Cape Coral homeowner says $10,000 deposit for home plans left him starting over

CAPE CORAL, Fla. (WINK) — Doug Malinowski and his wife thought they were finally ready to rebuild.

After losing their Cape Coral home in a fire and enduring years of setbacks, they had finally saved enough money to build what they hoped would be their forever home. However, they say another setback came after paying a local builder $10,000 for the sites design and engineering plans they claim they never saw.

"It's just peaceful. See how quiet it is now. There's nothing, no noise at all. It's just beautiful," Doug Malinowski said while standing on the vacant lot where he hopes to one day build.

The lot is where the couple's previous home once stood before it was destroyed by fire. Now, they're trying to rebuild on the same property.

In November 2025, Malinowski signed a contract with Capitol Homes, a company based out of Englewood. The agreement shows he paid a $10,000 deposit for the "design and engineering of the structure" and the "engineered site plan."

Malinowski says the company provided a draft of a floor plan but not any of the completed site plans. He says the floor plan drawing he received did not include windows, doors or elevations. Eight months later, he says he still had not received the completed site plans.

"It devastates you. It just sucks the wind right out of your sails. I mean, this really sets you down. It's depressing to think that they can just do this," Malinowski said.

He eventually decided to move on in March and hire another builder, paying again for new site plans.

"You just expect better out of people," he said.

Malinowski says he wants the $10,000 deposit returned.

WINK Investigates contacted Capitol Homes owner Scott Knapp multiple times.

Knapp first spoke with WINK Investigates by phone in mid-June. He said the $10,000 deposit was non-refundable under the agreement and said Malinowski terminated the project before work could continue.

Malinowski told WINK Investigates he did terminate the project in March because he says the company was not communicating with him or showing any signs the project was moving forward.

Knapp also told WINK Investigates he would reimburse Malinowski $450 for the cost of a site survey.

Following that phone conversation, WINK Investigates emailed Knapp requesting copies of the completed site plans, proof the $450 reimbursement had been issued and an itemized breakdown showing what work had been completed under the $10,000 payment.

Three weeks later, Knapp responded by email, writing:

"We are aware of the customer's concerns and take them seriously. Based on what you communicated to us, we believe there are false claims and factual inaccuracies provided to you by the customer. A signed agreement was entered for plan services, which included a non-refundable deposit. This was not a construction contract. We fulfilled our obligations under that agreement and made the plans available to the customer. We remain willing to communicate directly with the customer to address any outstanding concerns."

WINK Investigates then followed up again, asking Knapp to provide documentation showing what work had been completed, how the $10,000 payment was spent and if he reimbursed the $450.

As of publication, Knapp has not responded to those follow-up questions or provided the requested documentation.

Malinowski says he has not yet received the $450 reimbursement Knapp told WINK Investigates he would provide.

"I can't keep waiting for my dream. I'm not getting any younger. I'm ready for it now," Malinowski said.

WINK Investigates will continue following this case and provide updates as they become available.