Arena Builders

From: [redacted] [mailto [redacted] ] Sent: Tuesday, April 14, 12:PMTo: [redacted] ***Subject: Drop disputDispute number [redacted] against arena builders , I would like to drop the dispute we have decided to meet in the middle and it's solved our problemI thank the Revdex.com arena builders for coming to this understanding [redacted]

From: [redacted] [mailto:[redacted]] Sent: Friday, April 10, 2015 10:00 AMTo: [redacted]Subject: ID # [redacted]Revdex.com,I have received your correspondence and have attempted to review the complaint and the customer’s statement of the...

problem.   I have also attempted to contact your office for clarification but was unable to reach anyone.  I did not want his to lag so I am attempting to respond to the best of our ability.The customer statement of the problem is rather difficult to decipher.  I cannot be sure what “a lot of Russian in my backyard Faucette that won’t turn the hot water oncolors that hold up the porch are pulling away from the wall” mean.My best guesses from history with the homeowners are as follows:Guess- doesn’t want to come over to look at things, refers to their demand on Easter Saturday that we come that day to walk the house with them later that same day and then again in a call on Monday 4/6 that we come in the evening to look at things with them.  We explained that our hours are 8am to 5pm Monday to Friday and that we would be willing to meet them during those hours, even during lunch, but not at night or on the weekend.  They did not like the idea that we had normal business hours. We suggested that they compile a written list of their issues as an alternative to a visit since schedules are a problem but as yet we have not received a list.  Please note, any repairs we would identify as warranty would need to be accomplished during those same 8 am to 5 pm hours.Guess-Russian in my back yard refers to erosion at the drainage swale on the north boundary of their property and across the rear yard, south to north. We were contacted by the homeowner about the erosion and visited the property on 4/1 to review it.  While with the homeowner inspecting the areas identified we explained to him that the erosion was the result of a lack of maintenance of the two areas necessary to establish and maintain a grass cover sufficient to carry the flows of water in these two areas.  The homeowners property was seeded prior to their taking ownership of the property and no maintenance or additional seeding has been done since they took ownership.  The homeowner did not like hearing that they needed to maintain the areas and that it was their responsibility to do so, not the builder’s. We are following the Residential Construction Performance Guidelines, Consumer Reference, Third Edition published by the National Association of Home Builders, in  section 1-0-3 it addresses soil erosion: Performance Guideline :“The contractor is not responsible for soil erosion due to acts of God or other conditions beyond the contractor’s control.”  Corrective Measure: “No action is required. The contractor is not responsible for erosion due to acts of God, exceptional weather conditions, site alterations by the consumer, lack of maintenance by the consumer or other conditions beyond the contractor’s control.”  And section 12 ; 12-0-3 Observation “Grass seed does not germinate” Performance Guideline; “ Germination is dependent on certain climatic conditions, which are beyond the contractor’s control.”  Corrective Measure: “After installation, proper lawn and landscape care are the consumer’s responsibility.”Guess- Faucette that won’t turn the hot water on (if I am breaking the statement at the correct point) I believe refers to a shower valve in the secondary bathroom.  During the telephone conversation on 4/6 with the homeowner they mentioned that the shower valve in the secondary bath was limited in its travel.  I explained this was probably the scald guard on the valve limiting the amount of hot water that can be mixed at that fixture and that I needed to have the plumber come by to adjust it.  This occurred during an attempt by me within the telephone call to get a verbal list of their issues which ended up being unsuccessful.  The homeowner did not like that I was not willing to come evenings or weekends and proceeded to tell me they were calling the county to report me, calling the contractor board to report me and suing me for failure to perform on their terms.  Given the deterioration of the telephone call I wished her the best of luck with her planned course of action.  We did not schedule the plumber as I had recommended, due to the deterioration of the civility of the telephone call.Guess- colors that hold up the porch are pulling away from the wall etc.  I do not know what is referenced here, if I assume colors are columns, possibly the brick bases for the porch support columns have developed a separation crack where the columns abut the brick façade of the home??  Their concern would need to be reviewed.  At this point I can only conject as to whether the issue is cosmetic-a natural separation of two independent structures- or a settling issue requiring attention.  After inspection a plan of action would be developed.Since the filing of the complaint with you I have received an email from the customer informing me of “There's a leak in the train master bath toilet under the call space leaving a little powell water” I responded via email that I could have a plumber there first thing the following morning to investigate and repair the leak and while he was there he could adjust the valve in the secondary bathroom.  The homeowner responded that the visit was ”ok”.  It was identified during that visit that the problem described in his e-mail appeared not to be plumbing problem but a tile sealing problem, we arranged to have the tile man visit later the same day. In a summation,  ARENA Builders was the 2012 North Carolina Home Builder of the Year, I am a past President of the W/S Home Builder’s Association, we have built the association house supporting the W/S HBA as well as a tribute home for a fellow builder’s family who passed unexpectedly.  Our reputation within the Winston Salem market is quite strong.  We normally have a very close relationship with the families that purchase our homes.  They call us when issues arise with their homes during the year after they move in and in most cases long after, for us to provide guidance and direction on the care and maintenance of their homes.  When items are warranty related ie..,  a water leak, a failure of an electrical circuit, a door that doesn’t latch, etc. we arrange to send the appropriate person to the home and repair the problem as quickly as possible.  When the problems identified to us are not warranty problems we try to direct them in the best way to remedy the situation but we do not perform the remedy unless they hire us to do so.  Please contact me for any follow up information you may desire.[redacted]ARENA Builders[redacted]###-###-####

