Round 10 – Beatin’ but not down! June 10, 2008
Posted by Calvin Florian in :: Our Bad Experience with these Guys, Miscellaneous.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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If you’ve read any of what has been written in past posts you’ll understand the subject line of this post. We’ve been burned and we’re still a bit singed on the edges. There are a lot of dishonest people out there and we’ve found more than a few – from Jimmy Mills to fraudulent City inspectors – oh wait, haven’t got to that yet.
The picture above is an itemized list from our framing crew. They were to frame our house, then afterwards apply all of the siding on the house, complete construction of our decks and screen in our porch. We got about the framing part (minus several adjustments), about 1/3 of the siding part and NONE of the rest. A third through the siding and after many delays we were told by our framing crew that they had done more work than expected and that we had to pay for all of these “Extras” before they would proceed with work.
By this point we had paid forward a bit so they could still receive a weekly check to pay their crew. Generous and at the same time stupid. Stupid to trust these assholes would do the right thing. Finish the work they were paid for and complete the job correctly.
At the time they presented this to us we were taken back a bit to say the least. We knew they had done SOME extra work and we were willing to pay for that, but not the $19,000 extra they had claimed we owed them. It was ridiculous and led to at least a month of phone calls, faxes, delays and ultimately to their firing. On top of that we decided to sue them and beat them from putting a falsified lien on our property for this money. We knew we had a case and were willing to fight them in court for it.
Reason this comes up now in the process is that mid-February, with the construction of our house coming close to a close, our court date had finally arrived. That day, in the Gwinnett County Courthouse we had Russ, Brian, Kelly and myself in tow. We were all ready to get this over with and have record show that we were in the right.
Upon entering we were all a little nervous, except Kelly that is. She’s in court for work all the time so it was nothing to her and she was fired up! Not even the awkwardness of seeing the framers outside of the court room bothered her either.
Once our time arrived we were ready. The way our contract was set up – between Russ and the framers, meant that Russ had to deliberate on our behalf. Good practice for him for future jerks that want to take people’s money. We spent at least half an hour being interviewed by either side. I got on the stand, Brian on the stand until the judge had decided that she was ready to rule.
Based on her findings she decided to throw out the case. Mainly because of lack of bookkeeping on everyone’s part. If we had contracts in place when adjustments and changes had come up we would have been in a better place. So they didn’t end up with amy money and we didn’t end up with money back for the work they didn’t complete. In the end they probably ended up with extra. Paying forward seemed like the right thing to do at the time, unfortunately it didn’t end up that way.
Eventually I look forward to getting Jimmy Mills and Harry Cardile in court. Payback is hell and karma is a bitch.

The Audacity November 21, 2007
Posted by Calvin Florian in :: Our Bad Experience with these Guys.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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If you’ve followed this blog, know us or even watch the local news occasionally, you might have received wind of our story – we had the unfortunate experience of having money stolen from us during our construction process…something we later found out happens more often than not in this business. This money was taken by a builder that we hired by the name of Jimmy Mills. It has taken us months and months of stress, anxiety, and heartache to get where we are to this point. It has forced us to take out a home equity loan as well as maxing out our credit cards in order to recover some of the money that was taken. Not only that, it has put us under a tremendous amount of stress and it has made us almost want to give up finishing our dream home together.The reason I mention this is because we recently got a letter from a local law firm. It was a letter in reference to Harry Cardile and it threatened legal action against us for posting slanderous accusations on our blog. The law firm states that Harry Cardile just “introduced us to Jimmy” and only “acted as a consultant to Jimmy and never worked for us directly.” UNBELIEVABLE. If Harry were a true consultant to Jimmy Mills then we, Kelly, the architects and myself, would have never come in contact with him…something we did on a consistent basis. If you search Harry on our site you can read about his involvement since the beginning of this project, but let me take this opportunity to explain further in greater detail.Harry Cardile was referred to me by our bank loan officer and was the first person we talked to at the beginning of our working relationship. He told me that he had ownership in a local construction firm by the name of Braselton Custom Homes, but that this company would not be available to do this type of house. He then went on to tell me that a good friend of his by the name of Jimmy Mills had a company that he had just started and they wanted to work together on a project such as this. The name if this company was called Visibility and they consistently reinforced to all of us that the two of them would be working together, within this company, as a team. It was no way explained