A contract is a contract, no matter what costs may have changed since it was agreed to and signed. Would the contractor be hesitant to build her house if the prevailing wages had fallen 5, 10, 15 or 25 percent (resulting in more profit to him) - I doubt it. As for a building permit, I'm sure it wouldn't take long to get one put together soon, in which case Ms. Johnson should go after the contractor in the courts with all her enegery. People decry our litigious society, but when a contract is completely disregarded and the contractor will not accept telephone calls from Ms. Johnson, the courts are the only place she can seek relief.

I would agree with Ms Johnson. The contractor did sign a contract and should have been aware of inflated costs in building a new home. Shame on him if he did not research prior to signing. He owes the family a new home regardless of what he says would be a loss. If nothing else the publicity from this article will probably hurt him more. Thanks

I would agree with Ms Johnson. The contractor did sign a contract and should have been aware of inflated costs in building a new home. Shame on him if he did not research prior to signing. He owes the family a new home regardless of what he says would be a loss. If nothing else the publicity from this article will probably hurt him more. Thanks

My prayers,Terri, for the realization of your family's dream.

Another example of how the "functional absenteeism" regarding building permits of the Waveland city government and FEMA are hurting the victims of Katrina!

I think that it is time for the government to put a halt on ALL prices. I think that it is sick that the cost of living jump so high after such devastation. Why doesn't the President put a halt on anything rising in cost.

Sorry, the builder signed a contract. There should have already been a building permit in order to make a contract. He is liable and should be held accountable to build this house immediately. He made a legal oath.

I'm a native New Orleanian and I spent many summer days in my youth at my grandmother's house in Waveland. That house is still owned by my family and I own property in Waveland. My colleagues and I in upstate New York are eager to help residents of Waveland in their recovery effort. We are contributing to the "Spirit of Waveland" fund but is there a need for clothing or other personal items? Please contact me. Thank you.

They just live through hell why American are so mean when people are in trouble. Why dont they help each other instead of rising everything the wood the salary It is a shame I am proud to be a Canadian we dont cut each other troat.

SOUND LIKE TO ME THIS GUY IS A RIP OFF. HE SEES A WAY TO MAKE MORE MONEY.A CONTRACT IS A LEGAL DOCUMENT ONCE IT IS SIGNED. MR. PARKER IS MONEY HUNGRY. BUSINESS MAN THANKS FOR WRITING THE STORY PEOPLE LIKE THIS I DON'T CARE FOR.

Surely, there must be some time of casualty insurance OR better yet, government assistance made avialable to familes effected /affected by the hurricane(s). Possibly, with the huge OIL profits made OFF people before, during and after these hurricanes, OIL companies should also be approached as a possible financing resource .

I really feel for that family, but everything does go up after a storm of that magnitude. She has to understand that. I live in southwest Florida and we are dealing with the aftermath of Wilma. The cost of living here is outragously high. I'm living with family becuase I can't even afford a home, not even to rent.

Do you have a clause in your contract regarding the date the house was to be completed and the amount of $ he was to pay in penalty each day after completion date has past? If so you can start charging him after that date. Breach of contract could be considered - unless he files bankruptcy. I'm not a lawyer but had a contractor try the same thing. Thankfully the pentalty clause was in our contract. Good luck sweetie, I really feel for you.

I feel badly for Ms. Johnson, however I also understand the position that the builder is in. First of all, he can't pull a permit right now if he wanted to. There is aboslutely nothing that can be done if the city is not granting permits - not even the court system can force the city to allow a permit if there is a hold on new construction.

Secondly, builders do consider reasonable cost and labor increases in the cost of a home, however, no one could ever have predicted the extent of price gouging and FEMA coming in a paying workers double their current salary.

The contractor is basically stuck - if he goes ahead and tries to build the house (barring the fact that he can't get a permit) he will dig himself into a financial hole that he can't get out of. (Remember, he probably has at least 5-10 contract for houses.)

He will probably be forced to either declare bankruptcy go out of business because of the severe financial loss. Then everyone that has a contract with him will loose out anyway.

It shows bad faith on his part that he has not continuosly returned Ms. Johnson's phone calls, (He's probably completely swamped with phone calls and overwhelmed with the entire situation)however, he has not stated that he will not build the house. In fact he spoken openly with the reporter who called him and stated that he still hoped to be able to build the house.

I am a residential builder and the contract should have had a cluase in there for inflated costs of raw materials and labor, if it did not the builder should absoulty honor the contract. Since the contract has been signed the owner/client should fight it if the builder trys to charge her more. Permits are a sticky situation you are at the mercy of the city and their timeline. I wish the client luck and will pray for a good outcome....

I agree a contract is a contract. The bigger picture is that the builder is probably not a large builder and more than likely has little to no cash flow or reserves due to the conditions. If he starts starts the job, he will be working on a project that could cost him money that he doesn't have. That means the subs don't get paid and they file liens on the new house or work comes to a halt midway during construction due to no money. She would still end up paying the difference and likely a lot more to finish it. If you think the current situation is stressful and terribly awful, you need to make your thought box a lot bigger and realize life isn't too bad right now. There are several things that could make it worse.

