Benchmark Builders, Inc.

We have a sump pump design that is not suitable for the amount of underground water on our propertyWe have a problem with a broken and shifting front sidewalkWe have electrical breakers that constantly trip during usage when there is no storm or system upsetI sent certified letters within the first months in the home about these issuesNo one from Benchmark respondedNow that we are past months since settlement, the Benchmark customer service representative is telling us that we are past the warranty period and therefore the issues will not be addressedAs for the sump pump, they say it meets codeI don't argue that it meets code, but it does not meet "Fit, Form & Function" in that it is not the proper design for this amount of underground water

*** *** ***
I n response to the above mentioned complaint:
I*** *** purchased a new home from Benchmark Builders on 04/This home was sold with a I year Limited Warranty, provided by Benchmark
Builders, that is presently in the fifth year of warranty coverageWarranty coverage at this point is limited to the structural aspects of the home
I received a phone call from *** *** in February of this year concerning the
presence of mold in his atticHe stated the ventilation for the attic had been improperly installed during the construction of his home, resulting in the formation of mold on the wood components of the roof structureWhen asked how he determined the venilation was done incorrectly, *** *** informed me that he had a contractor who had
advised him on this matter*** *** then paid this contractor to make modifications
to the roof structureincluding the insulation/venting components
During t he course of my 02/19/conversation with *** *** I had asked him how he first became aware of a moisture problem in the atticHe informed m e that he had noticed water dripping from a bathroom exhaust fanThis is indicative of warm air from the home meeting with cold exterior airUsually, th is is th e result of a broken or stuck
baffie in the exhaust tanOne of the consequences of not repairing the baffle can be the
introduction of moisture and condensation into the dueling areaOver a period of time,
his may result in mold formation
In summary , the Builders Limit ed Warranty excludes any damage from mold, mildew, or rotThis
exclusion is standard for most, if not all, new horne warranties
If *** *** felt that a component of his home was incorrectly constructed by Benchrnark Builders, his first obligation was to contact our company before making any alterations to
home based on a subjective opinion by an outside contractorThere is now no way to confirm his claims
All required inspections on *** ***'s home, including the installation of the insulation and insulation roof baffles, were done by New Castle CountyAll inspections were completed and passedTherefore, Benchmark Builders feels we have no liability for *** ***'s situation and cannot honor his request for financial compensation
If you should have any questions, please feel free to contact me: *** *** *** ***

Here is our official response. see attached PDF
thank you

Here is our official response.  see attached PDFthank you

In response to [redacted]'s follow up letter to the Revdex.com, Benchmark Builders feels that all relevant matters and questions had been previously addressed in our response letter of 03110/20 14. [redacted] has introduced nothing additional  in his communication  that would
alter our conclusion that Benchmark Builders has no responsibility, or liability , for [redacted] 's predicament.
Benchmark Builders has been forthright with the term s of the warranty provided to [redacted] with the purchase of his home. Furthermore, [redacted] signed an Acknowledgement of Receipt and Understanding on 0811 7/2008 agreeing to the provisions of said warranty.  While we sympathize with [redacted] 's predicament, we are bound by the terms of that warranty.
lf you should have any questions, please feel free to contact me: [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I've include my response below and the same has been attached.
[redacted]
In response to Benchmark Builders ([redacted]'s) response:
1.       I was aware of the Limited Warranty, which explains why I did not contact Benchmark Builders when I first became aware of roof/attic issues.  It was only after mold was discovered, as a result of poor construction of the roof/attic, that I contacted Benchmark for compensation of mold remediation.  Not the thousands spent in roof/attic repair.  The home builders warranty was thoroughly reviewed prior to contacting the outside contractor. 
2.      I did speak to Mr. [redacted] via the phone in November of 2014.  I explained that the outside contractor advised that installation of attic baffles were done incorrectly by Benchmark which the contractor concluded caused improper ventilation in the attic/roof.  It was discovered attic baffles were installed in a way that prevented proper and adequate air flow in the attic.  In support of the outside contractor’s initial observations, after the contractor’s work was completed, air flow improved immediately.  It was also noticed how much more daylight was visible in the attic.  In addition, during the mold inspection by the mold remediation company, not affiliated with the outside contractor, areas with the most mold were found in the parts of the attic where the baffles were replaced.  Lastly, a question that is still not addressed by Mr. [redacted] is how a properly constructed roof and attic can have mold within less than 5 years. 
 
