Berks Construction

Response to complaint, ID [redacted] : exhibits are attached and a copy has been mailedThe site plan approved by [redacted] County and [redacted] Township required infiltration pits on each lot As is shown on Exhibit 1, the plan requires one infiltration pit in the front left yard and one in the left rear yard At the time of installation of the rear infiltration pit the excavator encountered solid rock within near the surface The proximity of the rock to the surface excavation to the depth of an infiltration pit was not possible Berks Homes contacted the [redacted] County engineer who at the time was the person responsible to review and approve all storm water facilities on the site as well as on the lots The purpose was to discuss options The [redacted] County engineer suggested that Berks could install a rain garden on the surface provided that a storm water analysis be performed for lot [redacted] by a qualified engineering firm [redacted] Engineering & Surveying was hired to perform the analysis The analysis is included as Exhibit A similar condition existed on lot [redacted] on which a rain garden was installed Exhibit photos are of the rain garden that was installed on lot ***The buyers of lot [redacted] were shown the rain garden installed on lot [redacted] to give them an idea of what they can expect Both the [redacted] County engineer and [redacted] Township engineer observed the installation and approved the installation when completed Included in the study conducted by [redacted] is a plan that shows the proposed bottom elevation of the rain garden for lot [redacted] is to be which is approximately feet below the top of the foundation This resulted in an approximate 3:slope from the rear left corner of the house to the bottom of the rain garden within feet from the house The owners of lot [redacted] were not happy and complained to the township and the county Representatives from Berks Homes, county engineer and the township engineer met at lot [redacted] to discuss options The decision was that stone could be placed on top of the rain garden to raise the grade and cover with topsoil to improve the grade of the rear left corner of the yard A yard drain was also required to be installed to collect some surface water but also will be used as an observation port Exhibit is a plan that shows the proposed elevations after several loads of #stone was placed over the rain garden and topsoil placed above the stone This resulted in raising the elevation approximately feet and significantly reduced the slope of the left rear corner of the yard The right rea corner of the yard was lowered because it was graded too high and didn’t allow the surface water to properly drain toward the area of the rain garden The remaining depth of the topsoil was sufficient There is an infiltration pit in the front yard which receives the downspouts from the front of the house and the rear downspouts are piped to the rear area where the rain garden/stone filled area described above Exhibit is a photo of the rear yard of lot *** The area circled in green is the area referred to in this complaint This photo does not indicate the existence of a crater The yard appears to be graded according to Exhibit which is the final grading approved by the engineers The drain pipe in the rear yard was crushed and needed replacedThis was dug up and replaced Berks Homes has done what was needed to correct the items at hand and nothing further will be done

Here is our response to the complaint ID# [redacted] The lawsuit referenced in the complaint was filed by a neighboring property owner that claimed that storm water run-off from one of the basins damaged his property The basins were conveyed to the HOA from the developer ( [redacted] , LLC) a couple of years before the lawsuit was filed The president of the HOA at the time was occasionally briefed with updates on the lawsuit The HOA and [redacted] , LLC had separate attorneys from separate law firms provided by the insurance company, they were not the same as claimed in the complaint The names of the two attorneys and the two separate law firms that they represented can be provided if need be Obtaining council in addition to the council that was provided was a decision made by the HOA This lawsuit did not prevent any home purchasers from obtaining financing nor did it prevent them from being able to obtain title insurance policies This lawsuit has been settled at no cost or with any foreseeable future liability to the HOA The insurance coverage issue referenced in the complaint we believe to be the result of a policy that was purchased by the property management company at the time which was not affiliated with Berks HomesThis complaint referenced broadly issues with roofs and furnaces In looking back through warranty records the homes mentioned in the complaint as being built in would have included a two year warranty which would follow the performance guidelines as established by the National Association of Homebuilders, in addition there are some consumer product warranties on the components used in the construction of the home Our records show that we were back out to homes built during this time in this community for roof and furnace issues as recently as which would far exceed the warranty coverage periodWe have not received any documented warranty related items on homes built during this time since then, which is three years beyond when we had last been out to any of the homes built in this community in or around 2008, which would be years since completion