There is a thing called "force majure" in contract law, which basically means that you're not responsible for acts of God.

But - this is not the case here. He is citing supply issues that are something he does have control over. He could have contracted for the materials and labor when he signed the original deal.

If he did not, then that's his problem - and he should bear the cost.

Remember the name of this outfit and his position next time you need a contractor..... you now know his position if things are unfavorable to him - what if there's a quality problem with his work that will require him to spend some more to make it right? Will he fix that problem voluntarily, or would you have to sue?

Hmmmmm.

I totally agree and feel for Mrs. Johnson as a mortgage processor for a bank a contract is a contract and can not be dismissed nor changed unless agreed to by all parties. I truly hope she held on to that contract kept it safe and dry and when the dust settles she will get her new home. She is in my thoughts and prayers.

i feel bad for terry and her family..however, katrina even affected the prices in alaska, gasoline prices skyrocketed causing prices of everything to follow...the contracter who is to build terry's home should explain this to her and attempt to resolve the situation or at least have the decency to talk to her.

It may be a silver lining that Ms. Johnson cannot get her house built per the contract she has in place. It is very likely that the construction techniques and materials required in the contract are of the same type that doomed so many homes and buildings in Katrina's path. Ms. Johnson and her family now have an opportunity to consider building a stronger, more hurricane resistant house on the same piece of ground. It may cost her more up front, but in the long run could save her money on insurance and when the next hurricane strikes.

Ms. Johnson is correct, she does have a legally binding contract, unless there is an "Act of God" clause, which is not uncommon.
However, beating up your contractor is never a good idea for several important reasons.
To say he should have been aware of rising costs is silly, as the hurricane hit as construction began. Furthermore, most contractors have a fairly thin margin of profit on their homes, so there is a real danger that he could loose lots of money, and he'd be tempted to cut corners and thus costs to save himself from ruin. A bankrupt contractor will do no one any good.
Most construction contracts can be twisted to allow contractors to substitute cheaper materials if they need to, so even if he’s really good, it wouldn't pay to force his hand. Materials cost have risen sharply all over the nation because of the back-to-back disasters. I just helped re-roof a home here in Maine, and the cost of materials rose sharply as we worked.
My suggestion is for Ms. Johnson to negotiate with her builder, and hold him to his suggestion to begin work on the home on a mutually agreed upon, prearranged later date, with a new contractual letter to seal the deal. MOST IMPORTANTLY, the new agreement should have a realistic completion date, so her contractor’s on-going work doesn’t delay her project further. And materials and labor costs are not likely to go down for more than six months, so she should be prepared for a long wait.
There are a few bright spots that she may have lost sight of…it was not her new house that was destroyed. She did not own a historic home that is gone forever – tragically large numbers of historic properties have been completely destroyed. And finally, her new home can incorporate hurricane safety measures, ties and the like, that might not have seemed important six months ago. Good luck to her and all who continue to suffer from the loss of family, friends, beloved pets, homes, and all that was safe, familiar and commonplace.

While I understand Mrs. Johnson is upset about her situation, I also understand the other side of this unfortunate circumstance. I hope that she is thankful for the fact that her new home was not distroyed along with her home she was living in. Please stay positive and work with your builder. Anyone who has ever built a home knows that set backs happen and things are not always perfect. You have livied threw a hurricane, what is 6-12 months extra to wait for your dream home!! Home is where your heart is !!! Put your heart into making the best of your circumstance for the next 6-12 months and be thankful that your family is alive and well!! I'm sure if you remain positive, have faith and have patience, your community will get itself back on its feet and your dream home will be worth the wait. God bless you and look to your community and those around you for strength. Material possesions are worth far less than your family and friends!!

Ms.Johnson you have a valid contract and your builder must honor it.I strongly recommend you have your lawyer fight for you.If you don't have a lawyer then please get one...I am a member of Pre-Paid legal service,represented by one of the best law firms in Georgia,Ms has same service,for about $26.00 a month you too can be protected.I'm not trying to sell you anything however you need this service now.Please e-mail me at hsk470@bellsouth.net and I will share the details with you.Bottom line let your lawyer fight your battle...there is real power in Pre-Paid legal services,it give the average citizen the power the rich have.Don't give up hope...be encouraged. GOD BLESS you and your family.

I've known Aaron Parker for over 40 years. He has never cheated anyone. This storm has made people face alot of changes. Look at the price of gas,electricity, food etc. Do you really think anyone would expect a house to be built for $160,000 that cost the builder $240,000. This storm was an act of God. Mr. Parker could not control the after effects of this storm. I doubt that Aaron Parker has not retuned Mrs. Johnson phone calls. I know his suppliers gave him bids at prices they are not honoring now. Mrs. Johnson faied to mention that the city of Waveland is considering makeing people put their homes on pillings(16-17 feet above sea level). Her home is around 14 feet above. This also would raise the cost of the "Dream Home". Who do you really go after?