3.      In response to Mr. [redacted]’s comments regarding a bad ventilation fan and broken baffle in bathroom fan.  First, this is a totally separate issue which led me to inspect the attic and discover
moisture.  As soon as I found water leaking, I immediately went up into the attic and discovered condensation on all parts of the inner roof and other wood structures.  And, it was never determined that the baffle in
the bathroom vent was in fact “bad” or broken in the bathroom ventilation fan.  Also, when I first reached out to Mr. [redacted] it took well over a week to get in touch with him.  And I did invite Mr. [redacted] to come
out and take a look at the mold in our attic by voicemail and never heard back from him.  Lastly, I was not made aware of the date the home inspection was done, nor given the opportunity to be
present.    
4.      The example noted above in item 3, and Mr. [redacted]’s response letter is an example of my words to him describing the issue being taken out of context and bits and pieces put together by Mr. [redacted] to formulate a story to absolve Benchmark of poor craftsmanship and to avoid compensating me for mold remediation.  It is an example of the customer being treated unfairly and having the “expertise”
of a constriction business attempting to overshadow the perceived less knowledgeable homeowners assessment of the issue.
In summary, I feel mistreated by Benchmark builders.   I was sold a poor product and feel I should recover monies spent to fix a new home that should not have mold issues.
Please contact me with any further questions you have regarding this matter.  I do have pictures that can be provided.

Review: In 2009, we built a home using Benchmark builders. This winter we discovered long-term mold growth in our attic. If product was built correctly, we should not have mold in our attic. We have spent several thousand dollars correcting improper ventilation in the attic and now have to pay for mold remediation.Desired Settlement: We are not asking for help in the roof repair costs, especially since Benchmark will debate what repairs were necessary. However, there is no reason why mold should be found in an adequately vented attic. We ask that Benchmark cover the mold remediation costs.

Business

Response:

[redacted]

I n response to the above mentioned complaint:

I. [redacted] purchased a new home from Benchmark Builders on 04/3012009. This home was sold with a I 0 year Limited Warranty, provided by Benchmark Builders, that is presently in the fifth year of warranty coverage. Warranty coverage at this point is limited to the structural aspects of the home.

2. I received a phone call from [redacted] in February of this year concerning the

presence of mold in his attic. He stated the ventilation for the attic had been improperly installed during the construction of his home, resulting in the formation of mold on the wood components of the roof structure. When asked how he determined the venilation was done incorrectly, [redacted] informed me that he had a contractor who had

advised him on this matter. [redacted] then paid this contractor to make modifications

to the roof structure. including the insulation/venting components.

3. During t he course of my 02/19/20 14 conversation with [redacted] I had asked him how he first became aware of a moisture problem in the attic. He informed m e that he had noticed water dripping from a bathroom exhaust fan. This is indicative of warm air from the home meeting with cold exterior air. Usually, th is is th e result of a broken or stuck

baffie in the exhaust tan. One of the consequences of not repairing the baffle can be the

introduction of moisture and condensation into the dueling area. Over a period of time,

his may result in mold formation.

In summary , the Builders Limit ed Warranty excludes any damage from mold, mildew, or rot. This

exclusion is standard for most, if not all, new horne warranties.

If [redacted] felt that a component of his home was incorrectly constructed by Benchrnark Builders, his first obligation was to contact our company before making any alterations to

home based on a subjective opinion by an outside contractor. There is now no way to confirm his claims.

All required inspections on [redacted]'s home, including the installation of the insulation and insulation roof baffles, were done by New Castle County. All inspections were completed and passed. Therefore, Benchmark Builders feels we have no liability for [redacted]'s situation and cannot honor his request for financial compensation.

If you should have any questions, please feel free to contact me: [redacted]

Consumer

Response: