someone to contact me to ask could they come in and I said no because I didn’t trust them and that I was suing them. So they sent the email to the VA Construction Validation dept in GA. Who told me they couldn’t do anything, because I wouldn’t let them in my home. He totally ignored that the builders refused to come into my home for many months before that. So yes, I was highly frustrated by then, and told them I was suing them. It’s been a nightmare.

No agency that you think should help will. At least they havent' helped me. That includes the Attorney General, Mayor, local attorneys, the title company, HUD, VA, Consumer Affairs or the Licensing Contractor's Board, the seller, the real estate company, and so on.

I've recently decided to go to court on my own and was told by an Attorney I could win easily due to all the evidence I have against them. So that is what I plan to do.

Please check who your builders are before you sign anything. Make sure that you know the person who is listed as as the licensed contractor is the one who is doing the building or atleast that person listed is still in the business.

Go talk to your neighbors and make sure that they are satisfied with their homes. There are many other homeowners who are unhappy with these builders.

I am sorry to hear this. I had almost had them do my home but had heard some odd things as well!!

[Cherrah2007]

I'm so glad you didn't because they are HORRIBLE builders you can go around Arbour Greene South on Cindy Jo Dr and Cindy Jo Ct and you'll find many unhappy neighbors. I've submitted some with who to make claims to not sure if they did are not.

The state attorney general told me there have been some other complaints.

I have some information that may help you. Will send it to world law and they can get it to you or decide what to do.

I live 15 miles from your area.

Thank you so much and I would appreciate if you sent it to me too at shaw2day@hotmail.com. I'm doing everything in my power to get what I deserve from them and for them to get what they deserve. It's a shame what I've gone through because of them. It's terrible how my home is literally falling apart. If you want to see or if anyone you know may want to see, let me know. Thanks so much because the only way we can stop this is if we band together, I've been fighting this thing a long time.

Just so you can know what's going on with my home. I've recently checked around the house and believe it or not, some of the walls, where the two walls meet or cracked straight down the middle as if the walls will fall apart and you can actually feel the wall give. The cracks along the window panes, door frames, baseboards, and across the walls are definitely getting worst

Another update. I got a reply from the DA's office in Clarksville finally eight months later (possibly due to the post I put here saying I haven't heard from them), it reads:

Ms. Gates:

Last July I reviewed the documentation that you dropped off at my office concerning your problems and complaints. At that time, I asked for a copy of your contract with the Blackwell's.

I have reviewed all of the documentation that you submitted. While you have submitted a lot of paperwork that documents your complaints against the Blackwell's and your efforts to get help from the various government agencies, I do not see anything that leads me to believe the Blackwell's should be prosecuted with a crime. While it is a misdeamenor offense to engage in contracting without a contractor's license, it appears to me that the Blackwell's have been fined by the State lincensing board and that they have resolved any issues concerning their contractor's license. We do not ordinarly step into the middle of matters of this nature are being handled by the appropriate licensing agency.

I know that other Tennessee government agencies have already advised you to consult with a private attorney to pursue any civil remedies you might have against the Blackwell's.



My REPLY TO HIM IS THIS

Dear Mr. Brollier:

I received your letter on yesterday dated for the 2 of March. I found it quite interesting for several reasons. It took you months to give me any type of response and I think it’s partly due to a post I recently put online, stating you never got back to me. It’s only an assumption on my behalf.

Now I would like to respond to your letter because I found it quite disturbing to read from a DA.

In your letter you said that “I do not see anything that leads me to believe the Blackwell’s should be prosecuted with a crime.” First of all, I will send with this letter a few builder’s who were prosecuted for just unlicensed activity and jailed. That in itself has nothing to do with the actual criminal part of what they done (Blackwell’s).

As a DA who I am sure have prepared and prosecuted many cases, how could you say that? I could understand if it pertained to just my home, but I sent you proof of many homes they built taken right off the TN Real Estates website. Not only that, I sent you the homes and names of owners that they completed in my area, after the cease and desist was ordered, when they lied and said that they had indeed ceased and desisted when in fact they hadn’t.

IF it was only my home in question, and none of the illegal aspects of false representation, falsifying documents, lies and deceit, and fraud wasn’t involved, sure, the fine, would have sufficed. However, it wasn’t and you know it because you have proof. TN states the act of unlicensed activity is a fine of $1000 for that act, which is a class c misdemeanor offense. Okay, what about the nearly 100’s of homes that they built, which constitutes many class c misdemeanor’s. If a person on the street had that many misdemeanors you know without a doubt he or she would be jailed and stuck with a record. I’m just talking about their unlicensed activity. What about all of the other illegal activities?

