C T Learning Inc

RE: Complaint Case #: ***
Consumer:
*** ***
I am writing in reply to your inquiry dated September
2, concerning the above homeowner.
We
attempt to satisfy all homeowners and remain ready, willing and able to repair
any legitimate warranty item at the ***’ residence In this particular case, the issues which are
the subject of the homeowners’ complaint do not exceed warranty standardsI
have reviewed *** ***’s complaint and Kay Builders is of the opinion that
all warranty and repair obligations have been met
In connection with the purchase of the home, the
*** received a 10-year Limited Warranty Agreement issued by Quality Builders
Warranty Corporation. If the *** believe
that there are items subject to the warranty, which have not been corrected,
they can contact Quality Builders Warranty CorporationThe warranty provided
has a very specific Complaint Resolution Mechanism, which the *** agreed to
utilize. Therefore, I do not know why
your department is involved in this matter since the *** have recourse under
the Dispute Resolution Provisions contained in the Limited Warranty
Agreement.
Very Truly Yours,
Amanda S***
Kay Builders

*** *** and her landlord were informed that Kay Builders would not be putting the fence back up The crew took the fence down and nicely stacked it in the rear yard for them to put the fence back up The fence in question was built on Kay Builders property. Thanks,Amanda
S*Kay Builders*** *** *** *** **
*** ** ***(F) ###-###-####

Customer's complaint regarding two issues that were on their pre-settlement walk through. The Customer was working directly with on-site supervisor. Customer did not notify our Warranty Service Department of their concerns after days as outlined in the Pre-Settlement Walk
Through Orientation Documents signed by them. Soon as Warranty Service became aware both issues were completed in days(1) Lifted siding over the garage door. (2) Soffit over the front entry door. Completed Friday 10/7/16. Met with the Customer today and advised them where to submit their concerns in the future

[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 as Answered]
Complaint: ***
I am rejecting this response because: We were told by the builder that foot was to be left by each owner and now all of a sudden this is not the caseIf this info was relayed to us before we put up the fence, we would have put the fence on our property line .Now we are unable to access our back yardAnd both homeowners are responsible to cut this grass were a lawn mower can not reachI guess were are not able to reach an agreement on this this issue If I can't get help on here I will have no choice but to get an attorney and have the courts resolve this matterWe have all the original paperwork kay gave us with a drawing of where the fence should be placed.Thanks You for your time
Regards,
*** ***

[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me.
Regards,
*** ***

From: Dave F* [mailto:***@kaybuilders.com]
Sent: Monday, October 05, 7:PM
To: ***.***@***com
Cc: *** ***
Subject: Your driveway
Hello
***,
Here
is the email I said I would send you this evening regarding your
driveway.
Kay
builders WILL repair your driveway at no cost to you the customerI strongly
recommend waiting until spring to allow the ground to completely settle before
attempting a repair.
I
cannot promise the replacement of the entire drivewayWhat I can say is that
in the spring I will re evaluate the driveway and will remove and replace the
damaged areaBy waiting until spring the ground should be done moving and
settling.
I
apologize if this message was not received in my previous email.
I
will continue to monitor the driveway over the next few months and add stone as
needed.
Regards
David
F*
VP-
Operations
Cell:
###-###-####
Office:
###-###-####
Fax:
###-###-####

Kay Builders has responded to the Customer’s questions concerning their driveway. Kay Builders at no time ever indicated corrections would not be made. Driveways are excluded from coverage under the Warranty provided to the customer before settlement.   However, Kay Builders is...

aware that new driveways can experience settlement.  Our policy is to let new driveways go through a full year.  If significant settlement occurs, at the request of the homeowner, Kay Builders will evaluate to determine if the settlement is more than normal.  Repairs are offered on a case by case basis, depending on conditions and severity of settlement.   Because of the above policy, others in the community have had driveway repairs or replacement depending on condition and severity of settlement. Customer purchased July 18, 2016.  Reported settlement of the driveway December 8, 2016. Kay Builders responded to the customer advising that It is normal for driveways to experience settlement during the first year.  It is best to let the driveway go through a full year going through all four seasons before making a determination. Kay Builders asked the customer to please continue to monitor the driveway for any sinking, cracking, through the winter and spring. Should they feel there is more than normal settlement cracks or sinking, contact Kay Builders and request an evaluation inspection. December 14, 2016, the customer reported that the driveway settled more.  Kay Builders advised that driveway repairs/replacements are not done during the winter since asphalt is not available.  However, with the customer’s authorization Kay Builders will fill the settlement with stone as a temporary measure until later in spring or early summer when macadam is available. Customer contacted Kay Builders December 26, 2016 to advise that additional sinking had occurred. Kay Builders again responded yesterday December 27, 2016, repeating the above and advising the following: “Because of the amount of settlement you are experiencing, with your authorization, Kay Builders will fill the settlement with stone on top of the macadam, as a temporary measure until later in the spring or early summer 2017, when a larger scale repair or replacement can be made. Please advise if you will authorize Kay Builders to add stone as a temporary measure.”

