Weinschenk homes called defective High court orders $221,256 in restitution to Portland area customers

AUGUSTA – Maine Superior Court Justice S. Kirk Studstrup declared Monday that Frederic Weinschenk and Rick Weinschenk Builders Inc. violated the Maine Unfair Trade Practices Act by building and selling defective homes in greater Portland, according to an announcement made by Attorney General Steven Rowe.

Weinschenk was the builder of the Cottage Park, Summer Place and Willow developments. The court ordered restitution to consumers in specific amounts, totaling $221,256. In addition to the restitution, the court permanently forbid Weinschenk from building homes in Maine unless he:

. Employs a professional engineer to certify that the home is built to applicable codes and generally accepted building practices;

. Has all home building plans reviewed and stamped by a Maine licensed engineer or architect;

. Submits copies of all advertising or promotional materials for the attorney general to review; and

. Submits copies of contracts and specifications for each home for the attorney general to review.

The judgment followed a six-day September trial before Justice Studstrup without a jury.

The court focused primarily on leaking roofs and windows in the Weinschenk homes, calling them “major defects” and the construction practices “substandard” in “a pattern which constitutes an unfair trade practice.” The court also cited a major crack in the foundation that “virtually bisects” one of the homes and called it “a prime example of poor workmanship.”

Assistant Attorneys General Linda Connate and Carolyn Silsby handled the case for the state.

Attorney General Rowe said that the case underscored the need for licensing of home building contractors and a statewide home building code.