We should all be careful and not say anything that could be misconstrued as rude, especially us Christians. We shouldn't assume that she isn't thankful and appreciative for her life, family life, and her other blessings.
That being said, I am praying for your family. It is a setback and it's got to be frustrating. I never, and I doubt some of the other who responded, have ever experienced what you and many people from your area have experienced. I lived through Opal in Brewton Alabama, and moved back to San Antonio Texas because I just didn't want to ever go through that again. Katrina was far worst then Opal ever was so I can only imagine, and again express my heartfelt empathy for all of you. Furthermore God spared my part of Texas from Rita (barring crazy traffic, gas shortages, food shortages, and extreme hot weather afterwards). So I would never want to say to anyone what he or she should do or be thankful for.
I just sincerely hope that you continue to trust in God and it will work out. The contractor too we must pray for, as we don't know his situation. Not saying what he is doing, by not calling you back or honoring his contract in a timely manner is right, but we must forgive those who trespass against us. I have to say he has sited some reasonable reasons as to why things are not going as planned however I think he could provide a workaround that would still be beneficial to both parties, if he tried. I pray that he will.
As for the Canadian who asked why we Americans kick each other while we are down, well that is such a blanket statement, which is absolutely wrong and judgmental. There are way too many instances that have been shown by wonderful Americans who reached out with everything that we have, and sometimes don’t have, that contradict that statement. I mean look at Texas! My stated showed the world how loving and supporting Americans are towards one another and it is still evident in Houston, San Antonio, Austin, and everywhere else. And that’s just one of many states of the Union, which reached out! We Texans have opened our doors to our neighbors, and I am proud to be a Texas and I continue to pray for each and every one of you!!!
Lorraine Goodridge-Truitt Austin (by way of San Antonio) Tx

One of the important factors that I see missing in some of these reponses is the fact that the builder had already started work prior to Katrina. Whether he dumped the dirt, or had a subcontractor make the delivery, the job was started. We seem to have overlooked that fact.

By showing up for the initial startup of the job clearly indicates that he was going to go ahead with the job and honor the contract. Katrina was already in the news at this time; ignorrance cannot be pled in this case.

Also, any reputible contractor knows that you never start a job without permits......If he was to start on Monday, then he should have already had them. The local government should have some type of record verifing this, and FEMA would be notified. The start date might be delayed, but the overall outcome could still be achieved.

Regarding Ms. Johnson, I strongly suggest that you get some solid legal advice. In addition to the shady requests that your contractor is trying, you might also have some legalities with your construction loan.

There could be a time frame that the contract expires, whether the constuction is completed or not. Some construction loans convert to a regular mortgage after a certain time frame. What you should do is inform your lender that the contractor has refused to live up to the original contract, in which case he cannot try to draw any funds for work/expenses that he claims were completed before the hurricane.

Your contractor would have probably ordered some supplies and will be looking for payment on these materials if the start date was on Monday 8/29/05.

Hopefully some of this will help you and your family. Good Luck and God Bless!

Everyone seems to forget that the bidding process from the very beginning is very competitive. However Ms. Johnson picked this contractor, you can best bet it was his lower bid that got him the job. He is probably a small business with little or no overhead - quite capable of doing a fine quality job, but with few resources in the event of a catastrophe of this nature. Remember, when you hire a Home Depot or a Sears or any other big name business to remodel or build or whatever, what you are paying for is THEIR overhead, their name, their advertising, all the sub-contractors they hire, insurance, etc. A smaller contractor is able to offer you the better price because they don't have all of that to pay for. Yes, he should have written a clause into the contract to protect HIMSELF against the cost of materials changing before he can begin the project, but who could have EVER DREAMED that something of the magnitude of Katrina would have happened. He will lose his a-- if he proceeds with building her home. Would you want somebody forced into that position to build YOUR DREAM HOME?? She(Ms. Johnson) should have had some sort of builder's or homeowner's insurance to cover this type of event - WHY SHOULD IT BE THE CONTRACTOR WHO EATS THE COST, REGARDLESS OF THE CONTRACT? Think of it this way, if you hired an investment firm to handle a trade for you and they all perished in the World Trade Center on 9/11 the morning they were supposed to do your trade, would you hold them responsible? Acts or events beyond our control are just that - beyond our control!!

...and the hits just keep on comin'. I pray Ms. Johnson sees light at the end of the tunnel. This is yet another embarrassing example of how the U.S. government has let its citizens down...again. I hope we all remember Ms. Johnson and the hundreds of Katrina victims like her come election time in '07. It seems like FEMA should really stand for "Failing Every Mistreated American."

I feel for both parties, in this unfortunate situation, but once a contract is signed both parties have to acknowledge the contract. I'm in business and once you sign on that dotted line, come hell and high water you are responsible.

If Ms. Johnson had signed a contract, she would be bound to that contract. Almost invariably the individual is held liable for the terms of a contract they make with a business no matter how extreme the circumstances are. And in fact, the circumstances for this businessman are not extraordinary, he is taking a loss, and that is part of the risk of the business. YOu cannot expect Ms. Johnson to be held to any less if the situation was reversed. Build the house, take the loss, and find a way to recoup them.