to us that Harry was just a consultant to Jimmy.When we first met with the two of them, Harry defined his role, without a doubt, as an integral part of the team. They told us that he and Jimmy Mills would be involved throughout the entire process of building our home. Harry made sure to mention Braselton Custom Homes over and over again and if you want to know the truth, this is how he hooked us all. Let me explain, if you look in the emails that he sent and the conversations that we had with him, he basically sold us on the fact that he was an owner in this successful, home building business called Braselton Custom Homes. He always brought it up in conversations and meetings and even sent us emails from his Braselton address. He even went so far as to invite all of us to see some of the homes that Braselton Custom Homes had built…even though this company would not be doing any of the work on our own home. He was successful in convincing all of us that we would be better off hiring he and Jimmy because of his experience with his company…well it worked and they were ultimately chosen as our builders, not only because of his experience with Braselton Custom Homes, but also because of how they presented themselves.I want to clarify that Braselton Custom Homes never worked on our project and Harry Cardile was not under contract personally to perform any of the work on our house, HOWEVER, he consistently and without a doubt represented himself as part of Visibility for this project with whom we ultimately were under contract with. It’s important for us to mention this because we believe that the general public has the right to know what Harry Cardile did. For instance, this email excerpt below. Read it and tell me what you would think.
“Hi Calvin, It was a pleasure meeting with you on Tuesday. Jimmy and I appreciate the opportunity to work with you and Kelly on your house construction project. We have considered the various aspects of the project and propose the following: 1. Visibility LLC will be the primary construction manager for the project. Jimmy will take the lead on construction activities, with either himself or one of his superintendents on site full-time during critical phases of the project (e.g. concrete pours). I will be more heavily involved in the up-front planning phase and throughout the project from an oversight and business standpoint.2. We would propose to perform the project on a cost-plus basis under the AIA contract (using A111 or A121), tailored for the terms, fees, activities and deliverables associated with the structure of this project. For projects that we perform with Braselton Custom Homes, we typically begin work under a $5,000 fee for the pre-construction or planning phase, and then actual cost plus 16% for the construction phase. We can discuss fee structure in more detail once we have some estimates on cost to construct.3. The following are references for you to contact regarding work that has been performed under Visibility’s responsibility and direction. These are the most appropriate, since Visibility is the primary onsite construction manager. I would also be happy to host you on a visit to some our homes in Braselton. Even though they are quite different homes in style, it would give you a sense of the quality that we expect and demand.Visibility References: —————— —————— —————— ——————We expect to have rough pricing prepared early in the coming week. We’re certainly intrigued with the unique and creative design that you are developing and would welcome the opportunity to work with you and Brian on the project. Let us know if there is any other information that you would like to have in order to make your decision on us as your builder.Please feel free to contact me directly at ———Best regards,Harry”
So what do think when you read that? Do you feel like Harry is a part of the project, process, team? We sure did. Not only that, we were happy that there were two of them because that would mean that there would be a system of checks and balances between them and there would be more people involved in the overall process. Harry was present at many of the meetings we had which were held on and off site and he participated in conversations we had through phone calls, conference calls and emails as well. He was heavily involved in the contract negotiations and throughout the entire process, before and after contract signing. He continuously represented himself to us and our architects as an active and consistent member of our building team.When Kelly and I met to sign the contract, only Jimmy came to the meeting. We did not think that this was odd because we took it as Jimmy signing for the both of them under “Visibility.” We never questioned Harry not being there because as we all understood it, they were a team working under the name of Visibility and that only one person needed to sign the contract for the team.Still not convinced? How about this email from me asking what his role would be in the process?
“Calvin,Sorry for my tardiness in getting this to you, but I owed you an answer to your question regarding the roles that Jimmy and I will play during the construction phase of the project. Obviously, Jimmy is the project manager and therefore the primary point of contact and decisions for all things construction. In that regard, I am actively supporting the construction process in areas that include financial management, contractor identification and selection, finish selections and onsite supervision, where appropriate. I will visit the site at least every two weeks to monitor progress, and Jimmy and I are in constant contact during each week to stay in synch. You have both of our brains and eyes on the project, which is a net positive, I hope.
