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

Posted at 5:09 PM, Mar 30, 2023
and last updated 2023-03-30 17:11:47-04

SILVER CREEK, N.Y. (WKBW) — Daniel Cuccia and Danielle Hammer took 7 Problem Solver Michael Schwartz into the basement of their Silver Creek home. The couple said they were planning to turn the basement into bedrooms for their two children.

"It's an old basement," Cuccia said.

In August, the couple hired Newcomb Concrete & Construction. Halfway through the project, Cuccia and Hammer paid $26,500. Later, the couple heard loud booms.

"I said to him 'man I don't think you're supporting the house enough'," Cuccia said.

A private structural engineer they hired determined the main beam along the ceiling of the basement had cracked. According to that engineer's report, the beam was split "presumably... during the demolition of the basement wall."

Despite that issue, Cuccia and Hammer decided to continue with the construction, having new foundation walls built. But when that private engineer returned weeks later, there were more problems.

That engineer's report showed most of the walls were not straight. Residential code in New York State allows for measurements to be out of plumb by no more than half an inch. In their basement, it was off by up to an inch and a half.

"It's unacceptable, it's completely unacceptable," Hammer said. "This is my life. This is my home. This is what I worked for and it's unacceptable that it happened."

Schwartz reached out to their contractor who said the home had structural issues from the beginning that were communicated to the homeowners.

The contractor told Schwartz he would be willing to fix the issues, but Cuccia and Hammer don't want him near their home.

"A refund would be great so we could hire another person to fix it and put it in right," Cuccia said.

But it doesn't appear a refund is likely. In fact, the contractor told Schwartz he's still looking for the remaining $15,000 of the $40,000 job.

Additionally, the Village of Silver Creek warned Cuccia and Hammer to make all of the necessary repairs because their home is no longer up to code.

"It's alarming, very alarming," Hammer said. "They've put a lot of people's lives in danger. Our neighbors, myself and my children."

A letter from the Village gave the couple until April 16 to correct all violations. If not, they could be fined up to $5,000.

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