The Customer did not contact Kay Builders to try and resolve before registering this complaint.Kay Builders is sorry to hear about the customer’s displeasure concerning landscape rock installed at the property of the new home under construction adjacent to the customer’s property.Topography of the...

land dictated the necessity to install landscape rock, for grading purposes, to facilitate positive drainage for both properties.Approved plot plans indicate there is not an easement between the properties.  There is however a drainage easement at the rear of the properties.The landscape rock put in does not require special zoning permits, and can be installed directly on the property line.  However, Kay Builders set the rock back off the property line between 10-12 inches.Township regulations for fencing does require a one foot set-back.Our measurements indicate that the customers fence in not in compliance with the regulation.To compromise, Kay Builders has offered to install weed block fabric covered with river rock stone between the customer’s fence and the landscape rock at the adjacent property.   By doing so, will eliminate maintenance concerns regarding lawn mowing in that area.Even if the landscape rock was not put in, the customer would have had to walk their lawn mower on the adjacent property, in order to reach the back yard, because the fence encroaches the property line. The customer has not consented to go ahead with the compromise.

In connection with the purchase of the home, the Customer received a 10-year Limited Warranty Agreement issued by Quality Builders Warranty Corporation.The Warranty is broken into three sections.  Year One Warranty Coverage:  Materials and workmanship coverage.  Manufactures Warranty...

for mechanical equipment.  Heating and Cooling, Electrical and Plumbing Systems.  Major Structural load bearing elements of the dwelling. Year Two Warranty Coverage:  Heating, Cooling, Electrical and Plumbing systems.  Major Structural load bearing elements of the dwelling.  Balance of Manufactures Warranty that may apply. Years Three through Ten Warranty Coverage:  Major Structural load bearing elements of the dwelling. Warranty Coverage for this home is currently in year Five. Workmanship for installation of roofing shingles fall under the year one of the warranty. The home has been experienced some roofing shingles to blow-off at some point each of the five years. Kay Builders has come back each time to replace the shingles which have blown off. Kay Builders Current Roofing Vendor has agreed to replace an entire tier of roofing shingles all the way from ridge to fascia, including all flashings.  Work to be completed later this coming spring 2018, when weather conditions are ideal. Until that time Kay Builders Roofing Vendor will continue to replace any shingles that blow-off. The Customer has previously agreed to the above resolution. Additionally, Kay Builders is scheduled for February 5 & 6, 2018 to address affected interior drywall and insulation.  Scheduled dates confirmed in agreement by the Customer.

Kay Builders has informed the property owner/landlord that we will be enclosing the backyard with the existing fence within the next 14 business days.

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. 
Regards,
[redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this is acceptable only if driveway is completely replaced in spring and that hardscaping that we did is corrected as well
Regards,
[redacted]

Please see email below sent to customer 10/1/15 from the VP of Operations & Spoke in person on 9/30/15:
If [redacted] has any questions she can contact the [redacted] Warranty at ###-###-####.From: Dave F[redacted] [mailto:[redacted]@kaybuilders.com]
Sent: Thursday, October 01, 2015 7:14 PM
To:...

[redacted].[redacted]@[redacted]com
Cc: [redacted]; [redacted]
Subject: [redacted] Your driveway [redacted],  Just
want to recap a discussion I had with your husband yesterday regarding your
driveway. As you both are aware there is no warranty for driveways as Kay
builders cannot predict ground movement or settlement. Kay builders does come
back and assist customers who have experienced ground settlement.  As
I said yesterday I recommend adding stone to the area of the driveway that has
settled. We should leave the ground continue to settle naturally and begin
repairs in the spring. I
will continue to monitor the driveway and add more stone as it continues to
move to make sure you can still use the driveway.I
appreciate your patience and understanding in this matter. RegardsDavid
F[redacted] VP-
Operations

Kay Builders is sorry that the Customer remains in disagreement with our responses.The regulation for fencing requires fencing to be set back one foot minimum.  Can be more, but one foot is minimum. Customer should have inquired and requested, as to requirements, from the Township, before installation of a fence. Plot plans provided to the Customer at time of closing, call out dimensions indicating location of the property line, in relation to the house foundation. Regarding new construction at the neighboring property.  There is no regulation for landscape rock.  However, Kay Builders installed landscape rock set back off the property line. Kay Builders offer remains to install weed block fabric, with river rock on top to be installed between the properties.  By doing so will eliminate the need for lawn mowing in that area. Because the homeowners fence is restricting access to the rear of their property.  There is nothing Kay Builders can do to facilitate customer’s ability to roll a mower to the rear of the property without crossing a neighboring property. If the Customer chooses to move their fencing, Kay Builders, as a courtesy will offer to repair the grade and lawn affected in that area.