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because:As I stated earlier, if the backyard was completed as per the engineering drawings, there wouldn't have been an issueThe crater in our backyard takes up more than 3/of the yardAccording to the drawings it should have only taken up around less than 1/of the yardYou are right, it's not as deep as it used to be, but it's still very wide and still deepEvery excavator and landscaper told us it was done wrongThe only people I came across who said it is currently fine is Berks HomesBerks Homes told us initially in when we first complained that it was done incorrectly There attempt to fix the problem failed miserablyThe grading wasn't done according to spec and the one drainage pipe led directly to dirt and not to the infiltration bed so it would back up when rainedThey did come out last year after years of complaining to finally dig up the backyard and lay stone where the drain pipe ended but did nothing to the rest of the backyard They have a repeated history of not installing backyards correctlyIn we were told by Berks Homes they would come out and fix our backyard grade for the 2nd time and etc but they said they would do it in the spring of when they also had to repair the backyard of another neighbors yard diagonal to usThey completely redid the backyard of our diagonal neighbors, but instead of repairing our backyard, Berks Homes threw some grass seed down in around a ft by ft area and told us our yard just needed loving and to buy a few bags of dirtI was beyond furious when they just threw grass seed down and did not address our issues with the backyardOur neighbors in lot [redacted] also complained about their backyard and were told by the Berks Homes workers that landscaping isn't what they are good at, just building homes So of our neighbors and us make homeowners who complained to Berks Homes regarding their backyards that I'm aware ofI wasn't the first and not the last to complain regarding Berks Homes backyard installations Regards, [redacted] ***

Response to complaint, ID ***:
exhibits are attached and a copy has been mailed
class="MsoNormal" "MARGIN: 0in 0in 8pt">The site plan approved by *** County and *** Township required infiltration pits on each lot. As is shown on Exhibit 1, the plan requires one infiltration pit in the front left yard and one in the left rear yard. At the time of installation of the rear infiltration pit the excavator encountered solid rock within near the surface. The proximity of the rock to the surface excavation to the depth of an infiltration pit was not possible. Berks Homes contacted the *** County engineer who at the time was the person responsible to review and approve all storm water facilities on the site as well as on the lots. The purpose was to discuss options
The *** County engineer suggested that Berks could install a rain garden on the surface provided that a storm water analysis be performed for lot *** by a qualified engineering firm. *** Engineering & Surveying was hired to perform the analysis. The analysis is included as Exhibit 2. A similar condition existed on lot *** on which a rain garden was installed. Exhibit photos are of the rain garden that was installed on lot ***The buyers of lot *** were shown the rain garden installed on lot *** to give them an idea of what they can expect. Both the *** County engineer and *** Township engineer observed the installation and approved the installation when completed
Included in the study conducted by *** is a plan that shows the proposed bottom elevation of the rain garden for lot *** is to be which is approximately feet below the top of the foundation. This resulted in an approximate 3:slope from the rear left corner of the house to the bottom of the rain garden within feet from the house. The owners of lot *** were not happy and complained to the township and the county. Representatives from Berks Homes, county engineer and the township engineer met at lot *** to discuss options. The decision was that stone could be placed on top of the rain garden to raise the grade and cover with topsoil to improve the grade of the rear left corner of the yard. A yard drain was also required to be installed to collect some surface water but also will be used as an observation port.
Exhibit is a plan that shows the proposed elevations after several loads of #stone was placed over the rain garden and topsoil placed above the stone. This resulted in raising the elevation approximately feet and significantly reduced the slope of the left rear corner of the yard. The right rea corner of the yard was lowered because it was graded too high and didn’t allow the surface water to properly drain toward the area of the rain garden. The remaining depth of the topsoil was sufficient
There is an infiltration pit in the front yard which receives the downspouts from the front of the house and the rear downspouts are piped to the rear area where the rain garden/stone filled area described above. Exhibit is a photo of the rear yard of lot ***. The area circled in green is the area referred to in this complaint. This photo does not indicate the existence of a crater. The yard appears to be graded according to Exhibit which is the final grading approved by the engineers
The drain pipe in the rear yard was crushed and needed replacedThis was dug up and replaced
Berks Homes has done what was needed to correct the items at hand and nothing further will be done

The rain garden was installed according to the engineer's specifications. The engineer's specifications for the rain garden are included. As can be seen on the drawings the level of the rain garden is shown to be 6.5 feet below the first floor elevation. The difference in elevation was the real issue for the [redacted]'s. Due to their unhappiness with the difference in the elevation Berks Homes discussed options with the [redacted] County Engineer. The decision was made to add stone on top of the existing rain garden and essentially create an infiltration bed and raise the elevation of the rear yard in that area by 3 feet. A yard drain was added and topsoil placed on top of the stone. A portion of the yard in the rear of the garage was lowered slightly to provide adequate slope for drainage towards the infiltration area. The elevation was raised as high as possible to maintain positive flow from the upper areas of the yard into the infiltration area. This work was approved by the [redacted] County and [redacted] Township engineer.
The original site engineering plans do not show a flat rear yard, they actually show a 4.83 foot difference from the first floor to finish grade in the area of the infiltration area. The current grading with the infiltration area is 3.75 feet lower than the first floor elevation which is less steep than the approved site plans.