I am from Ocean Springs, Ms and my mom and younger sister had only been living in our brand new home for 2 weeks when Katrina hit. My mother had decked out the new house with all the things she had wanted and now most of it is gone. I know first hand it is very hard to grasp these kind of tragic loses but be glad that you still have the house to build and be thankful that you hadn't just finished building it and now it is gone. Be patient with your contractor and pray that your dream home will some day be a reality and not a dream. I'm glad you and your family came out safe. Good Luck and God Bless.

As sad as it may be, when a contract is signed, it is signed assuming that the conditions are normal. It is impossible to consider that a new house can be built when the whole town has been blown away, and contruction must take place while delivering materials by dirt roads, having no water to mix cement, or trying to find the type of lumber you need, at stores that has no inventory, or which has changed the prices of the materials, plus finding that there are no people wanting to work on the project at this moment. The contractor can't provide a guarantee under such unexpected conditions. I am sure that if the contractor is honest, and the customer understanding, they will each give a little and come to an agreeable term in the months to come when things settle a bit.

After reading the comments again, and reviewing Mr. Parker's comment that he is too busy with other work resulting from Katrina, his business is booming I imagine, it has occurred to me that not building Ms. Johnson's house as he is contractually bound to would be unjust enrichment. He is not out of the home construction business. He already started the project, may have ordered the materials (which could have been used by now on other projects he has secured for Katrina repair work), and is not building her house on a timely basis because his company is too busy with other work. If this is the case, it is unjust enrichment. And if Ms. Johnson loses her home construction loan and has to pay penalty costs (like a higher interest rate and accrued interest while the project), those costs could be added to her damages should she enter mediation or file suit. Sometimes it's better to just suck it up and finish the contract; it may be cheaper for the construction company in the long run. The Johnson are the ones with no home and paying rent, apparently (it isn't clear) that Parker is busy with other better-paying construction jobs elsewhere involving Katria recovery.

Everybody pray for Waveland

All of us on the Gulf Coast are experiencing the high cost of building, but if you had a contract signed prior to hurricane Katrina your house should not be able to increase in the cost of building your new home. I purchase a lot to build on two weeks before Katrina, but I did not sign a contract with a building, so my cost of my house has increased about 10 to 15 percent to build. My property conract states that I have to build within two years. The cost to build a home will keep increasing within the next three years or more. I was going to sale my old house, but now we do not have anywhere to rent until our new home is being built. The government will not help us resolve this problem. Maybe you will get some help to resolve your problem.

I have every reason to believe that stronger hurricanes will happen by her neck of the woods again. Due to global warming, sea temperatures are up, which fuels stronger hurricanes. What'll she do when another hurricane destroys her dream home once again?

Terri Johnson and family, I pray you'll win in the end!Oh yes you will! For all any of us throughout the U.S.know, this could have been the 'Mushroom Cloud' the Bush administration sold us on! And the response would have been just as slow, if non-existant. Katrina was a terrorist. And all the Republican could do is blame the victims as usual. Which goes to show all of you that they (republicans) are not for 'humanity' in general! Sad but true. And if that's not enough...the general U.S. public isn't exactly hooked on cocaine or crack but we're just as addicted to gasoline we desparately need (for our cars), and this Bush administration is trying it's hardest to keep it that way!

there are 34 very concerned comments to Ms. Johnson. Court and fight these things take long. For Now, Lets contribute $100. all of us concern about her and help her through this tuff time. Lets be Good Amricans

To the Johnson Family,I hope one day your builder will met you halfway, I will send you a Angle to watch over you and your Dream House will be built.

Look at this from another angle, all things happen for a reason. if the builder refuses to build your home, maybe God is trying to spare you from another disaster and he has something better for you. Keep you head up and keep your faith. Prayer answers all things.

I can empathize with all the people who have lost their homes in this terrible tragedy and my heart and prayers go to the families. However, I must comment about this article, I believe the contractor is right in his judgement, and his new cost. Due to this tragedy, the costs of supplies have gone up dramatically, and now there have been new "taxes" on fuel costs. I work for a general contractor, and we are also being hit hard with more costs. It is an awful thing that happened, but we must compensate somewhere, and if the home owner has to pay more then, in retrospect to what happened, I believe that to be fair. I mean realistically what is another $15,000 when you are building your dream home?

I think this is a shame for this country. If this happened in a poor nation it would be understable, but here, this is just one more show that money doesn't buy every thing in life.

The Johnson family and contractor could compromise and build a house in an area where permits are being granted that would cost the price of the original contract ($160,000) and the not the inflated contract ($195,000). When dreams are shattered, create another one that is obtainable.

I agree a contract is contract, and he should stick to that, he is trying to make money off mrs johnson and that not fair, he will see it again ...

It seems to me that everyone is missing the fact that the builder did state he would build this home. Unfortunately, it may take longer than anticipated. Even if he had no work at the present, the City Of Waveland is NOT issuing building permits. Do you think he could possibly build without one. GET REAL !!!

