Lawsuit, other complaints, accuse home builder of incomplete work

TYNGSBORO, Mass. — A lawsuit filed in Middlesex County accuses a local firefighter, who also owns a home building business, of incomplete work as well as "unfair and deceptive" practices. The contractor insists he has done nothing wrong. FOX25 Investigates also found another previous lawsuit and at least three other formal complaints about the same contractor.

The latest lawsuit was filed on behalf of Stephen Berube, a former customer of JCF General Contracting and Jeff Fiorentino. Berube lost his home in Tyngsboro to a fire in March 2013.

"The fire went up into the second floor... It was just unbelievable. (The house) was just gone," said Berube.

Berube says he was put in touch with Jeff Fiorentino, a Lynnfield firefighter and owner of JCF General Contracting. Berube later signed a contract to buy a modular home from the company.

In the lawsuit filed against Fiorentino and others, Berube alleges Fiorentino "used his profession as a Lynnfield Firefighter to gain his trust that was being honest and truthful." When asked about that specific allegation, Fiorentino strongly denied it. His attorney called the lawsuit "completely and utterly without merit."

Despite paying Fiorentino more than $142,000, Berube said he still didn't have a new home and the lawsuit alleges the defendant had "not completed all the work to be performed."

Records obtained by FOX25 Investigates and the lawsuit indicate JCF General Contracting bounced checks for $8,000 and $11,000 to one of the subcontractors on the job. Later, the foundation for the new house collapsed. Fiorentino said he later made good on the bounced checks. He insisted the foundation collapse was not his fault, but a letter from the company that supplied the concrete said "proper construction methods were not followed."

Berube says Fiorentino eventually left the job.

"I said, I know what he just did to me. He just ripped me off," said Berube.

Not so, said Fiorentino when FOX25 spoke to him near his home last spring.

"No one has contacted me about any complaints until you called me," said Fiorentino.

"He squandered his money," said Fiorentino about Berube. "When the home had to be delivered, he had to produce documentation that he has funds ready to take delivery of the house. He could not produce that."

Berube showed FOX25 three checks for the house to JCF for $5,000, $32,000, and $68,000, but an attorney for Fiorentino also provided us with correspondence from the home supplier, saying "we have not been offered a delivery payment arrangement... that would have us paid in full upon delivery."

A judge issued a harassment order against Berube in 2016. After Fiorentino said he was repeatedly threatened by his former customer.

However, it wasn't the only dispute involving Fiorentino. FOX25 Investigates found others have made similar complaints.

Kate Oleinik-Ovod sued Fiorentino for breach of contract in 2010.

"It was very difficult to work with Jeff because he was always asking for money," said Oleinik-Ovod.

The lawsuit said she paid more than $61,000 for a modular home and had "only a muddy hole to show for these payments."

"It's really difficult for me to see that this person is doing the same thing again," said Oleinik-Ovod.

Fiorentino says it was Oleinik-Ovod who backed out of the deal. Her lawsuit was dismissed after Fiorentino's previous company filed for bankruptcy in 2011.

He said his business was the victim of the housing market collapse, but state records show Fiorentino registered his new company "JCF General Contracting" less than a year later. The Massachusetts Secretary of State's Office says that new company was dissolved in June 2016 for "failure to submit annual reports," but Fiorentino registered another business with a nearly identical name, "J.C.F. General Contracting," in October.

Fiorentino denied being a "general contractor" when he spoke to FOX25 last year.

"We're a sales center. We sell the modular home. We have, if somebody wants, a licensed general contractor that does our work for us... We do the site work and excavation ourselves," said Fiorentino.

The Department of Public Safety says Fiorentino has not held a license that would allow him to operate some heavy equipment since 2004.

FOX25 Investigates also obtained three complaints about Fiorentino filed with the Massachusetts Attorney General's Office between 2010 and 2016. Two of the complaints alleged Fiorentino "took the money and ran."

"We weren't found guilty of doing anything wrong. Nothing," said Fiorentino. "There's nothing against me that we've done anything wrong."

READ: Complete Response and Exhibits from Jeff Fiorentino's Attorney 

Last year, Lynnfield's Fire Chief told FOX25 the town does not get involved in civil matters with its employees.

Steve Berube says he eventually got his house after another company stepped in. Matt Arel of "Better Built Homes" says he helped arrange delivery.

"There's a $45,000 open balance on that project," said Arel. When FOX25's Eric Rasmussen asked him if he expected to recover that money, Arel replied, "No I don't. I did it because I can sleep at night."

Cox Media Group