[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:
They incorrectly installed the rain garden and there attempted fix of the rain garden and backyard was still not done correctly according to the engineering drawings.
If the rain garden had been installed correctly and was similar to our neighbors in lot [redacted] there wouldn't have been any issues. However Berks homes told us they could tell that the rain garden was installed incorrectly when we first complained in 2010. They attempted to fix it but it's still not according to the drawings they provided us when we bought the house..
A representative from [redacted] township came to our property and told us it's a shame what Berks Homes gave us as a backyard and what they are doing to us. We had numerous landscapers and excavators look at our backyard and they all essentially say the same thing.  "Why did they do this to your backyard?" We have estimates from $6,000 to $30,000 to just properly grade the backyard to the engineering drawings.
Regards,
[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:As I stated earlier, if the backyard was completed as per the engineering drawings, there wouldn't have been an issue. The crater in our backyard takes up more than 3/4 of the yard. According to the drawings it should have only taken up around less than 1/4 of the yard. You are right, it's not as deep as it used to be, but it's still very wide and still deep. Every excavator and landscaper told us it was done wrong. The only people I came across who said it is currently fine is Berks Homes. Berks Homes told us initially in 2010 when we first complained that it was done incorrectly.  There attempt to fix the problem failed miserably. The grading wasn't done according to spec and the one drainage pipe led directly to dirt and not to the infiltration bed so it would back up when rained. They did come out last year after years of complaining to finally dig up the backyard and lay stone where the drain pipe ended but did nothing to the rest of the backyard. 
They have a repeated history of not installing backyards correctly. In 2011 we were told by Berks Homes they would come out and fix our backyard grade for the 2nd time and etc but  they said they would do it in the spring of 2012 when they also had to repair the backyard of another neighbors yard diagonal to us. They completely redid the backyard of our diagonal neighbors, but instead of repairing our backyard, Berks Homes threw some grass seed down in around a 5 ft by 5 ft area and told us our yard just needed loving and to buy a few bags of dirt. I was beyond furious when they just threw grass seed down and did not address our issues with the backyard. Our neighbors in lot [redacted] also complained about their backyard and were told by the Berks Homes workers that landscaping isn't what they are good at, just building homes.  So 2 of our neighbors and us make 3 homeowners who complained to Berks Homes regarding their backyards that I'm aware of. I wasn't the first and not the last to complain regarding Berks Homes backyard installations. 
Regards,
[redacted]

Here is our response to the complaint  ID# [redacted] The lawsuit referenced in the complaint was filed by a neighboring property owner that claimed that storm water run-off from one of the basins damaged his property.  The basins were conveyed to the HOA from the developer ([redacted],...

LLC) a couple of years before the lawsuit was filed.  The president of the HOA at the time was occasionally briefed with updates on the lawsuit.  The HOA and [redacted], LLC had separate attorneys from separate law firms provided by the insurance company, they were not the same as claimed in the complaint.  The names of the two attorneys and the two separate law firms that they represented can be provided if need be.  Obtaining council in addition to the council that was provided was a decision made by the HOA.  This lawsuit did not prevent any home purchasers from obtaining financing nor did it prevent them from being able to obtain title insurance policies.  This lawsuit has been settled at no cost or with any foreseeable future liability to the HOA.  The insurance coverage issue referenced in the complaint we believe to be the result of a policy that was purchased by the property management company at the time which was not affiliated with Berks Homes. This complaint referenced broadly issues with roofs and furnaces.  In looking back through warranty records the homes mentioned in the complaint as being built in 2008 would have included a two year warranty which would follow the performance guidelines as established by the National Association of Homebuilders, in addition there are some consumer product warranties on the components used in the construction of the home.  Our records show that we were back out to homes built during this time in this community for roof and furnace issues as recently as 2014 which would far exceed the warranty coverage period. We have not received any documented warranty related items on homes built during this time since then, which is three years beyond when we had last been out to any of the homes built in this community in or around 2008, which would be 9 years since completion.