From: [redacted] [mailto[redacted]] Sent: Tuesday, April 14, 2015 12:59 PMTo: [redacted]Subject: Drop disputDispute number [redacted] against arena builders , I would like to drop the dispute we have decided to meet in the middle and it's solved our problem. I thank the Revdex.com arena builders for coming to this understanding              [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
Complaint: [redacted]
I am rejecting this response because:I apologize for the wording in the complaint but I have terrible arthritis in my hands and I have to do with a microphone sometimes it doesn't get the words right the maintenance on the property that you said I didn't do I've only had the property for 35 days or so it was raining and snowing the entire yard was nothing but mud with lots of water running through it I have so far had three county inspectors to state inspectors they all looked at the property it was graded wrong the water is not staying in the 10 foot drain 10 foot is way per the plat also the state inform me that the water rushing across the backyard is going right through the drainage field of the septic tankalso there was large amount of rocks remove put there by the state 4also there was large amount of rocks remove put there by the state or the original developer the original  developer to slow the erosion accordin to the neighborhood covenants no changes are to be made in the drainage there were several made in the the neighborhood not only my property I didn't own this property and have a house built I bought a house and a property together pay top dollar degrading landscaping was all part of the improvements in the contract and they need to be fixed he may have a good working relationship with other customers but he doesn't go to us will the rest of the neighborhood that is still waiting for him to come back and repair the damage in their yards he wants to rectify the problem you put the yard in a good working condition make it look good that's what I paid forI apologize if any of the wording is wrong but I'm an old man have a lot of arthritis especially in my hands
Regards
[redacted]

Review: we just bought a house from this builder has a few things wrong with it we have a years warranty on it on it he doesn't want to fix anything when we talk about coming over to look at things he doesn't want to do it comes up with excuses that insults anyone's intelligence once he got his money he was done I have a lot of Russian in my backyard Faucette that won't turn the hot water oncolors that hold the porch up are pulling away from the wall etcDesired Settlement: look up to the warranty and fix the things that are wrong with the house the problem with this guy it's the kind of builder to give the rest of them a bad name

Business

Response:

From: [redacted] [mailto:[redacted]] Sent: Friday, April 10, 2015 10:00 AMTo: [redacted]Subject: ID # [redacted]Revdex.com,I have received your correspondence and have attempted to review the complaint and the customer’s statement of the problem. I have also attempted to contact your office for clarification but was unable to reach anyone. I did not want his to lag so I am attempting to respond to the best of our ability.The customer statement of the problem is rather difficult to decipher. I cannot be sure what “a lot of Russian in my backyard Faucette that won’t turn the hot water oncolors that hold up the porch are pulling away from the wall” mean.My best guesses from history with the homeowners are as follows:Guess- doesn’t want to come over to look at things, refers to their demand on Easter Saturday that we come that day to walk the house with them later that same day and then again in a call on Monday 4/6 that we come in the evening to look at things with them. We explained that our hours are 8am to 5pm Monday to Friday and that we would be willing to meet them during those hours, even during lunch, but not at night or on the weekend. They did not like the idea that we had normal business hours. We suggested that they compile a written list of their issues as an alternative to a visit since schedules are a problem but as yet we have not received a list. Please note, any repairs we would identify as warranty would need to be accomplished during those same 8 am to 5 pm hours.Guess-Russian in my back yard refers to erosion at the drainage swale on the north boundary of their property and across the rear yard, south to north. We were contacted by the homeowner about the erosion and visited the property on 4/1 to review it. While with the homeowner inspecting the areas identified we explained to him that the erosion was the result of a lack of maintenance of the two areas necessary to establish and maintain a grass cover sufficient to carry the flows of water in these two areas. The homeowners property was seeded prior to their taking ownership of the property and no maintenance or additional seeding has been done since they took ownership. The homeowner did not like hearing that they needed to maintain the areas and that it was their responsibility to do so, not the builder’s. We are following the Residential Construction Performance Guidelines, Consumer Reference, Third Edition published by the National Association of Home Builders, in section 1-0-3 it addresses soil erosion: Performance Guideline :“The contractor is not responsible for soil erosion due to acts of God or other conditions beyond the contractor’s control.” Corrective Measure: “No action is required. The contractor is not responsible for erosion due to acts of God, exceptional weather conditions, site alterations by the consumer, lack of maintenance by the consumer or other conditions beyond the contractor’s control.” And section 12 ; 12-0-3 Observation “Grass seed does not germinate” Performance Guideline; “ Germination is dependent on certain climatic conditions, which are beyond the contractor’s control.” Corrective Measure: “After installation, proper lawn and landscape care are the consumer’s responsibility.”Guess- Faucette that won’t turn the hot water on (if I am breaking the statement at the correct point) I believe refers to a shower valve in the secondary bathroom. During the telephone conversation on 4/6 with the homeowner they mentioned that the shower valve in the secondary bath was limited in its travel. I explained this was probably the scald guard on the valve limiting the amount of hot water that can be mixed at that fixture and that I needed to have the plumber come by to adjust it. This occurred during an attempt by me within the telephone call to get a verbal list of their issues which ended up being unsuccessful. The homeowner did not like that I was not willing to come evenings or weekends and proceeded to tell me they were calling the county to report me, calling the contractor board to report me and suing me for failure to perform on their terms. Given the deterioration of the telephone call I wished her the best of luck with her planned course of action. We did not schedule the plumber as I had recommended, due to the deterioration of the civility of the telephone call.Guess- colors that hold up the porch are pulling away from the wall etc. I do not know what is referenced here, if I assume colors are columns, possibly the brick bases for the porch support columns have developed a separation crack where the columns abut the brick façade of the home?? Their concern would need to be reviewed. At this point I can only conject as to whether the issue is cosmetic-a natural separation of two independent structures- or a settling issue requiring attention. After inspection a plan of action would be developed.Since the filing of the complaint with you I have received an email from the customer informing me of “There's a leak in the train master bath toilet under the call space leaving a little powell water” I responded via email that I could have a plumber there first thing the following morning to investigate and repair the leak and while he was there he could adjust the valve in the secondary bathroom. The homeowner responded that the visit was ”ok”. It was identified during that visit that the problem described in his e-mail appeared not to be plumbing problem but a tile sealing problem, we arranged to have the tile man visit later the same day. In a summation, ARENA Builders was the 2012 North Carolina Home Builder of the Year, I am a past President of the W/S Home Builder’s Association, we have built the association house supporting the W/S HBA as well as a tribute home for a fellow builder’s family who passed unexpectedly. Our reputation within the Winston Salem market is quite strong. We normally have a very close relationship with the families that purchase our homes. They call us when issues arise with their homes during the year after they move in and in most cases long after, for us to provide guidance and direction on the care and maintenance of their homes. When items are warranty related ie.., a water leak, a failure of an electrical circuit, a door that doesn’t latch, etc. we arrange to send the appropriate person to the home and repair the problem as quickly as possible. When the problems identified to us are not warranty problems we try to direct them in the best way to remedy the situation but we do not perform the remedy unless they hire us to do so. Please contact me for any follow up information you may desire.[redacted]ARENA Builders[redacted]###-###-####

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Review: [redacted]

I am rejecting this response because:

I apologize for the wording in the complaint but I have terrible arthritis in my hands and I have to do with a microphone sometimes it doesn't get the words right the maintenance on the property that you said I didn't do I've only had the property for 35 days or so it was raining and snowing the entire yard was nothing but mud with lots of water running through it I have so far had three county inspectors to state inspectors they all looked at the property it was graded wrong the water is not staying in the 10 foot drain 10 foot is way per the plat also the state inform me that the water rushing across the backyard is going right through the drainage field of the septic tankalso there was large amount of rocks remove put there by the state 4also there was large amount of rocks remove put there by the state or the original developer the original developer to slow the erosion accordin to the neighborhood covenants no changes are to be made in the drainage there were several made in the the neighborhood not only my property I didn't own this property and have a house built I bought a house and a property together pay top dollar degrading landscaping was all part of the improvements in the contract and they need to be fixed he may have a good working relationship with other customers but he doesn't go to us will the rest of the neighborhood that is still waiting for him to come back and repair the damage in their yards he wants to rectify the problem you put the yard in a good working condition make it look good that's what I paid forI apologize if any of the wording is wrong but I'm an old man have a lot of arthritis especially in my handsRegards