I’ll also attend the status meetings as we get underway and will sit in for Jimmy if and when needed. Let me know if that answers your question.Best, Harry”
After the contract was signed, we all noticed that Jimmy was not holding up his part of the bargain and we began to worry. I, on several occasions, called Harry to talk about my concerns with Jimmy’s performance or lack there of and Harry told me that he would talk to Jimmy and get all of this worked out. Never once did Harry stop and say to me that he was just a consultant and could not remedy this situation because he was not a part of Visibility. In fact, he told me quite the opposite and that he would speak to Jimmy and get everything worked out…again, he always participated and yet again, showed that he was working for us…and not just a consultant to Jimmy Mills. When our working relationship with Jimmy became unbearable and we realized that he was incapable of doing the work, we put a temporary hold on the project so that we could try and fix everything before continuing. Long story short, Jimmy refused to give us back the money he had in his account that was supposed to be used to build our home and we had no choice but to pursue legal action to try and get our money back.When we contacted Harry to tell him what was going on, he suddenly started breaking ties and saying that he was just a “consultant.” When the four of us, me Kelly and our architects heard Harry say that he was just a consultant, all of us were absolutely flabbergasted and could not believe what he was saying. Never once had we EVER heard him or Jimmy express, acknowledge or label Harry as a consultant. We were all totally shocked and stunned!!We perceived his actions and words to be that as a partner in Visibility…period. When Jimmy took our money, it was only then that we realized that Harry had no legal ties to Visibility. At this point, we had to go through the process of firing Jimmy Mills per the contract and to this day we have not received a penny back from him. Not only did he take almost $40,000, but our total loss after he left due to non-conforming work that needed to be replaced (such as the foundation for the house), legal expenses, sub-contractors filing liens ( Jimmy did not pay them forcing us to pay for work twice to dismiss the liens), remobilizing a new contractor and refinancing loans made our loss close to $100,000. We did not have to formally “fire” Harry because, as we found out, he was not a part of the business on paper, even though in actions and in words, he had presented himself as such until this time. Harry Cardile is now acting as though he was never formally involved in this project. He verbally and in writing (as these email references show), was very much involved from the get-go, and consistently represented himself to be formally involved in our project and Visibility.Harry Cardile told us that he couldn’t do anything to make Jimmy Mills give us our money back. But, he could have at least stepped up to the plate and made good out of a situation that went wrong. This is the guy that brought us all together, was an active team member, consultant, participant, whatever you want to call him. The truth of the matter is, we have so much more documentation than this and it’s really sad that Harry Cardile is more concerned about his reputation than concerned about how he mis-represented himself to all of us. When Jimmy took our money and we turned to Harry, as we had turned to him for help in the past, he would not even acknowledge that Jimmy did anything wrong in the phone conversations that we had with him. After many phone calls and heated emails, Harry did finally agree to step in, talk with Jimmy and bring him to the table. But nothing ever came of this and we have no idea if he ever spoke with Jimmy Mills at all.Harry never offered to return any of the money that he made during this process knowing our financial situation that Jimmy, his friend, left us in and knowing that he put this team together. Furthermore and most importantly, Harry Cardile never even offered to finish the work and or job that he told us in writing and face to face on many occasions that he was going to do. Instead, he ran so quickly away from the project and left us high and dry. He has spent most of his energy and time screaming the word “Consultant” which we now call him since he is insisting that is what he was even though again, he never described himself in that manner before his friend, Jimmy Mills, took our money.I’m really sad to have to bring all of this up again because we have all tried to get past this and it has been a really, really difficult experience for us. I cannot describe the amount of heartache and stress we have all been through this year.This blog was never intended to be used as a means of “slandering” someone, as his attorney puts it, who we felt had done us wrong. This blog was meant to document the process, and the experience of building our dream home. However small our website is, we feel it’s our only tool to let people know what has happened to us, who was involved and to help someone else not make the same mistakes we did. So after all we’ve been through so far it’s unbelievable that Harry Cardile would even consider trying to sue us…. The Audacity.
