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Contractor didn't have insurance when he made significant mistakes at Silver Creek home

Posted at 6:38 PM, Apr 13, 2023
and last updated 2023-04-13 19:06:33-04

SILVER CREEK, N.Y. (WKBW) — There have been multiple updates since 7 Problem Solvers first brought you the story of a basement blunder at a Silver Creek home, including new inspectors who have come out to look at the property.

Last year Danielle Hammer and Daniel Cuccia hired Newcomb Concrete and Construction LLC to turn their basement, into bedrooms for their two daughters. They paid $26,500, most of the cost of the total job.

The work, which the couple said they were told would last a month, started in September and went into December.

RELATED: Silver Creek couple facing code violation fines for contractor's mistakesSilver Creek couple facing code violation fines for contractor's mistakes

Hammer and Cuccia hired a private structural engineer who found multiple violations in the foundation's construction. That included walls that were not straight, and a cracked main beam. The engineer's report states that the main beam had cracked "presumably during the demolition of the basement wall."

"I was mad, I was angry," explained Hammer. "I was pissed."

In January the Village of Silver Creek's Code Enforcement Officer Daniel Hogg wrote in a letter to Hammer that it was the couple's responsibility to fix the basement.

The contractor Matt Newcomb was given time to fix it, however Hammer and Cuccia declined him coming back to their home.

"I am not letting [Newcomb] touch my house ever again," said Hammer. "I'm not letting him put my children's lives in danger, or my life in danger...It's not happening.”

Hammer showed 7 Problem Solver Michael Schwartz texts messages between her and Newcomb. One message at the beginning of the project stated:

"I seriously have 2 million dollars insurance if I f****** you are totally covered."

However 7 Problem Solvers learned that Newcomb did not have insurance during the project. In a letter from Erie Insurance Company, Hammer was told she cannot make a claim against Newcomb, because his policy expired on August 13, 2022, which was weeks before any damages were made.

Newcomb texted Hammer in January:

"I didn't realize about the insurance..huge f*** up on my end .. I honestly didn't know till this all went down.. after I lost my card and got a new one the auto payment stopped going threw and the emails went to junk mail.."

Hammer and Cuccia said they can't afford to sue Newcomb, nor hire a new contractor to fix the work. They are looking for a refund from Newcomb, but the contractor told Schwartz he is still owed thousands of dollars form the original job.

Hammer said Hogg came over to look at the work during construction. She feels Hogg should've stopped work after the main beam cracked.

Schwartz contacted Hogg, who said it's the home owner's responsibility to do their research on responsible contractors, and the village cannot do anything more to hold this contractor accountable.

He said they were given the options to have Necomb come back, have the structural engineer approve the foundation, or hire someone else to fix it before February 28. If not, the home would be deemed unsafe under New York State Code and Village of Silver Creek Municipal Law.

The deadline was extended. The new inspectors from the Town of Hanover, who recently visited the home, told Schwartz the home would not be condemned.

Hogg has not answered recent texts or calls, but according to the Observer he has recently resigned from his positions as code enforcement officer for both Silver Creek, and the Town of Hanover.

Schwartz also has called Silver Creek's Mayor Jeff Hornburg for more than two weeks, but he has not returned any messages. Hornburg sent the couple a letter on March 9 that stated, "I feel we have done all that we can do."

Schwartz went back to Silver Creek after the first report aired on this situation, and the basement remains unfinished.

If you have a consumer problem, email Michael at 7ProblemSolvers@WKBW.com

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