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We stand firm behind our position as stated in our email to you yesterday, June 21, We strongly advise the owner to pursue a dispute resolution claim with their warranty company, ***, should they not agree with our position Thank you,
*** ***
*** *** ***

Here are my responses 1) Statement: “I find it bewildering that your engineers provided professional opinions stating there is a limited amount of movement, all which is caused by the soilAnd they based this opinion on looking at a crack monitor? a. Answer: The photographs of the crack monitor and the current position are indicator that the crack has only experienced a very small amount of cyclic movement since the monitor was installedCracks in cementitious materials form perpendicular to tension fieldsTension fields form parallel to the direction of the forceThe direction of the force is parallel to the direction of movementIt is common for engineers to thus look at locations with cracking to provide clues regarding what is causing the movement and the force2) Statements: “1) Neither engineer took the time to shoot building elevations with an engineer’s levelWhy.”; “2) Neither engineer commented on the benchmark pins that were installed by a professional surveyorWhy?”; “3) Neither engineer commented on the potential for cut and fill soils as suspected based on Steve V***’s report and the CAGIS data from and Why?” a. Answer: These two questions are related and have the same answerWhen performing a forensic investigation it is typical to move from the least invasive and least difficult to the most invasive and most difficult based on what information the available evidence providesIn my professional opinion I was able to draw relevant conclusions based on the crack patterns and the photograph of the crack monitor reflecting a previous positionThis process is analogous to medical doctors performing enough testing to determine a diagnosisOnce they are confident on their diagnosis they stop testingIn this case the cracking told me all I needed to know about the movement of the building and I saw no need to go to the level of precision that surveying equipment providesSurvey equipment would only have told me the magnitude of the movementIt would not have given me any clues regarding present movement or movement historyThe crack monitor actually provides that information3) Statements: “Jeremiah C***’s report rambled on about the soil testing and he did no state that he acquired any former soil data for this propertyWhy?”; “Jeremiah C*** Clearly states that he reviewed the report from a “freelance building inspector.” So why then did he only comment on one photo? There were photos in Steve V***’s report.” a. Answer: These questions address different content, but have the same answerWhen performing a forensic investigation it is typical to move from the least invasive and least difficult to the most invasive and most difficult based on what information the available evidence providesIn my professional opinion I was able to draw relevant conclusions based on the crack patterns and the photograph of the crack monitor reflecting a previous positionThis process is analogous to medical doctors performing enough testing to determine a diagnosisOnce they are confident on their diagnosis they stop testingIn this case I did not see a need to have soil boring performed in order to determine the exact subsurface profileIt is actually not true that I only commented on one photograph from MrV***’s reportI actually duplicated photo’s #4, #8, #10, #(#is a duplicate) #and #as I perceived those photograph’s have relevance to the diagnosis and were important to my report4) Statements: “MrC*** is not a geo-tech engineer but his report contained mostly information about soilsShouldn’t his report be about elevations and benchmarks?” a. Answer: I have already addressed the concern about benchmarks in my response under #In regards to my statements regarding soils, I evaluate hundreds of homes a year for settlement issuesI have adequate experience and expertise to address the soil-foundation interactions in cases of this typeWhile my primary specialty is structural, I can provide serviceable geotechnical expertise in simple problems such as this one5) Statements: “MrC*** referenced on page that my parent’s home is a cast in place concrete foundationThen on page he states that shrink/swell soil settlement is most common in slab on grade buildingsThat makes no sense! Please explain!” a. Answer: The sentence prior to the slab on grade sentence states the following: “Buildings or portions of buildings with shallow foundations are more susceptible to shrinkage settlement than are buildings or portions of buildings with deeper foundations.” This is precisely the situation that exists at the rear of this homeThe following sentence regarding slab on grade homes was an extraneous typo and should be disregarded6) Statements: “MrC*** states on page of his report that he used accepted principles of structural engineering? Really? How is that possible if he didn’t shoot any elevations or attempt to get any prior soil information about the property?” a. Answer: I have already answered this in #and #aboveA further note that should be added, however, is that what constitutes the body of “accepted principles of structural (or geotechnical for that matter) engineering” is governed by engineersWith all respect to MrV*** and Ms***, neither are professional engineers and, without providing substantial documentation of their sources, are not qualified to determine what are and are not accepted principles of engineering7) Statements: “It is obvious that both Patrick K*** and Jeremiah C*** were directed by you…” a. This is an ethical charge that my judgement was compromised by your directionIn order for this accusation to be credibly made, the accuser needs to demonstrate that the available evidence both contradicts my conclusions and was patently ignoredIn this case, while I did dismiss some of the available evidence, the evidence that was ignored is either irrelevant (neither supporting nor contradicting my conclusions) or actually provides further support for my caseIn my opinion the relevant conclusions are that the building is not structurally compromised. Vic *** | VP of Construction M/I Homes of Cincinnati, LLC

