email screen captures, originals are still on my mail server.

From an early draft, color lighting of text was done by Marty Davis. As the structure changed to meet requirements for construction loan this language stayed in place. After we had decided that we could not secure the loan needed for earth sheltered as had been the plan we looked at a steel building with a full, finished, walk-out basement. The bank thought that this was insane, but a stick-built of same size and floor-plan was fine with them.

Note that at this time he seems to understand that the list of materials is important. 

Here is the verbiage from the document sent to the bank as part of the documentation to secure the construction loan:

 The first demand for $9,700.00. Also the concrete was not actually paid for it turned out. I ended up paying $7,169.97 for it directly to avoid foreclosure from their Mechanic's Lien.

I really should have given up before this step and saved myself money, time, and anguish as the result would have been the same. Hindsight. Back to our emails of 6/23:

This is when Marty started maintaining that the 8 page Description of Material has no bearing on what he needs to deliver because it has no prices on it, they are in the Contractor's Verified Statement, a one page document with prices. Here is a copy with the payouts that were made listed:

To claim that this is the only binding document and that the descriptions, floor plans, and site elevations are meaningless is stupid. How many square feet is this buying? What is the r-value of the insulation? How many doors and windows and of what size? Does this buy more than one electrical outlet?

I had not realized that everything was going pear-shaped from the first day of having Davis Caves' employees on the job site. Had I known his plan for charging me (and ignoring the part of the job description that included this as part of the construction costs) at this stage I could have had him fell the trees and drug them out of the way for me to cut up later. Instead he followed our verbal agreement to cut it into firewood and take 90% of it for himself.

Once we got lawyers involved a suggestion that would have been simple, and perhaps helpful, would have been a completion date with financial penalties for every day the finished house was late. If you choose to hire Davis Caves I would suggest looking into this and other options to encourage completion with your attorney before signing anything.