Yes, complaining about a poorly constructed home, that is a civil manner, that’s common sense. But, with all the other entities involved, that moves it from the realm of civil to criminal in my opinion and the opinion of others.
They didn’t only harm me mentally and to the point of physical ailments due to stress, they committed illegal acts against me. #1They represented themselves as licensed contractors and we all know they wasn’t, (so if they did it to me, common sense says they done it to all the other homeowners). #2 Their father, falsified financial documents to give to the contractor’s board (which is what is required to renew your license), to renew his license, as if he was still in the business, and again, we know he wasn’t. Isn’t that FRAUD? #3 The son’s lied to the board and the city, they got close to if not over 100 permits to build (by the state of TN, that’s a fine of $1000 for each permit that they got for building illegal), but the board only fined them $1000 for my home, when they too knew of all the permits, because they pulled 3 to fine their dad $3000. #4 If you read the papers I sent, it clearly stated that (from the contractor’s board), that if any name on my contracts at closing was any name other than William S. Blackwell, the contracts aren’t legal and it’s a violation. You ALL know that the father’s name wasn’t/isn’t on any of my contracts. How would his name be on them, when he wasn’t in the business? So doesn’t that constitute falsification of documentation and fraud? #5 I entered into my mortgage contract under lies, deceit, false representation as contractors, and falsification of documentation. It was because of the Blackwell’s I got the loan, and by the way, their name is on some of the mortgage papers too (again, illegally and unauthorized)

Not only all of that, the city business office said they weren’t listed as a legitimate business (you know this too, because if you read the paperwork, that communication between the city’s business office and myself, was included). It makes sense. How could they be listed as a business? The actual business name was Blackwell Construction (the father’s business), the son’s started using their own title as Blackwell and Blackwell Construction (when they just took over), which couldn’t be legal because they had no license to operate it. There’s no way around that. Isn’t that fraud, etc?

The title company continued as well as the seller for the Blackwell’s home, continued to close for the Blackwell’s even after knowing all of the evidence against them. Sir, something is not right with that.

Now I ask you, with saying all of that, do you still tell me that you don’t see a crime committed or that they shouldn’t be prosecuted with a crime. Your right, they should be prosecuted with crimes (plural)!

It’s an outrage that the DA’s office and the permits department had allowed this. In my opinion the permits department should have gone after them as well, but when I think about it, why should they, (they made money out of the deal, just like the board, and overall the city, by the way it’s a crime to obtain monetary gain illegal, isn’t it)?

The Blackwell’s done this to many people and they built many homes. They should have been handed down stiffer punishment. It goes to show that money speaks more than honest and truth. It also goes to show that there is a foul system that seems to be in place in Clarksville and a lot of people are now believing this to be true! It’s seems to be all about who you know.

You know as well as I do the outcome of the board. They did nothing for me, but got the information they needed to fine Mr. Blackwell those $3000 and the son’s that $1000, which was all a joke. So, no, they didn’t address the other illegal aspects of it all.

Lastly, yes, some agencies told me to get a lawyer for instance; Consumer Affairs, who should have definitely came to my defense, but kept saying that the Blackwell’s wasn’t cooperating so it was nothing they could do (on 3 occasions). Then what good are they for the consumer’s and why are they called consumer affairs? The same thing goes for the BBB, and the Commerce Insurance Board; (who by the way regulates the contractor’s board and consumer affairs).

I am not a lawyer, but I am highly educated and have plenty of common sense and I don’t agree with what you wrote to me at all. I will place the contents of your letter word for word onto my website.

You said that the Blackwell’s resolved their license issue? With all due respect, or you kidding me? From the time, I started complaining, to the time they got (one of them) a license, was over two years (exactly 2 years and 1 month). The ONLY reason they got a license was because of me. They would have continued on just as they were, if I hadn’t done all I had done, which forced them into getting a license.

Lastly, just because they got a license doesn’t delete all the civil and criminal things that have been done. You’re an Attorney, you of all people in the world should know that, but that’s about the gist of what you’re telling me (that it does), when we both know it doesn’t.

I was already told by several that you wouldn’t do anything concerning the Blackwell’s, now I see that is true.

Thank you,

If there is ANYONE who had a home in Clarksville, TN built by the Blackwell and Blackwell Construction from 2006 up until August 2008 and you are having trouble with your home please contact the Assessor's Board on 350 Pageant Lane 931-648-5709. If you are having problems you should also contact the Contractor's Licensing Board, Consumer Affairs, etc. But, definitely the Assessor's Board, this would be an oppurtune time for you to do so. This is the time frame that they weren't licensed or authorized to build.

My sister has this problem as well. I will talk to her ASAP. Your info here is very helpful!!

Wonderful, (not that she's having the same problems), but that you will talk to her. Please by all means spread the word. There need to be more people complaining and stop sitting back being miserable and doing nothing about it. I know for sure others are unhappy, it's time that they speak up. Something needs to be done about all of this. But, please make sure that she contacts the Assessor's office ASAP!