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                     Should you trust J. E. Futch Custom Homes?
             READ THE FACTS AND DECIDE FOR YOURSELF!

After receiving numerous complaints from customers who purchased homes from J. E. Futch Custom Homes, I initiated an investigation into
those complaints. A synopsis of that investigation is presented here as a public service. Sources used in this investigation include customers of
J. E. Futch Custom Homes, The Florida Department of Law Enforcement, The Florida Department of Business and Professional Regulation,
the Duval County Clerk of Courts, the Highlands County Clerk of Courts, the Collier County Clerk of Courts, the Hillsborough County Clerk
of Courts, the Brevard County Clerk of Courts, Pro-Lab, Integrated Microbiological Services, and numerous independent contractors and
inspection services.

                                                                                    INVESTIGATION SYNOPSIS:

I interviewed complaining home owners. Complaints included poor workmanship, interior and exterior rain water leaks, poorly designed roofs
and improperly graded property that caused water and debris to collect at entrances, mold caused by leaks, premature structural decay caused
by water incursion into areas not intended for water exposure, unsatisfactory builder response to customer complaints.

I reviewed contracts and legal documents to confirm that complainants were the owners of the homes in question and that J. E. Futch Custom
Homes Inc. built those homes.

I personally observed the homes in question and confirmed the complaints. I took photographs and video recordings of my observations.
Following is a small sample of many photographs showing the damages I observed.

Structural Decay from leak      Mold from roof leak       Mold from water leak         Roof leak in new home        Leak from roof defect

I collected samples of suspected mold. I sent samples to two different independent environmental laboratories. Laboratory analysis confirmed
the presence of mold, including toxic black mold.

I wondered how Futch ever got a Contractor's license. So I obtained Copies of his 1996 and 2001 Residential Contractor's license applications
from the Florida Department of Business and Professional Regulation. Those applications asked Futch if he had in any capacity EVER "Been
convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction within the past 10
years?" On both applications Futch answered "no" and signed the affidavit on the applications stating that he vouched for the truth and
accuracy of his answers. Following are copies of those applications. (Click on image to enlarge for viewing.)

Based on Futch's performance as a contractor, I was suspicious that he had lied on his license applications. So, I obtained a copy of his
criminal history from the Florida Department of Law Enforcement. My suspicions were confirmed. Following is a synopsis of that history.

ARREST-   1    04/20/1976
ARREST AGENCY-JACKSONVILLE SHERIFF'S OFFICE
CHARGE 001-DWI
CHARGE 002-CARRYING CONCEALED WEAPON

CHARGE 001 DISPOSITION-CONVICTED
CHARGE 002 DISPOSTION-DISMISSED-NOLLE PROSSE
------------------------------------------------------------------------------
ARREST-   2    02/18/1977
ARREST AGENCY-JACKSONVILLE SHERIFF'S OFFICE
CHARGE 001-RECEIVE STOLEN PROPERTY

CHARGE 001 DISPOSITION-DISMISSED-CHARGES DROPPED (ABANDONED)
------------------------------------------------------------------------------
ARREST-   3    06/18/1978
ARREST AGENCY-JACKSONVILLE BEACH POLICE DEPARTMENT
CHARGE 001-DRINKING IN PUBLIC

CHARGE 001 DISPOSITION-CONVICTED
------------------------------------------------------------------------------
ARREST-   4    09/16/1978
ARREST AGENCY-JACKSONVILLE SHERIFF'S OFFICE
CHARGE 001-DISORDERLY CONDUCT-FIGHTING
CHARGE 002-DAMAGE PROPERTY
CHARGE 003-ASSAULT-BATTERY

CHARGE 001 DISPOSITION-PROBATION-6 MONTHS
CHARGE 002 DISPOSITION-PROBATION-6 MONTHS
CHARGE 003 DISPOSITION-DISMISSED CHARGES DROPPED (ABANDONED)
------------------------------------------------------------------------------
ARREST-   5    08/29/1984
ARREST AGENCY-JACKSONVILLE SHERIFF'S OFFICE
CHARGE 001-WILLFUL WANTON RECKLESS DRIVING

CHARGE 001 DISPOSITION-CONVICTED-CONFINEMENT
------------------------------------------------------------------------------
ARREST-   6    10/20/1984
ARREST AGENCY-JACKSONVILLE SHERIFF'S OFFICE
CHARGE 001-DWI