M/I Homes, Indianapolis Division, has been in contact with Mr
***. The immediate roof repairs, to ensure protection from the
elements, have been completed. The original roofing contractor, Liebke
Roofing, will complete a hand seal the remaining portions of the shingles
within
the next days. In regards to the fixed glass window concern,
seal breaks allowing the internal gas to escape, will repaired through the
manufacturer (***) and coordinated by the M/I Customer Care
Department. It is our belief that Mr*** is satisfied with the
current status regarding his concerns

M/I Homes has and will continue to uphold its warranty obligations to the homeowner. With that said, based on our physical inspection on September 20, there was no evidence of a septic smell and we confirmed the stair squeaking had been repaired. Several
unrelated repairs are scheduled to take place in this home over the next few weeks. We will continue to work with the homeowner as any additional concerns arise

First, it is extremely unfortunate that issues like this manifest although it has always been our company’s top priority to provide a positive Customer Care Experience whenever possible.The complaint directed to your attention is somewhat correct although it does not outline the full detail of the
occurrencesThe concern regarding inadequate grading concern in was apparent and addressed at the area where the new phase of the development and the existing grade on our customers lot joinedThis concern was never questioned once it was presented and was resolved to the best of our knowledgeWe then were contacted once again, approximately a year and a half later, by the customer that contacted us originally regarding this grading and drainage concernOnce again, without any denial of responsibility, we found that the drain box that we had installed in this area in an effort to provide better drainage, was too high off the soils and was not performing as it was intended to doWe had this additional work performed and all seems to being performing as designed to this day.In approximately February of 2016, we were contacted once again by this same customer asking us to address a concern that was occurring approximately 50’-60’ further up into his yard towards the drivewayThis new area of concern was at a new location compared to the area we previously repaired twice beforeAs I met with our Field Supervisor, Professional Landscape Contractor and his crew, the issue at hand was that we found water attempting to drain under the sod and within the soil instead of flowing over the sod as expectedWhen we walked on this sodded area, the ground would move as if you were simulating walking on a waterbedAfter further investigation, it was found by our Professional Landscaper that there was a breech in the culvert pipe installed under the driveway, causing the drainage water to erode the soils and drain under the sod causing this concernAfter this finding, the customer was contacted and notified of the issue.The concerns presented are related to two different issuesOne of which we took full responsibility for and resolved without questionThe second is related to soil settlement which caused the culvert pipe to settle after six and a half years of home ownershipPer our warranty obligation and commitment, this concern is unfortunately not covered, becoming a homeowners maintenance responsibilityThese obligations and commitments are outlined in the warranty acknowledged by the two parties, builder and customer, at the time of agreement to enter into contract with a full purchase of the home.Once again, it is unfortunate that situations as this become concerns although the warranties provided are in an effort to protect all parties involved in an effort to resolve concerns such as this and their responsibilities.Cc; file

I reviewed the response made by the business in reference to complaint ID *** and find the resolution is satisfactory to meI will wait for them to repair the issue as they mentioned in September or October of this year.I appreciate your help.
Regards,
*** ***

This home closed roughly four years ago on 2/22/2013. At the time of closing the correct vents were installed. Those vents still today would meet industry standards, pass municipal inspections and meet applicable building codes. As is common in most industries, products do change over time and we are using a different kind of vent today. Our most current vent style has been in place for roughly the last +/- year. Even with the vent style we use today, our homes are not immune to the possibility of birds or rodents ultimately working their way inside. This is a relatively common occurrence nationally, as vent screening can create other problematic and dangerous issues when becoming plugged. In fact, vent screening of any type is illegal in some states. As a result, the downside is that occasionally rodents or birds can decide to take up residence inside the vents There are aftermarket vent covers/screens available, yet for liability reasons we don’t offer them. That would be something you would need to evaluate and add on your own if desired. They can be purchased on-line, Lowes, Home Depot, etc. The most current Builder’s Standards Guidelines, regarding this specific circumstance (attached), read as follows: Rodents in Exhaust Vents Observation: Rodents, birds or other animals invade exhaust ventsStandard: Rodents, birds or other animals on occasion invade exhaust vents, and are beyond the control of the builderBuilder’s Responsibility: None Homeowner’s Responsibility: This is a home maintenance item. Homeowner is responsible for clearing exhaust vents. We never enjoy telling a homeowner that something isn’t covered or is out of warranty. Unfortunately, that is the case in this circumstance

M/I Homes was not aware there was an issue with the drainage at this home. The customer care team has met with the homeowner, investigated the complaint and will respond per the terms of the warranty. Coordination of the "repairs" will be complete in the next couple of
weeks