The Random House College Dictionary Revised Edition printed in the United States of America clearly states Page 292 (contract)
1. "An agreement between two or more parties for doing or not doing of something specified.
2. An agreement enforceable by law."

Getting right to the point, the builder if given a specific date to complete the home, would be in breech of contract and liable for punitive damages if found guilty in court. The builder would have to clearly indicate, natural diaster, wet weather event, earth-quake ect. in the contract; if not the builder is not in compliance. Builders don't build for free and it appears he does not want to loose the profit margin that was built into his bid. This is sad and not right for the builder to punish the Johnson Family for his profit margin. To the builder you owe the Johnson's a house and you signed the contract. To the Johnson's contact your attorney, your senator and your congressman to have the law with you. good Luck!

To the Johnson Family;
Our hearts and prayers are with you and all of those who have lost their homes and possessions great and small.
Having lost it all more than once, I will say that there is a good that somehow will come out of this for you. Trust in God, know that you have legal recourse, get a second wind to fight the good fight, and let our family know how to write to you. We want to help you in your time of dire need.

Johnson Family, I pray you will resolve this issue and have your dream come true. My prayers will be with you as well as many others during this process. A signed contract is binding anywhere in the world. I think it is very sad when money becomes a bigger issue than the lives of a family. God bless you all!

In hurricane plagued Florida this type of price gouging is illegal and the states attorneys office would be involved. Good luck Ms. Johnson. You certainly deserve better than this.

The builder has legal right to withdraw from this legal and binding contract due to the uncontrollable circumstances that was encountered by both parties herein.

The same would go if the homeowner had serious health implications that made them unable to continue with the ability to pay for the home built. Would you express the same sympathy if the situation unfolded in this way? I doubt it. But it does happen and even though you are driven by emotions, special circumstances can change the fine writing in any contract.

I'm sure that the builder understands that even though his customer wants what they want, there would be no incentive to go ahead with this project, especially with this becoming a public fiasco.

I read a few comments and I believe the court system will favor on behalf of the builder in this case due to mass tragedy in the area.

I think we should also take a look at FEMA. I do not agree to the above reasonable salaries for those workers. And I think they would still get the people they needed if they paid what the builders were paying before...because the workers should realize..'They Do Have A Job"! If not for FEMA paying them.. they may not otherwise have a job. And if Fema paid them their normal salary... HOW MUCH more money would they have to build more... FEED MORE..and so on.
We all need to contact our local and state governments to let our voice be heard. Pay them their normal salary and have more money to feed those who don't have right now.
And as for Ms.Johnson...I would find every way legally possible to make that builder build that house..now..as close to the original build date and was signed that he would start. A contract is a contract.. and he should know...People will be reading this...and hopefully they will not refer him if he does not hold up to his end of the contract..and the sooner the better..Our prayers go out to Ms.Johnson and her family for all they have been through and that God keep them all safe and help them through it all.

In this day and age, more and more, people are forgetting,before contractors there was the greatest builder of all,GOD. and also our country with of for fathers was also built with faith,and honesty. so mr.parker where will you fit in, years from now when this story about the johnson family is put in the archives of history? an honest person and company or just out for the buck.? There are 2 people who deserve to be pleased, Mrs Johnson, and God,who gave you your talent. I hope you remember that.

I'm a single family homebuilder and I have had 3 people this year not close on homes after signing a contract. Guesses as to why anyone? One was because they got cancer, another due to loss of a job and the other because 'it didn't feel right'. Did I sue them to follow through? It seems as though I should according to practically everyone who's blogged here because they signed that almighty contract with their own hand. The profit I'd make sure would go a long ways in making my mortgage payment and putting food on the table for my 11, 8 and 5 yr old boys. I didn't sue or arbitrate with any of them. In fact I'm praying for each of them that the the Lord will answer each of their prayers. I believe that if Ms. Johnson's situation is arbitrated that extenuating circumstances could be found, however, most arbitrators typically side with the buyers. This is obviously uncharted territory/circumstances though. As far as the other legal aspects:
1) if the builder has a decent contract, there should be no actual date for completion other than an estimated date. There are a few builders that do have specific dates with penalties if late, but they are few and far between for reasons exactly like this. No one can predict the weather and only a few large builders can manage the schedules of 30-40 different subcontractors.
2) Mine (and any other decent contract)has Act of God exclusions, how can I be made accountable (or anyone else for that matter) for something devastating that's out of our control?
3) Everyone on Ms Johnson's side says the builder's signed that contract and she's in the right. What if it does have the exclusions in it? Is she still in the right to sue him?
In the end, it all stinks, no doubt about it. I know how emotional people can be about a house, especially a 'dream house'. As far as litigation, I know that she'd spend more than it would be worth, unless she gets some of that low cost counsel, by the time it gets to the end. She'd be better off talking it out with Mr Parker and trying to get it done in a timely manner. Yeah, it won't be immediate but she's in a whole lot better position than so many other people. To force someone to do something that they don't want to do, let alone possibly lose a great deal of money in (maybe go bankrupt, which benefits absolutely no one) is not a good thing. You always want to stay on the good side of the builder. Yeah, you may have a contract and he will fulfill his side, but, believe me, I have heard of some outrageuos stories where there were some nasty things said and done that you will certainly want to avoid by just being nice, cordial, respectful and specific.