CHARGE 001 DISPOSITION-CONVICTED-CONFINEMENT-
------------------------------------------------------------------------------
ARREST-   7    11/20/1986
ARREST AGENCY-BREVARD COUNTY SHERIFF'S OFFICE
CHARGE 001-DUI

CHARGE 001 DISPOSITION-CONVICTED-WILLFUL WANTON RECKLESS DRIVING
------------------------------------------------------------------------------
ARREST-   8    10/16/1991
ARREST AGENCY-TAMPA POLICE DEPARTMENT
CHARGE 001-RESISTING OFFICER/ARREST WITHOUT VIOLENCE

CHARGE 001 DISPOSITION-PLEA-NOLO CONTENDERE
------------------------------------------------------------------------------
ARREST-   9    04/23/1993
ARREST AGENCY-CHARLOTTE COUNTY SHERIFF'S OFFICE
CHARGE 001-FAILURE TO APPEAR-REFERENCE OBSTRUCTING OPPOSING LEO

CHARGE 001 DISPOSITION-PLEA-NOLO CONTENDERE
------------------------------------------------------------------------------
ARREST- 10    05/22/1993
ARREST AGENCY-COLLIER COUNTY SHERIFF'S OFFICE
CHARGE 001-DUI

CHARGE 001 DISPOSITION-REDUCED-WILLFUL WANTON RECKLESS DRIVING-
GUILTY/CONVICTED
------------------------------------------------------------------------------
ARREST- 11    11/06/1994
ARREST AGENCY-FLORIDA HIGHWAY PATROL - LAKE PLACID
CHARGE 001-DUI

CHARGE 001 DISPOSITION-GUILTY/CONVICTED-PLEA-NOLO CONTENDERE
------------------------------------------------------------------------------
ARREST- 12    06/09/1995
ARREST AGENCY-HIGHLANDS COUNTY SHERIFF'S OFFICE
CHARGE 001-PROBATION VIOLATION-REFERENCE DUI

CHARGE 001 DISPOSITION-REARREST
------------------------------------------------------------------------------
ARREST- 13   12/09/2000
ARREST AGENCY-SEBRING POLICE DEPARTMENT
CHARGE 001-DUI ALCOHOL OR DRUGS FIRST CONVICTION
------------------------------------------------------------------------------
ARREST- 14    10/08/2001
ARREST AGENCY-HIGHLANDS COUNTY SHERIFF'S OFFICE
CHARGE 001-PERJURY IN AN OFFICIAL PROCEEDING-LEVEL-FELONY

CHARGE 001 DISPOSITION-ADJUDICATION WITHHELD-PLEA-GUILTY

Further investigation revealed that Futch also had three civil judgments on file against him in Duval County. At least two of those judgments
appeared to be related to his construction activity. (see documents below)

Fairbrother vs Futch -

Holmes Lumber vs Futch -

FDIC vs Futch et al -

I forwarded the results of my investigation to the Florida Department of Business and Professional Regulation (DBPR). That agency
conducted its own independent investigation and subsequently filed an administrative complaint against Futch for obtaining his state
contractor's license by fraud or misrepresentation. (see Administrative Complaint below)

Futch retained a lawyer and fought the charges. With such clear and convincing evidence at its disposal, you might think DBPR'S General
Counsel would protect the public interest by trying to have Futch's contractor's license revoked. You would be wrong. Money and political
connections talk, and the General Counsel was more interested in taking the easy way out and fattening state coffers than protecting the
public interest. The General Counsel and Futch's lawyer (former State Senator Fred Dudley) cooked up a deal that allowed Futch to keep his
license in exchange for giving DBPR a little money and taking a few hours of meaningless training. (see Stipulation Agreement below)

But, that agreement had to be officially approved and accepted by the DBPR Construction Industry Licensing Board. On 10/12/06 the
Licensing Board held a hearing on Futch's case. Futch did not appear at the hearing. Fred Dudley appeared on his behalf. In spite of a faxed
objection from me, the Board took about three minutes to hear the case and accept the Stipulation Agreement. The Final Order is shown below.

