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El Cajon senior loses life savings after contractor abandons remodel project and files for bankruptcy

Contractors' board warns consumers not to make excessive payments
El Cajon senior loses life savings after contractor abandons remodel project and files for bankruptcy
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EL CAJON, Calif. — An El Cajon senior says she lost her life savings after the contractor she hired to remodel her home and build two accessory dwelling units abandoned the project and filed for bankruptcy.

Adele Sheets hired general contractor Benjamin Wiatrak and his company, Top Tier Homes and Remodeling, in the spring of 2022. She planned to convert two garages on her property into accessory dwelling units, or ADUs.

"So, this was how I could retire comfortably," Sheets said.

"My 401(k) was my savings. And I thought that if I used that money to build an ADU, then the income from renting it would supplement my social security and my small pension," Sheets said.

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Adele Sheets says she thought hiring a contractor to build two ADUs on her El Cajon property would be a good way to make income during her retirement years.

After paying an initial $1,000 deposit, Sheets made several other payments for the job and claims the contractor told her that if she paid in advance for materials, she would save a lot of money.

“He kept asking for progress payments, even though very little had been done,” she said.

'Trying not to cry'

According to the Contractors State License Board, Wiatrak abandoned the project in December 2023. State investigators found Wiatrak left a long list of unfinished work, including missing roofs, uninstalled doors, electrical fixtures, and basic weatherproofing.

"So, when he left, it was just a frame. There were no walls," Sheets said.

State documents filed last fall show an inspector found much of what was built did not meet accepted trade standards and was incomplete. The inspector estimated Sheets would have to spend $173,145.00 on top of the $301,730.00 she already paid to correct and finish the job. The board pegged her financial loss at just over $128,129.50.

"I'm trying not to cry. Very stressful. So I've drained my 401 (k). I don't have a safety net financially," Sheets said, breaking down in an interview with Team 10.

Last fall, the state revoked Wiatrak's contractor's license following a months-long investigation.

Contractor files for bankruptcy

“We found that the contractor ultimately abandoned the project, and in that project, they also asked for excessive payments. They asked for money well before the work was completed or the supplies were delivered, and contractors cannot request for any money that exceeds the value of the work that's being done," Katherine White, a spokesperson for the Contractors’ State License Board, said.

Court records show Top Tier Homes and Remodeling filed for Chapter 7 bankruptcy in 2024 — a type of liquidation that can wipe out debts. The filing lists Adele and Jonathan Sheets as creditors seeking a disputed amount of $300,000.

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Contractors' State License Board spokeswoman Katherine White said the agency found the contractor asked for excessive payments and money well before work was finished, which is against state law. "Contractors cannot request any money that exceeds the value of the work that's being done," she said.

Last month, Wiatrak filed for personal bankruptcy, listing the Sheets as creditors owed $103,000. The contractor reported he is now living in Las Vegas.

"I was very upset when he told me he was going to file. His attitude was basically, you're out of money. There's nothing you can do," Sheets said.

State shares tips for consumers

Team 10 tried to reach Wiatrak to get his side of the story, but the contractor never responded to our requests for comment.

California law bans contractors from asking consumers to pay more than $1,000 upfront.

White said anyone looking to hire a contractor should get at least three bids from three different contractors.

She said consumers should ask for proof of previous work, references and talk to past clients to see if work was done on time and on budget.

Sheets said she received $25,000 after filing a claim with the bond company the contractor used, but she is still owed the rest of her money.

"The biggest lesson is do not pay upfront," Sheets said.

This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.