Hey, I'm having work done by Mr. Parker repairing the damage that Katrina did. He has been a very honest contractor and has returned my calls whether it's late at night , weekends or during the day. He has a good group of people doing the work and if I'm not available to be home with them I do leave them alone in my home. If Ms. Johnson feels that she is being taken advantage of maybe she should consider using another contractor. I went and priced an appliance before Katrina and now it has gone up by almost twice as much. You know the supply and demand theory.

TERRY DON'T GIVE UP ON YOUR DREAM. STICK THE CONTRACTOR WHERE IT HURTS, HIS POCKET. THE CONTRACT SHOULD BE MORE THAN BINDING, SEEK LEGAL ADVISE FIRST TIME CONSULTATION ARE NORMALLY FREE. MAKE HIM PERFORM ACCORDINGLY TO THE CONTRACT YOU SIGNED. GOOD PEOPLE GET THE SHORT END OF THE STICK WHEN DISASTERS STRIKE AND CONTRACTORS MAKE OUT LIKE BANDITS. DON'T GIVE UP GET MAD AND SEEK LEGAL ADVICE. ALSO PUT HIS NAME OUT TO THE PAPERS AND ANY PUBLIC FORUM YOU POSSIBLE CAN. IF HE THINKS HIS WORK IS BEHIND NOW WAIT TILL WORD OF MOUTH GETS OUT. I'LL SAY A PRAYER FOR YOU AND YOUR FAMILY TONIGHT. GOOD LUCK

Okay there is a contract. Whether it has any provisions in it for cancellation or revision due to acts of God is unknown to all these people yammering on about what the conract means;and further, unless they have a law license in that state, they don't know if the common law implies such terms in a contract.

Tell her to sue - whatever. She will spend $20,000 - 30,000 on legal fees to go to trial. This isn't a car accident where some lawyer will take it on a "you only pay if you win basis." This is a contract case and there is no insurance companies with deep pockets - just a small businessman who can file for bankruptcy. She will not get an award of legal fees in a contract case - she eats it. She can't sue to make him personally build the house - all she can do is sue for the cost difference of having someone else build the house. One can not sue to force someone else to provide personal services.

To Sammie Haskins in Georgia. The "best" law firms in Georgia don't do pre-paid legal services for individuals. No pre-paid legal services group is going to take on a client/member for $26 per month and do what would be $20,000-30,000 worth of legal work. Not happening. Those plans stick to the simple 'in office', small claims and traffic court stuff.

Both parties need to compromise - her as to when the house can be built and perhaps the size to bring costs down; and him as to when work can start based upon availability of labor and perhaps a lower profit.

How do I know this? I'm a retired lawyer who did contract litigation.

say girl keep the faith it will all come together talk to god he will help you can bet on that keep your head up auntte love Douglas

I donot think that the problem is with the builder orwith Mrs. Johnson I think that it is with the government allowing the price goughing, on appliances,building materials anything related to Katrina you have all the outof town builders,taking most of the jobs from the local people. If this was corrected you would not have this problem of over charging.

I can understand both sides. Under the circumstances, to be fair to all, the use of a arbitrator could be a way to look into both sides and come up with a solution to this problem. Both sides would have to agree to take the decision of the arbitrator. I feel Ms. Johnson is not being realistic that the contractor has to be able to make a profit to stay in business. If he goes by the original price, he will not have enough to pay his employees.

I have known Aaron Parker for years now. He is one of the most brutally honest people I have ever known. I spoke with him about this matter. He told me that he "spoke with the Johnsons several times and he'd spoken with Mr. Johnson who failed to tell his wife he'd called." When he reached Ms. Johnson AFTER this article was published Ms. Johnson gave him this information and when he told her that he had NOT received any unanswered calls from her, she replied that "I called your cellphone, but I didn't leave a message. I thought you would see my ID on your caller Identification." Mr. Parker receives a huge volume of calls a day and can't identify someone without their leaving a message. Sometimes we have to see both sides of the problem before we make judgments concerning whether there is even a dispute. Mr. Parker does quality work at a reasonable price. He always has; he always will. And I'm sure that he will do the same for the Johnsons.

As a carpenter and contractor for many years, I can see how confusing this contract might be to someone who has not risked their livelihood in the construction business. There is never a guarantee of a profit in construction.

I suggest that anyone who thinks $13 an hour in construction is a great wage ought to work framing a house on a 100 degree day with no health insurance, no benefits, and a day to day job. Throw in that most contractors don't have workers comp, and you have the brutal reality of construction in the South.

There is a great certainty that building codes in Waveland will be far more strict. Believe me, this is going to happen in much the same way it was forced in Florida.

No more walls secured to foundations with cut nails or simply gravity. No more toenailed roof trusses. No more roof sheathing secured by staples. Folks, these are standard techniques in the real world where codes are weak or inspectors do a drive by inspection.