Our Budget (or lack thereof) September 3, 2007
Posted by Calvin Florian in 6 :: Building Process, Financing.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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Since Russ started we’ve been meeting twice a month to review status – BLDGS(Brian and David), Russ (Our GC), Kelly and myself. Since we’re all handling different aspects of the project it’s good for all of us to check in, see what each other is working on and figure out what needs to be done. A big concern of mine lately has been budget. I guess it’s been a concern of all of ours from the beginning and that was the first item on our agenda – figure out where we are heading with project costs.I know you’ve probably read in past postings about us doing this same thing and wonder why we keep doing this. Well each time a new builder comes on, a new budget is prepared to make sure we’re all on the same page – what we all expect costs to be. We’ve had two builders before Russ – the horrible Jimmy Mills of Visibility*** and the other, who I will refrain to name who seemed like a good guy, probably a good builder, but he billed us a lot of money and did not get much accomplished either – $9500 for his supervision for 3.5 months work. I know we probably look like suckers, but I swear we’re not. Maybe just too trustworthy. We have this crazy idea that people we’ll do what they say and say what they mean and actually do some work.Anyway, this was our first meeting with Russ to really nail down some budget specifics. We went through every budget item, discussed and adjusted as we reviewed. Some things went up, some went down and some fell into other line items we had covered in the past. We ended up being $34,000 over budget at the end of our meeting. Yeah, a lot of money. Remember, after our money was taken we had to put money in to fixing/repairing work, legal fees, continuing interest payments, and the list goes on – a direct affect of Jimmy Mills. A good amount of this money we wouldn’t have had to spend if we had an honest builder.As you can imagine since this meeting we’ve been stressed out. We’ve been thinking of ways to cut things out or do some of these line items ourselves – painting, landscaping, cleaning the site, you name it we’re up for it. We’re just happy to have Russ and BLDGS on board. Russ has a great attitude and isn’t afraid to tackle a project himself. BDLGS is great support for Russ and us, making sure everything spec’d is in order and we get a great house in the end. We’re hoping with a great support team we can get through it.***One thing I wanted to explain is that we lost MORE than $40,000 when Jimmy Mills left. To break it down further, at the beginning of the project, Jimmy had gotten 10% of the project budget ($37,834) to use for mobility – basically to get things going. Eventually that money would go towards the project as portions were done. A small, small precentage at the beginning was his to keep – just a nominal start fee. Keep in mind that we had already given him a $2,500 retainer which he and his “Consultant/Team Member” Harry Cardile probably split. The way he was to be paid moving forward per the contract was by the percentage of work done. After several months in he was then able to make two construction draws ($24,524, $16,613) – that was for grading and foundation walls. The bank gave him money before he even started the slab. At this point he was up to $78,791. He ended up pouring the slab – poorly supervised every aspect of it then didn’t even pay the concrete guy for his work. He wanted to try and lay blame on the concrete guy to cover his ass, and then have him(or us) pay for pulling out and re-pouring a new slab. After the smoke cleared he not only took the balance left after work done on site, but also the money that was to be given to the concrete guy. On the back end, we had to pay for the slab to be removed and re-poured another $12,000 or more in the hole. Afterwards we had to spend even more money on pursuing him legally(which we’re not finished doing), among a ton of other little things. There has been a big trickle down effect ever since Jimmy Mills left with our money and as it stands now he owes us A LOT MORE. Update on Jimmy Mills – He is now working in Baton Rouge, LA for a big company called Dewberry. He’s probably figuring out a way to take someone else’s money. He’s also promoting his book “Building Serenity” which to us is a big joke, might as well be fiction. Read an excerpt from his book by clicking here to see what I mean.
