BARTOW -- A private agreement between Winter Haven builder Thomas Brooks and customers Rick and Sandra Todd will restore the contractor's licensing privileges and drop the couple's complaints.

After nearly an hour of debate Thursday at Polk County's Contractor Licensing Board meeting, the couple, contractor and their lawyers recessed to a private room to discuss an agreement for another hour.

In August, Brooks' license was suspended for 60 days by the board to address complaints concerning workmanship, financial mismanagement and not honoring a warranty.

In the end, the Todds withdrew their complaint and it was no longer up to the board to pass judgment on the builder.

"We have worked it out," Brooks said following the meeting, which was attended by other customers unhappy with the builder's work. "I am happy."

"We have come to an agreement," said Rick Todd. "It's over. That's all we wanted."

But the decision to dismiss the case did not come without comment from board members.

"If that's what they want . . .," said Marvin Hammer, chairman of the board, while shrugging his shoulders.

"I don't agree," said Leslie Pickett, a board member who was the only dissenting vote to dismiss the case. "This is the third customer that's made a complaint. This is the only couple that has stuck with him."

The Todds claimed there were other problems with the $275,000 home built by Brooks, but the only item they wanted him to replace was the hardwood flooring.

"This isn't just about floors," said Rick Todd. "There are a bunch of things in the punch list that haven't been addressed."

The Todds also complained of poorly built front steps, crooked door casings, misaligned pocket doors and a bowed rear wall. "We have been doing this for a year and a half," said Sandra Todd.

The complaint first came to the board in June, along with a complaint from John Van Meter, Brook's next-door neighbor. That complaint was dismissed, but the Todds have said three other families have also complained about the builder, but haven't filed official complaints with the county yet.

Shortly after the board ruled in Todd's favor, another contractor was hired to repair the work for about $8,000.

But it was not done to the family's satisfaction, the Todds said.

"I didn't want to replace the floor at all," Brooks told the board Thursday. "I already paid one guy to fix it."

Both sides agreed to have Bast Hardwood Floors and Custom Wood Staircases in Tampa provide an estimate for the second repair.

Their estimate: $28,300.

The Todds thought the work would be completed by Bast, but Brooks disagreed and wanted to hire his own contractor to complete the job for $17,000.

"When Bast Flooring said it needed to be replaced, I accepted that," Brooks said. "If they aren't happy (with the next contractor) who are you going to come back after? Me."

The floors, according to a July report from Bast, suffered from reverse cupping, which happens when the center of the boards are higher than the edges. The report also said there were many hollow spots in the floors, which occur when adhesive does not have a proper bond between the hardwood flooring and the slab.

Emotional debate continued and board members became agitated at the situation before the private meeting was conducted.

"These people have been jerked around quite a bit," Hammer said of the Todds.

"There is a significant amount of demolition that has to be done," Rick Todd said. "All we want is a reputable flooring contractor."

Jeremy Maready can be reached at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or 863-802-7592.
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