AND WHAT IT MEANS FOR YOU. ((MUSIC))SHANNONFAMILIES ACROSS CENTRAL TEXAS AND THE DALLAS-FORT WORTH METROPLEX… FIGHTING TO GET THEIR MONEY BACK AFTER WHAT WAS LEFT OF THEIR CUSTOM DREAM HOMES… WAS SHATTERED. NOW, AN UPDATE TO A KXAN INVESTIGATION WE’VE BEEN FOLLOWING SINCE THE BEGINNING OF THE YEAR, AS THE BUILDER APPEARS IN FEDERAL BANKRUPTCY COURT, FACING FRAUD ALLEGATIONS.AND NOW, INVESTIGATOR BRITTANY GLAS HAS DISCOVERED – A SPORTS CELEBRITY IS JOINING THE FIGHT. LADAINIAN TOMLINSON: “I WANT TO THANK BELLA VITA.”BRITTANY GLAS: LADAINIAN TOMLINSON’S RELATIONSHIP WITH BELLA VITA CUSTOM HOMES STARTED OUT STRONG.THE COMPANY’S C-E-O ANDY CLEM – HELPED SPONSOR A GOLF FUNDRAISER FOR TOMLINSON’S CHARITY FOUNDATION BACK IN 2014.BUT SOON THE N-F-L HALL OF FAMER LEARNED THAT RELATIONSHIP WAS ABOUT TO GO DOWNHILL.HE HAD HIRED CLEM TO BUILD HIS FOUR- MILLION-DOLLAR DREAM HOME IN THE DALLAS AREA.THEN, THIS HAPPENED…A PUNCTURE IN A WATER LINE ON TOMLINSON’S PROPERTY… HE SAYS MAKES BELLA VITA LIABLE FOR SEVEN-HUNDRED-THOUSAND DOLLARS. TOMLINSON SAYS THE COMPANY FAILED TO NOTIFY HIM FOR DAYS, POSSIBLY WEEKS.HIS ATTORNEY ALSO SAYS BELLA VITA VIOLATED ITS CONTRACT, BECAUSE IT FAILED TO PROPERLY SECURE “BUILDER’S RISK INSURANCE” ON THE HOME… THAT WAS NEVER FINISHED.VAN SHAW, ATTORNEY FOR LADAINIAN TOMLINSON: “THERE WERE REPRESENTATIONS MADE TO THE TOMLINSONS BEFORE THEY ENTERED INTO THE CONTRACT…”VAN SHAW: “…THE FRAUDULENT ALLEGATIONS ARE THAT THOSE REPRESENTATIONS WERE FALSELY MADE.”BRITTANY GLAS: IN AN AUDIO RECORDING, TOMLINSON CALLED OUT CLEM IN COURT… FIGHTING BACK AGAINST HIS COMPANY’S BANKRUPTCY FILING.IF THAT BANKRUPTCY GOES THROUGH… CLEM WOULD BE ABLE TO START OVER, WITH A CLEAN FINANCIAL SLATE.LADAINIAN TOMLINSON: “I FEEL LIKE, YOU KNOW, SOME OF THE THINGS THAT WERE PROMISED TO US, THAT — I DON’T THINK HE HAD THE INTENTIONS OF, OF GETTING IT DONE.”BRITTANY GLAS: CLEM TESTIFIED HIS TEAM OF CUSTOM HOME EXPERTS – FROM CONSTRUCTION MANAGERS TO INTERIOR DESIGNERS – WAS LIKELY A BIG PART OF WHY THE COMPANY GOT IN OVER ITS HEAD – FINANCIALLY.ANDY CLEM, FORMER CEO, BELLA VITA CUSTOM HOMES, LLC: “YOU HEAR ABOUT THE NUMBER OF CUSTOMERS THAT WEREN’T HAPPY OR THAT DIDN’T GO WELL, BUT FOR THE FIRST 125 HOMES WE BUILT, WE DID WE DID A DAMN GOOD JOB.”BRITTANY GLAS: “ANDY, HOW DO YOU RESPOND TO ALLEGATIONS OF FRAUD?”MARTIN THOMAS, ATTORNEY (AUDIO, COMING FROM BEHIND): “BRITTANY, I’VE ANSWERED THIS BEFORE. WE’RE ANSWERING ALL THE QUESTIONS IN THE COURTROOM.”BRITTANY GLAS: CLEM’S ATTORNEY ARGUES THE “RISK INSURANCE” ISSUES ARE NOT A MATTER OF FRAUD.BRITTANY GLAS: “WELL, THE PLAINTIFFS IN THIS CASE ARGUE THAT IT IS.” MARTIN THOMAS: “WELL, THEY’RE WRONG.”CLEM’S ATTORNEY áDID TELL THE COURT THE COMPANY, áDID HAVE GENERAL LIABILITY INSURANCE THAT MIGHT HAVE COVERED THE TOMLINSON’S HOME… AND POSSIBLY OTHERS… BUT THEY NEVER TRIED TO GO THROUGH A POTENTIAL CLAIMS PROCESS.THE JUDGE IS WORKING TO VERIFY THAT BEFORE NEXT MONTH AT WHAT’S EXPECTED TO BE THE FINAL COURT HEARING.SO, HOW DO YOU PROTECT YOURSELF BEFORE STARTING A HOME PROJECT? MAKE SURE YOUR BUILDER HAS BUILDER’S RISK INSURANCE.IT PROTECTS CONSTRUCTION MATERIAL THAT MIGHT BE LOST, STOLEN OR DAMAGED… AND ALSO COVERS DAMAGES WHILE THE PROJECT IS IN PROGRESS.BUT KEEP IN MIND – NEITHER THE STATE OF TEXAS NOR THE CITY OF AUSTIN REQUIRES CONTRACTORS TO BE INSURED. BRITTANY GLAS, KXAN INVESTIGATES.THIS IS SOMETHING WE’VE BEEN INVESTIGATING ALL YEAR – AFTER DOZENS OF CENTRAL TEXAS HOMEBUYERS REACHED OUT TO KXAN FOR HELP.CATCH UP ON OUR COMPLETE COVERAGE WITH OUR INTERACTIVE TIMELINE IN THIS CASE RIGHT NOW IN THE INVESTIGATIVE SECTION OF