To find out why the Licensing Board would so quickly and unquestioningly accept an agreement that was beneficial to everyone except the
public who the Board was supposed to be protecting, I obtained a copy of the Hearing transcript find out what went on there. That transcript
showed that Dudley gave false testimony to the Licensing Board. Dudley stated: “Mr. Chairman, this was originally a case where the
homeowner had complained about the work Mr. Futch had done. That case was investigated by your investigator, and as
a result it was closed. The investigator found that there was no basis for the consumer complaint. However, after the
investigation was closed, apparently Mr. Burke, who I understand is a police officer, sent in some newspaper clippings
whereby it reported that Mr. Futch some eight years before the application was made, had been arrested for a DUI, and
had plead no contest and received a minor offense. Now there were in fact, four different pleas and findings of guilt of
Mr. Futch. Again the person went back eight years before he applied, and the application clearly says ten years, but it
also says crime. And frankly, Mr. Futch, who is a contractor and not a lawyer; did not read that and did not understand
that as such." The documents I sent to DBPR were copies of official government records, NOT newspaper clippings. Dudley's statement
was blatantly false. He had no evidence to support it and the Board didn't ask him for any. Why would he make such a false statement? The
most reasonable answer to that question is that newspaper clippings have little value as evidence compared to official government records.
Identifying the documents as newspaper clippings instead of government records obscured the truth, reduced the culpability of his client, and
minimized my investigative work and findings.

Dudley also told the Licensing Board that Futch ". . . is a contractor and not a lawyer; did not read that and did not understand
that as such.", a reference to the criminal history questions on Futch's license applications. Any attorney who has passed the Florida BAR
Examination should know that, when a defendant appears in court and enters a plea of guilty or no contest (nolo contendere), the judge
questions the defendant to make certain the defendant understands what he is doing by entering a plea. The defendant is also required to sign
documents related to the plea. As if being arrested isn't enough to make it clear, the judges' explanations and the documents a defendant must
sign when they enter a plea remove any doubt concerning the criminal nature of the charges. Shown below are just a few of the documents
Futch signed as a result of his pleas of guilty or no contest. Keep in mind that each time Futch was arrested and subsequently entered a plea of
guilty or no contest, he would have been questioned by the presiding judge and would have been required to sign documents similar to those
shown below.

Following is Dudley's professional biography as posted on the Holland and Knight website: "Fred Dudley is Senior Counsel with the
international law firm of Holland & Knight, and is a Florida Bar board certified Construction Lawyer with almost 40
years of experience in real estate practice, emphasizing construction liens, licensing and disciplinary cases. He served 16
years in the Florida Legislature, retiring from the Florida Senate in 1998, where he chaired the Senate Judiciary
Committee. As a legislator, Mr. Dudley chaired the study group that re-wrote Florida's Construction Lien laws (Chapter
713), and successfully sponsored every statutory change thereto from 1990 to 1998. As a legislative advocate for the past
7 years, he has continued to draft most of the state laws governing contracting activities in Florida, representing such
groups as Florida Home Builders Association, Aluminum Association of Florida and Florida Swimming Pool Association.
His construction law practice includes lien litigation, administrative proceedings for rule challenges and license discipline,
lobbying the Florida Legislature on behalf of numerous clients, and serving as litigation consultant and expert witness.
This practice also includes regular appearances before the Department of Business and Professional Regulation
(Construction Industry Licensing Board, Electrical Contracting Licensing Board, Board of Architects and Interior
Designers, and Board of Professional Engineers), as well as working with the Department of Health (water quality
standards), Office of Insurance Regulation (title and workers' compensation issues), State Fire Marshall's Office (fire
system contractors licensing and regulation), and Department of Transportation (construction certifications and contract
bidding). He serves on the state's High Speed Rail Authority (chair: 2001-2006), Florida Board of Building Code
Administrators and Inspectors, and is the only non-government representative designated by the Secretary of the
Department of Business and Professional Regulation to work on revisions that agency's licensing forms and procedures.
Mr. Dudley has served as an adjunct professor at Florida State University College of Law, publishing a textbook on real
estate transactions and finance, and lectured extensively on behalf of The Florida Bar in many areas of construction law,
such as licensing, discipline, unlicensed activities and representation in lien litigation. He currently serves as secretary of
the Construction Law Committee and chairs the Construction Law Certification Review Course Committee (which
conducts an annual two-day seminar to prepare examination applicants for certification in construction law)."

With a professional biography like that, Dudley would certainly be familiar with the basic court proceedings associated with a defendant
entering a plea of guilty or no contest. And since Dudley knew Futch was a state licensed contractor, he would certainly know that Futch had
reading and writing comprehension levels good enough to pass the state's written contractor's license examination. And Dudley knew that
Futch had plead guilty to at least four criminal offenses. With these facts in mind, only an idiot would believe Dudley was telling the truth when
he told the Board that Futch didn't understand the questions on the license applications!