I don't know anything about prevailing codes in Waveland, but things will certainly change before any new permits are issued.

This is a no win situation. Members of my family used to live in Pass Christian until Camille left them with a slab of concrete. There is no answer.

Terri, be encouraged and pray. God is in control. Mr. Parker, I hope you will find peace in your heart. Make a phone call to reconcile your differences and come to an agreement. I'm sure God would be pleased with reconciliation. There is a message in this situation. Do you get it!!!! God bless

You know, I pretty much read everyone's comments and to me, it's only the last few that make any sense - from cliff on down. You have to have both sides of the story to make a reasonable conclusion because it is the natural inclination to slant information in your own favor. The reason Ms. Johnson doesn't want a new contractor is because it would cost her so much more. She wouldn't get a new contractor unless she scaled back the size of the house. Be extremely grateful that the new house isn't gone and you're stuck with a $160,000 mortgage and no house. Then you would be declaring bankruptcy. Obviously, Mr. Parker is good contractor or he wouldn't have been in business this long. Take a step back and think about the whole situation. Maybe he's doing work for someone who is in an even worse situation than yours. Your current home may be small, but at least you have a place. Be patient and you will be rewarded - at least until the next hurricane blows away your "Dream House".

I too lost a home, car, pottery studio and all of my possessions on Waveland Avenue. I bought the house in January of 2005. My partner spent five years remodeling it when time and money allowed. It is now gone. It was our dream also. He is a building contractor. We are now on property we owned in Kiln, MS., in a RV and without electricity. We are lucky. We can rebuild. But guess what...we can not rebuild what we had because of the enormous increase in cost of building supplies. The cost of concrete just went up (again) and will go up again in January. We are going to pour our slab NOW to save the $1000.00 that it would add to our cost in January. Not all building contractors are wealthy. They too are dealing with a whole new ball game after Katrina, and many of them have also lost everything they have.

A contract is nice, but if Katrina wipes you out it is just another piece of paper.

Mrs Johnson
3rd Generation Waveland? Stick by your instincts terri.Hurrican season is far from over. So ones discessions are pretty much made within that very moment.Some has to hang in there; along with you terri, there appears to quit afew.Thats good..Just don't go the with the rapids, have to think about family..Tis part of the hurri..'s you or anyone cannot replace..gee!! that is soooo spooky!well, bless you and your family.. Thanks for sharing, my pryers are with you and yours and anyone else working through it.

I have known Mr. Parker my ENTIRE life (30 yrs). He is one of the most honest men I know. You Ms. Johnson don't have a clue. He wants to build your dream home but things are not as they were before Katrina. You lost one home already and you could've lost your new home as well. There are no permits being issued in your hometown. From Louisiana to Florida everyone is dealing with the wonderful aftermath Katrina has left us. YOU are not the only one needing a home. EVERYONE needs homes. My entire family has no home or even a tiny FEMA trailer. What we are grateful for is for each other. You should count your blessings when you wake up and see your children's faces and be grateful that you will get your home. He told you it will need some time and you need to have PATIENCE something everyone has and fails to use when they want something done right away instead of when it can be done. You said you've called him and he hasn't returned your calls. TRY LEAVING A MESSAGE. I can assure you that he will return your phone call.

Mrs. Johnson may want to rethink this contractor. If she forces him to build her home at the original cost, the quality of the home may be compromised. If he tries to recoup costs by purchasing lower grade products or substandard material. Even cutting back on the amount of nails and screws can compromise a building. Maybe they can come to an agreement to void the contract and she can put her dream home on hold for a while. But I’m sure she will find any contractor will be more costly after the events of this past storm season. She was not the only victim of Hurricane Katrina. However she should be grateful that she at least has a trailer to live in. Look at the people in Pakistan, after the devastating earthquake, they are facing a hard winter and they don’t even have tents to cover them. Some of the people in the mountain areas haven’t even seen medical help come in, no food, no water and it’s been months since that disaster.

Try to be thankful for what you have and not so selfish about what you want.

As I read the beginning of this bolg I was on the side of Mrs. Johnson but as I read further I saw that there is always two sides to a story. Both parties know what they have and have not done and should take some time to reflect on the situation. If Mr. Parker IS help a less fortunate family (which might or might not be the case) this is what being an american and a chistian is all about, helping those in their time of need. Mrs. Johnson you have a home.... Many are still staing in shelters, please be thankful for what you have, again this is what being an American and a christian is all about. There are little children who lost their parents in this tragedy, your children still have theirs, you have SO MUCH to be thankfull for. Good things come to those who wait. Mr. Parker and Mrs. Johnson, please look deep inside your hearts and consider your positions. Mr. Parker if you are the honest contractor your reputation of many years has proven, you will honor your contract to the best of your ability and Mr. Johnson, you can not expect Mr. Parker to loose his lively hood and possibly his home for YOUR dream home. You both know in your hearts what needs to be done, and I pary God guides you in your decisions.