Beyond Ridiculous! August 22, 2007
Posted by Calvin Florian in 6 :: Building Process, :: Our Bad Experience with these Guys, Financing.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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We have had the luck of having credit cards to float expenses to this point – concrete, lumber, etc., AND the grace of having an understanding builder and subs start work without pre-payment. If it wasn’t for these things we would not be building our house. It’s like pulling teeth to get the bank to distribute us money. Per their system, they inspect the site and give us money based on work done on site. What about materials you ask??? Well apparently that’s our burden to bear until they are ready to pay us! Currently we have had to pre-order about $15k worth of materials to get subs materials to start working on WITHOUT being able to request money from the bank beforehand. Sounds ridiculous doesn’t it? On top of this we only have a few draws left then they charge us $75-$100 for each draw beyond their limit. In order not to use more draws we have to float more of the money for work on site so we can call in the inspector once there is a lot of work to show for.
The builder we fired Jimmy Mills, was able to get mobility money at the beginning and draw money on work not completed – unbelievable. If you couldn’t tell we’re just a little frustrated by all of this. It’s fresh on our mind as the bank put on hold releasing money until they receive our “Foundation Survey” – showing where the house sits on the property. To me that’s the least of their worries. They should be more concerned that we finish this house.
The layer underneath August 19, 2007
Posted by Calvin Florian in 6 :: Building Process.Tags: Jackson Company, modern architecture, Modern Home Construction, Russ Jackson
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It’s obvious at times we just gloss over the specifics of building our home. That’s partly because most people just don’t have the time to read everything that’s going on and I would never expect them to. I immediately shy away from anything over two paragraphs long without pictures. Sad, but true. Writing a quick blurb and posting a picture seems to go much further. I’m shying away from my usual here to give you a little more.What I wanted to mention is that layer underneath – the constant decisions to make, materials and finishes to pick, budgets to scrutinize, people to pay, anxiety to manage, and on and on. It doesn’t seem to stop and to that matter – it don’t quit. I know it’s not much to sacrifice for being able to build your own home so I don’t expect much sympathy. As far as free time goes though, there is always an extra task or two or three that gets added to our days. Whether it’s on our lunch break, after work or on the weekends there’s always something to be done.Lately we’ve been challenged paying for materials and subs on credit cards hoping our next draw will cover the next sub and then the next. We had to take out a home equity line to replace the money that was taken from us just to keep things moving forward. We’re constantly assuring subs that payment is coming knowing that we have to wait til the bank issues our draw. It’s stressful and frustrating. Especially when all we want to do is pay someone for the work they do and pay them on time.On top of all of this we’re still having to wrap up issues with the grading and concrete sub we had let go of. We ended up firing them once Russ came on board because we had no faith in their ability to get anything done. They broke one of the small footing walls which we had to pay to re-pour. They also back filled around our footings with bad fill – wood, silt fencing, etc. We had to pay to dig that up and, re-tamp and properly fill. I have to speak with the owner tomorrow to inform him of the cost we have to bill back against his invoice. Not something I’m going to enjoy, but he’s lucky we’re not throwing in the Architect and Structural Engineer’s fees.Did I mention budget? We’ve done so many budget excersises, sadly with contractors that didn’t put much effort into providing us with something real. Not that everything in our budgets were off, just some. Regardless, we’ve constantly had to gauge what’s real versus what was an educated guess. Now that things with Russ have kicked in we do feel better knowing that he’s putting more than a guess into the process. He gets it.Of course I’m failing to mention several other things in the mix, but I’ve already bored you enough. Now you get it. There’s plenty going on underneath the pictures of progress and there’s plenty of stress to go around. Luckily the end isn’t that far away and the reality is that it’s the beginning we’re headed towards.
Spreadsheet Hell July 30, 2007
Posted by Calvin Florian in 6 :: Building Process, :: Our Bad Experience with these Guys.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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The tiny shot above is a screenshot of my desktop. I currently have four spreadsheets open all for different purposes. One to track monies paid, one to track subs contact info, one for our budget comparisons and lastly our recently adjusted draw schedule. There’s a lot to keep track of when you’re paying the bills. Timing is everything and our timing is rough right now.
Mainly because we’re having to adjust to being short $40,000 in our budget. This money could have been used for mobility, a way for us to pay subs ahead of time instead we’re having to adjust our draw schedule just to pay for the slab pour over again – another thing to thank Jimmy Mills and and his “Consultant/Team Member” Harry Cardile for (Karma will not be kind to you my friends ).
