Foundation repair man indicted for theft

Here’s an important update on our original Watchdog Nation report about a Fort Worth, Texas man who lost $19,000 in a foundation repair job.

This is the project that Watchdog Nation partnered with Mike Holmes of HGTV fame to correct after the foundation job went awry.

As readers of the Fort Worth Star-Telegram Dave Lieber Watchdog column first learned, Hubert Burdick, 48, who owns the home remodeling company involved, was indicted by a Tarrant County, Texas criminal grand jury for theft. Burdick is accusing of taking payment for work he never did.

Burdick previously served 15 years in prison for burglary and driving while intoxicated. He’s charged with theft of less than $20,000, prosecutors say.

Read the original story here.

Hubert Burdick, indicted for theft

Watchdog Nation contributed this cover story to Holmes on Holmes magazine about the incident.

Visit Watchdog Nation HeadquartersDave Lieber's Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong

Like Watchdog Nation on Facebook

Watch Watchdog Nation on YouTube

Twitter @DaveLieber

Dave Lieber, The Watchdog columnist for The Fort Worth Star-Telegram, is the founder of Watchdog Nation. The new edition of his book, Dave Lieber’s Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong, is available in hardcover, as a CD audio book, ebook and hey, what else do you need. Visit our store. Now revised and expanded, the book won two national book awards in 2009 for social change. Twitter @DaveLieber

AVAILABLE IN HARDCOVER, ON ITUNES (AUDIO), KINDLE AND IPAD

Watchdog Nation partners with HGTV star Mike Holmes to fix man’s house

When we went around the table on Thanksgiving night and talked about what each of us was thankful for, I told my family and friends the story of Royce Benson.

The last time I told you about Benson, 80, of Fort Worth, there was absolutely nothing for which to be thankful. He lost $19,000 when a man he hired to fix his foundation ran off with the money.

For readers of the Fort Worth Star-Telegram Dave Lieber Watchdog column who saw it first, it was a heartbreaker. Two brothers gained Benson’s trust. Billey Ray Burdick was a tree trimmer, and Benson says he did a great job. Hubert Burdick ran a small remodeling business and sometimes helped his brother.

Benson didn’t know it, but both had served 15 years in state prison for various crimes. Hubert Burdick promised to make foundation repairs. He and Benson agreed to a one-page, handwritten contract: “Replace two corners. Place seven steel rods all around house. Seal all cracks in brick. Seal all cracks in walls and inside.”

None of that happened. Benson put a deep dent in his savings with the $19,000 he paid the brothers in January. The only work done was some quick out-of-the-bag concrete patchwork and a bit of amateurish caulking. Afterward, Benson said, he felt like a fool.


Royce Benson shows "repair" work.


“This hurts a lot,” Benson told Watchdog readers. “My home is my biggest investment, and I wanted to keep it up.”

Within hours of the column’s publication, I began receiving calls from foundation repair companies. Each wanted to help Benson.

The first to call was Aron Finn from Perma-Pier Foundation Repair in Dallas. Finn said the story disturbed him. We began making arrangements for him to get involved.

Then a mystery reader alerted Canadian contractor Mike Holmes of HGTV fame about the story. In his TV show, Holmes on Homes, he heroically battles shoddy contracting practices by redoing the work. He gathers contractors and suppliers who donate time and supplies to carry out Holmes’ motto and “make it right.”


Mike Holmes


I got a call from one of Holmes’ assistants in Canada. He said Holmes heard about the story and wanted to make it right. Was The Watchdog interested in working with him?

So I’m thankful that for the past year, I got an education on foundation repair and enjoyed watching those folks work together. Finn made the job his pet project. “We just got really emotionally involved with the whole thing,” he says. “It’s not right what happened to him.”


Perma-Pier's Aron Finn, second from right, worked with Benson, right.


Holmes got Lowe’s to donate materials. And when the foundation company discovered an underlying drainage problem, Holmes brought in Roto-Rooter.

Workers found a leaking sewer pipe, which, along with drainage problems, left standing water in the back yard. That undermined the stability of the soil.