To the johnson family i sincerely hope that you will get your ''dream home built. Also at your original price the gas prices here in va. is going down more each week and so is all the other things that sky rocketed doing this crises,GOD is so good)and Mr. parker i sincerely hope that you find it in your heart to at least talk with the ''johnson family you all could come to some type of an agreement. may God bless you all in this matter.

I also agree with Ms. Johnson. A contract is a contract and if it was sighned she and her family should have that house built at the original price quoted at the time of the signing of the contract. IF the prices would be lower would this contract still build there house and give them a refund? I DOUBT THAT. Afterall these people have been through they need to have that house built and to be able to enjoy for all that they have been thru.

Good luck to both you and your contractor. As a lawyer, I know that these disputes arise in building all the time---labor changes, subs don't do as promised, and all kinds of things that make a contractor end up cutting corners so as not to go broke. Here, though, I doubt that any permits pulled before the storm are valid, and it is really hard to get new permits now while waiting to see just what type of requirements may come into place---I wish you much luck, it sounds like your contractor is willing to work with you----aren't you glad that he hadn't just finished, leaving you with no house, a big mortgage, and the messy insurance issues most of us are now dealing with? I am sure you will end up with your new house, but being mad at your contractor for situations over which he has no control won't help. Good luck, I bet you will end up with a nicer house than expected---and remember the low interest loans out there with the SBA--you could end up with more house for smaller payments! Pam West

This is an act of God. Is he expected to bankrupt himself, put himself out of business to honor a contract based on prices pre hurricane? The bank needs to rewrite the financing to reflect the new costs. I dont work for free, none of you work for free, and neither should he! Get real people, he's not trying to scam extra money out of her, there are new building guidelines set up by the state now. That alone will raise the cost of her dream home. Never mind fema being stupid with our tax money and over paying people to do work. She has options, she's just too overwhelmed to realize it. Frankly I feel for the contractor. Being in the industry myself, I know what happens after these storms. The guy you were paying ten dollars an hour to last week to do foundations, now wants twenty dollars an hour! This is not the contractors fault. If she waited this long for her dream home wouldn't it be prudent to go back to the bank, rework the loan, and wait a little longer. Pam West is correct about the SBA

Well for one thing it is just like the democrates to jump on the republicans in a time like this. Do you think it was the Presidents fault that Katrina hit. No!! Do you think that it was the governments fault that Katrina hit. No!!! It was there lack of response and help that continues to hurt the devastated areas. On the other hand they weren't prepared for this kind of disaster. Who new? On the other hand FEMA has a lot to answer for in this instance!
For one thing he is bound by a contract! The other thing there are way more time limits put on building homes than you may think. Just because that guy doesn't have many doesn't mean there aren't allot of them. Like if you go through a bank, sometimes there are time limits on getting your home built.
Ok allot of people say that he will go broke if he builds Mrs. Johnsons home. You aren't looking at the big picture here are you!
For one- He has so many jobs now that he probably won't know what to do with the money he is making.
For two- he signed a contract and had allready started the process of getting ready to build. The hurricane was allready headed this away or suspected to on the Friday before it hit. Um HELLO!
For three- He signed a contract!!!! Mrs. Johnson should have been the first one he contacted if possible. If not he should have contacted her as soon as he could and if allready working on another contract with someone else explained this to her and worked out the problems with the rising costs of materials with her instead of making a ruckus about building for 160,000.
For four- Her home should have been the next one on the list for construction after he finished the last one, because he can't hold off on construction for anyone else, while waiting for someone to get home. Though he should have had a contact number for her. He should have been able to contact her. After all he was starting to build her home the Friday before the hurricane.
For five-He should have explained about the permits to her the day he got in touch with her. I'm not sure about permits, if they still hold after a hurricane that has destroyed so much, especially in her area.
There should have been more communication on his part!
Believe me he is making plenty of money on the rebuilding of homes in the area so I really don't see the problem with building her home for what was originally stated.
As for anyone that has been negative about Mrs. Johnsons part in all of this. You don't have to tell her she should be thankful for her family or anything else. Because I know first hand that she is! And why don't you guys come on down and live in all of this wreckage and live in a Fema trailor for 5 to 6 months with kids and lets have your point of view on how all of this should take place.
To the one who lost her 2 week old home. I am praying for you and I hope that everything works out for ya'll.
God bless

I have seen the devastation of the hurricane has done to peoples lives and cant imagine living through it.Good luck in getting your house built as i live in australia and we do not have hurricanes here.

Life is seldom fair and never easy.

Looks like an "Act of God" destroyed the contract.
Good luck at getting another contract that reflects
the additional building reinforcements to resisit the
the power of huricanes.
Be thankful for your families safety during these hard times.
And good luck to all.

I feel that the contractor should build the house no matter what the rising costs are. He as a contractor should be aware of any rising cost and he should have relayed any information to the owner. I feel that if he is not returning any of her phone calls then he knows that she is right. If you are right why wouldn't you return calls. He is avoiding what he knows he must do.

Did Mrs Johnson get her home built yet? I did not read all 77 comments but I am curious.