Webster’s New American Dictionary defines a lie as “to utter untruth; to misrepresent; to deceive; to make false statement.”
Administrative Rule 4-8.4 paragraph (c) related to Attorney misconduct states that a lawyer shall not "engage in conduct involving dishonesty,
fraud, deceit, or misrepresentation..." Based on the evidence, I filed a complaint with the Florida BAR Association alleging that Dudley
violated Rule 4-8.4(c). I included copies of a corrected amended hearing transcript and a detailed explanation of the evidence supporting my
complaint. The BAR notified Dudley of the complaint.

In his August 17, 2007 reply to the BAR concerning the complaint, Dudley wrote: “As a board-certified construction lawyer, I attend
many of the Board’s meetings and am well known by the chief prosecuting attorney, Ms. Hammonds, and by most, if not
all, of the Board members. Accordingly, I question the accuracy of the hearing transcript (which appears to have been
subsequently amended)." Because Dudley was not mentioned by name during the Board hearing, he was not identified by name in the
transcript. Since Dudley challenged the accuracy of the transcript, I obtained a copy of the actual audio recording of the hearing. That
recording proved the transcript was accurate. Dudley was only addressed once during the hearing, and then only as “Senator.” Remember,
according to Dudley’s own resume, he is “the only non-government representative designated by the Secretary of the
Department of Business and Professional Regulation to work on revisions of that agency's licensing forms and
procedures.” Dudley’s admitted professional association with DBPR and personal familiarity with the Licensing Board members appears to
be a conflict of interest that would easily account for the Boards disinterest in my objection and their unquestioning rapid acceptance of any
Stipulation Agreement he presented to them.

In response to my complaint that he gave false testimony by saying that I sent “newspaper clippings” Dudley wrote: “I do not have an
independent recollection of what Mr. Burke sent to the Department regarding Mr. Futch’s criminal history after the
Department investigator recommended that the initial complaint be closed; if it was other than newspaper articles, then I
would have been mistaken to refer to newspaper articles, but any misstatement was an honest and unintentional mistake
and was irrelevant to the proceeding.” Would an attorney with Dudley’s experience and credentials make such a careless mistake? Or
was it more likely an intentional deception?

Dudley’s defense to my allegation that he was not truthful when he told the Licensing Board that Futch did not read and did not understand the
license application questions was simple: “I stand by my comments at the hearing.” Not much of a defense.

Dudley continued: “I have taken the liberty of ordering a complete copy of the Departments file in this matter and will be
happy to forward a copy to you if you wish. Perhaps that file will reflect or identify the source of information regarding
Mr. Futch’s criminal history as I attempted to relay it to the Board at the hearing." Dudley never did forward anything to
support his false statements or identify the source of information as he relayed it to the Board at the hearing.

Dudley’s closing remark in his reply was: “In any event, I cannot agree with Mr. Burke’s allegations that I made statements at
this hearing that were “dishonest, fraudulent, deceitful regarding his activities in this matter as a licensed private
investigator or in his personal capacity.” Of course he couldn't agree with me. If he did, he would be admitting that he was guilty of the
charges contained in my complaint. The evidence speaks for itself.

As a final note, Shannon Fleming of the Florida BAR sent me the following statement concerning their investigation of my complaint.
“All correspondence and documents submitted in this matter have been carefully reviewed. A lawyer performs various
functions. As an advocate, a lawyer should zealously assert the client’s position under the rules of the adversary system.
As a negotiator, a lawyer seeks a result advantageous to the client, but consistent with requirements of honest dealing
with others. Mr. Dudley attempted to do all these things and made certain arguments to mitigate the violations of his
client. Mr. Dudley was an advocate for his client, but ultimately the Board had the final decision. Regarding the reference
by Mr. Dudley that you provided to DBPR newspaper clippings of Mr. Futch’s criminal past, he admits that it was made
in error. The statement should have had little or to no consequence in the underlying case. Therefore, there is insufficient
evidence from the materials provided that the attorney has violated any of the rules adopted by the Supreme Court of
Florida which govern attorney discipline. Accordingly, continued disciplinary proceedings in this matter are
inappropriate and our file has been closed. The computer record will be purged and the file destroyed one year from the
date of closing.” Remember, Dudley's biography stated that he "lectured extensively on behalf of The Florida Bar in many
areas of construction law, such as licensing, discipline, unlicensed activities and representation in lien litigation." As an
attorney for forty years, a former State Senator and a very active member of the BAR, it is no surprise that the BAR would use such
perverted logic to protect Dudley as one of their own.