Chris Head of Roto-Rooter performed pressure tests and determined that the sewer line needed replacing. The Fort Worth company did that for free and also replaced the kitchen sink, tub and shower lines.

Perma-Pier workers installed 12-by-12-inch surface drains that will capture most of the water. They also injected soil stabilizer Condor SS, a chemical designed to keep the soil under the house from retaining standing water.

It’s a common problem in North Texas: Soil with a high clay concentration reacts strongly to moisture. A house expands when it gets wet and shrinks when it dries out during the summer.

After that part is done, the company will install the piers underneath. “It’s going to be a large job,” Finn says.

Benson is delighted with his change of fortune. He calls the workers volunteering at his home “upright and outstanding.”

Meanwhile, the Tarrant County district attorney’s office is investigating the contract between Benson and Hubert Burdick as a criminal matter because of the large amount of money involved. Assistant District Attorney David Lobingier said he intends to present the case to a grand jury in a month or so.

In a phone interview this year, Billey Ray Burdick denied any involvement, saying it was his brother’s business. Benson accuses Billey Ray Burdick of asking that two checks he wrote be made out to him. Burdick says that was done at Benson’s request.

Billey Ray Burdick, 46, received a life sentence in 1993 after burglary and forgery convictions; he also had an earlier car theft conviction. He was released in 2008 and is on parole for the rest of his life.


Billey Ray Burdick



Hubert Burdick


Hubert Burdick, 48, served about 15 years for burglary and driving while intoxicated, state records show. He was released in 2007. His business is Country’s Contracting & Remodeling. I have been unable to contact him.

Disclosure: Mike Holmes’ U.S. magazine debuted this month with a story about Benson and the Burdicks. I was paid to write the “Holmes Heroes” story, and I’m thankful for that. (Note: New Federal Trade Commission rules require bloggers to disclose when they promote a product for which they are paid.)

(Read Dave Lieber’s story in Holmes magazine here.)

I donated the earnings to Summer Santa, an all-volunteer children’s charity I co-founded in 1997 with Westlake Municipal Judge Brad Bradley. The money is enough to send two or three children to summer camp next year.

On a personal note, I’m thankful that SummerSanta.org has helped more than 33,000 area children in need with camp scholarships, free medical checkups, toys for area charities, back-to-school clothing, school supplies and other after-school programs. I’m thankful for the hundreds of volunteers and donors who make that happen year after year.

# # #

Dave Lieber, The Watchdog columnist for The Fort Worth Star-Telegram, is the founder of Watchdog Nation. The new 2010 edition of his book, Dave Lieber’s Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong, is out. Revised and expanded, the book won two national book awards in 2009 for social change. Twitter @DaveLieber

Dave Lieber book that won two national awards for social change.

Check background of home repair contractors before hiring

If the father and son had made a simple Internet check of the two brothers, they would have quickly seen that one of the brothers had been in prison and was searching for a woman. They would have recognized his photograph at this website, and then they could have known that everything might not have been on the up and up. Or they could have used a paid public site such as PublicData.com to quickly — and cheaply — research their backgrounds. They would have learned that both have served lengthy prison sentences.

But that didn’t happen.

Dave Lieber writes about how to protect yourself.

Billey Ray Burdick prison photo

Often questionable contractors gain the trust of the elderly, and then they are off to the races.

Two tree trimming brothers were doing work at the home of a 79-year-old Fort Worth, Texas man. One brother, who owned a contracting business, said that the man’s house foundation was cracked. If repairs weren’t made, the elderly man was told, Fort Worth code compliance officers could condemn his house.

The elderly man, Royce Benson, trusted them. Billey Ray Burdick had done good work for him as a trimmer. His brother, Hubert Kent Burdick, who owned the handyman business, went into Benson’s home and started making repairs.

Dave Lieber writes about how to protect yourself.

Royce Benson with his "repaired" foundation. Photo by Joyce Marshall/Fort Worth Star-Telegram

When all was said and done, Benson paid the brothers about $19,000 in January.

Benson’s son, Lyndy Benson, sent me photographs of the work Hubert Burdick did around the house.

Dave Lieber writes about how to protect yourself.

