Amador County – Amador County Supervisors last week gave a 2-year extension for a single family home building permit for a Signal Hill family involved in a lawsuit over claimed defective construction of a garage and storage building in Volcano.

Kevin Rodman, attorney for Nancy and Albert Clemmer, told Supervisors at their Sept. 13 meeting that the Clemmers had a metal building built on their property, which resulted in “obvious problems.” They were sued by the construction company for $8,000 and a cross complaint was filed, then the cement supplier filed a cross complaint.

The Clemmers hired an engineer, who said foundation problems affected a retaining wall and building. Rodman said: “Everything has to come out and they have to begin from scratch.” They are trying to get a loan to build a house. Nancy Clemmer told Supervisors that “construction loans are very difficult to get.” They have even “contacted a reality TV series to see if they would help us.”

Supervisor Chairman John Plasse said the soil was not compacted before construction took place. Clemmer in a letter said “severe defects in the construction of the barn have been discovered, after we pulled the house permit. Rather than address those issues, the contractor place the lien on the property and filed the lawsuit.”

Clemmer said it was “built to a minimum snow load,” which did not suit plans to have solar panels on the building. Rodman said they “built the wrong building.”

Clemmer said “we pulled the permit in good faith” and “it is still our intention to live there.” They sought an extension of the building permit, which needed approval of Supervisors, due to the length of time since its approval, according to a staff report. The plans were submitted in September 2009 under a 50 percent facility fee and a 50 percent wavier program for country recreation fees. The permit was issued in November 2009.

Clemmer said “we believe the contractor is dragging his feet on purpose.” Rodman said no court date or settlement conference had been set, and he expected several months to get to a mediator, and 7-8 months if it went to trial.

According to Court filings, Heath Construction and Development Incorporated is suing Albert and Nancy Clemmer in the case, and Amador Transit Mix is a cross defendant.

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.