We also had to pull out money we had set aside in our budget to pay interest during construction to pay subs and others to do work. As it stands now, we will not have any cash until we finish this slab, part of the reason things have been taking so long. Once we have that, we’ll be waiting for the next draw for money, then the next draw, then the next….you see where this is going?
Our Channel 2 News Report July 5, 2007
Posted by Calvin Florian in 4 :: Corley St Videos, :: Our Bad Experience with these Guys.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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A good friend of ours who works for a national consumer radio show kindly tossed our story in front of one of our local news anchors which resulted in him coming out and doing a piece on Jimmy Mills – his poor work and him taking our money. Unfortunately he couldn’t mention Jimmy, but will in our follow up piece.We had a bunch of people see the piece and give support – neighbors, friends, etc, some who didn’t know we were building. It got a lot of coverage as Channel 2 aired it several times. We’re thankful they took the time to cover it. Makes us feel we’re not alone in this. Thanks Kim! Thanks Tom!
Tear it up. June 12, 2007
Posted by Calvin Florian in 6 :: Building Process, :: Our Bad Experience with these Guys.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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It’s time to tear up the slab. It’s one of many issues we’ve been trying to get past, issues caused by our old builder Jimmy Mills. He did such a poor job of supervision on the slab pouring that in the Structural Engineer’s report the engineer labeled almost all of the slab work “unacceptable.” Afterwards, Mr. Mills tried to state that we should bear the cost of re-pouring the slab. So sad to think that people still operate this way. Regardless, concrete is coming out this week along with some feelings we’ve been holding on to for too long. It’s good to move on.
Our Bad Experience with Jimmy Mills and Harry Cardile June 6, 2007
Posted by Calvin Florian in :: Our Bad Experience with these Guys.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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You knew it was coming. I’ve mentioned it briefly in other postings, but never had the energy to write about it. As we slowly get further away from our unfortunate experience it makes it harder and harder to recall the anger I feel towards the guys we chose to build our home. This feeling comes at the most unpredictable times. Riding down the road on a Sunday afternoon, waiting in line at the store, zoning out while having dinner and every time I feel the same way – mad as hell. People that know me know that me being “mad as hell” is hard to imagine. Knowing that Jimmy Mills took almost $40,000 from Kelly, me and my family while his “Consultant/Team Member” Harry Cardile did nothing, then it’s not so hard to imagine.The General Contractor/Builder we hired to build our modern home – Jimmy Mills and and his “Consultant/Team Member” Harry Cardile – put on a good game face. Several items were incorrectly performed, leading to improper work that they insisted we fix on our dime. There were continual delays and excuses at every step in our construction process. We were continually promised a clear picture of our budget which they never delivered. In addition, the contract terms – such as issuing applications for payment before requesting draws, showing accounting for the project, letting us handle our own money after we requested it, etc., were not followed.How did Jimmy Mills take our money? After signing the contract, Jimmy Mills of Visibility Construction Management, took payments from us, declared bankruptcy, and then skipped town to Baton Rouge – so he says. And his “Consultant/Team Member” Harry Cardile – who is an owner with Braselton Custom Homes, took payment for his “services”, then washed his hands of responsibility, and walked away from the project. Our money was taken. They violated our trust, and left us with a hole in the ground and work that didn’t even meet state building code standards.We plan to outline in future postings some of the details, issues and trials we had with these guys to reveal just how poorly they handled our project. Even though we’re moving on, we feel it’s important to reveal our unfortunate experience so no one else works with these guys again. I really don’t like being so negative. So I’m sorry if we go on a few tangents in between a lot of positive things currently going on with the building of our house, but this needs to get out there and into our past.
It doesn’t take an army. May 31, 2007
Posted by Calvin Florian in 6 :: Building Process, :: Our Bad Experience with these Guys.Tags: baton rouge, Dewberry, harry cardile, jimmy mills, Visibility LLC
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After the first five long, and unecessarily drawn out months of construction with Jimmy Mills and his “Consultant/Team Member” Harry Cardile we were left with not much of anything. The work that was done for us was sub-par. Would have made you think that to build a house it took years and years and a small village to make happen- not so. Here’s some images from the first week with our new builder.
New Builder=Progress.