Dave Lieber writes about how to protect yourself.

He put concrete over the foundation cracks. Inside the house, he caulked windows and spread joint compound on wall cracks.

Dave Lieber writes about how to protect yourself.

To me, it looked like a few hundred dollars’ worth of labor. Certainly not anything near $19,000.

Suspicious, the son contacted another foundation repair company for an estimate.

Darrel Ford of Atlas Foundation in Burleson estimated that the house actually needed about $6,000 worth of work. The estimate included a city permit and engineering work, something the Burdick brothers didn’t bother with.

What did Ford think of Hubert Burdick’s work?

“I don’t think they did anything that will help the foundation at all,” Ford told me. “It was smoke and mirrors. He got absolutely nothing for the money. He could have hired a high school kid to patch and caulk.”

The son said that when he confronted Hubert Burdick, Burdick promised that a crew would show up to finish the work.

“He got real nervous and left,” Lyndy Benson recalled.

Father and son never saw the brothers again.

I did a background check on the Burdick brothers.

Hubert Burdick, 48, served about 15 years in prison for burglary and driving while intoxicated, state records show. He was released in 2007. His business is called Country’s Contracting & Remodeling.

Billey Burdick, 46, received a life sentence in 1993 after burglary and forgery convictions (he had an earlier car theft conviction). He was released in 2008 and is on parole for the rest of his life. His business is called B&B Tree Trimming Service.

The Watchdog called the brothers at phone numbers provided by Royce Benson. They didn’t work. I also wrote letters to both men, whose addresses are on Manor Drive near Azle, asking for interviews. Hubert never responded, but Billey eventually contacted me and insisted that he had done nothing wrong. He was not involved in his brother’s business endeavors. [Two checks were made out to Billey, but Billey explained that this should not implicate him in any way.]

Lyndy Benson told me that he and his father called Fort Worth police but that a dispatcher said it sounded like a civil matter that the police wouldn’t handle. They said they also called the neighborhood police officer for Wedgwood but didn’t get a call back.

A Fort Worth police spokesman says he could find no records of any calls to the 911 operator by either father or son about the incident.

People who believe they have been hurt by contractors can also complain directly to their district attorney’s office.

Assistant District Attorney David Lobingier told me: “With the amount of money involved and the allegations you’ve told us about, it’s something we want to investigate. We don’t want anybody taking advantage of consumers like that.”

I told Lyndy Benson how to go to www.tarrantda.com and download a complaint form for his home county.

The story the brothers used on the elderly man — that the city could condemn the house — is false, Fort Worth Code Compliance Director Brandon Bennett said.

A house would be cited for a foundation violation if it were in danger of collapsing. But even then, he said, officers would work with owners and allow time to make repairs.

He adds, “If anyone has a contractor that says, ‘The city is going to nail you on this,’ call the city. … Really, we’re all about working with owners to get things fixed so it doesn’t become a large problem.”

Lyndy Benson told me that when his dad gave the brothers $19,000 in checks, “He overdrew his bank account by several thousand dollars. It was quite a headache to get it all sorted out.”

Because Billey Ray Burdick accepted some of the checks in his name (he said his brother couldn’t cash the checks because he didn’t have a driver’s license, according to Lyndy Benson), Billey Burdick could face problems with his parole officer. He checks in with the parole office in Mineral Wells, state records show.

Royce Benson says he can’t afford to get the foundation repaired now.

“This hurts a lot,” he says. “My home is my biggest investment. I want to keep it up.”

###

Foundation repairs

Check out foundation repair companies with the industry’s trade group, Foundation Repair Association, which tries to promote high ethical standards.

Investigate a company’s record at the Better Business Bureau.

Consider buying a subscription to a public background search website such as PublicData.com which more than pays for itself many times over.

###

Dave Lieber, The Watchdog columnist for The Fort Worth Star-Telegram, is the founder of Watchdog Nation. The new 2010 edition of his book, Dave Lieber’s Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong, is out. Revised and expanded, the book won two national book awards in 2009 for social change. Twitter @DaveLieber

Dave Lieber's Watchdog Nation book won two national awards for social change.