All the facts are not toldOn December 29th, my wife, two dogs, and I waited outside of our home in degree weather, while construction workers sanded our ceilingsIt was not safe to go in the houseI spent two out of the three days of my vacation days waiting and watching construction workers worked on our houseOn December 28th, no one called me and said they would not be coming that dayI waited till 10:A.MNo phone callI had to call to find out what was going onNo communication from M/I homesPoor leadershipThis is not how I spend vacation daysI lost $ over three daysM/I homes should do the right thing and compensate me and my wifeAs of January 3rdOur ceiling in the living room still shows bulges in the living roomThe master bedroom still shows lines and bulges in the ceilingAgain, our property is the only property that is an eye sore when it rainsI talked to Kevin C***, *** ***I asked him to please put some colorful rock where it looks badThis would cost maybe $to $to fixCan the Revdex.com give me the CEO Of M/I homesHe needs to knowIf M/I homes is not willing to compensate me for my time off and fix our back, I will contact the Veterans Administration and right my congressmanI will go to every news station in the Charlotte area and show the home I boughtI did not buy a new home for 260,I bought a fixer ups homeLook at the other consumer complaintsThis tells you about how bad some of the homes are.*** *** ***

Complaint DetailsDate Filed: 9/8/2016Date Opened: 09/08/2016Date Closed: N/A Nature of the Complaint: Guarantee Or Warranty IssuesConsumer’s Original Complaint:M/i home
installs faulty/poor quality sprinkler systemsDuring first year of exploitation it failed timesThird time it end up costing me a whole backyard lawn deathUp to now M/I home fail to recognize its liability and do not stand behind their product qualityI am very disappointed about this dispute and will be forced to take legal actions against builder to protect my rights under new home one year builder warrantyConsumer’s Desired Resolution:M/I home to repair all damage to lawn caused by faulty sprinkler system

MI Homes will honor the request for refund of the deposit? from this homeowner.? A check request for the refund has been executed today.? ? Thanks

I am rejecting this response because:a) business states that issue with uneven heating and cooling is due to no windows treatments in the front rooms, please see the picture that proves that special thermal blinds and special thermal curtains are present in both front roomsThere are blinds in the master bedroom and that does not solve heating problems during winter season? b) business states that there is a problem with the house and I agree that overheating in the summer and freezing in winter could either be due to insulation issues or HVAC.? c) I do not want to be caught in between the M/I builder and HVAC fingerpointing, *** *** manually adjusted system for winter now and front rooms are now hot, they will come out one more time under warranty and manually re-adjust to summer but in the fall I will be freezing again in the master bedroom like last year*** *** has done exactly the same adjustments last fallThis is all done with manual dampers using $2000+ worth of equipmentI cannot perform this adjustment nor I should.? Bottomline either M/I fixes insulation in the front rooms and in master bedroom or *** *** upgrades HVAC systemI need a system that does what it is supposed to heat and cool evenly without seasonal manual adjustment, without overheated front rooms and freezing master bedroom.Regards,
*** ***

MI Homes is working direct with the customer to resolve any questions or concerns with respects to the executed sales agreement.? ? Thanks

I reviewed the response made by the business in reference to complaint ID ***, and find the resolution is satisfactory to me so long as all of the items are resolved on July 11th
Regards,
*** ***

The Raleigh Division has confirmed they are working directly with Mr*** to resolve his warranty claim.? Mr*** indicated that he was withdrawing his Revdex.com complaint accordingly.? Thanks

I would like to re-open and please communicate with the head office since Raleigh office is not initiating the fix.--? Thanks, [redacted]? [redacted]

Mrs***, In response to your request for a replacement tree at the public walk in your yard, our records indicated that no prior requests had been made to review or replace the tree during the warranty period.? Based on this timeline would have been between 12/27/and 12/27/2013, for the
warranty period.? Additionally no requests were made after the warranty period as well, until now.? The M/I Homes commitment regarding Shrubs and Trees is: “Shrubs and trees will be replaced only once should they die during your first year of ownership.”(Page of the Customer Care Manual)? We cannot guarantee the life of the plants and or trees outside of this time frame as the care, watering and maintenance of these items is that solely of the homeowner.? For this reason, we will not be replacing the requested treePlease let me know if you have any additional questions or concerns regarding this matter? Thank you, Joel P*** *** *** *** M/I Homes of Cincinnati

I am rejecting this response because:No work was accepted by anyone, that's another lie. When I was illegally prohibited by MI  from being IN MY HOME when MI and their crew were here I had a neighbor and my realtor present at varying times to protest my belongings as MI never stayed on site and left non- English speaking workers on the property unattended. My friend and realtor where her as a safety measure only.They never approved anything, they were simply on the premise to protect my belongings. They are not experts in any of the issues we have and in no way can they be accountable for the horrendous, horrible, poor work that MI and their crews have demonstrated time and time again.We continue to  have many unaddressed damages and negligence of many issues from MI.When MI refused to address the sinking staircase outside we removed several boards on the steps to uncover the reason why it was sinking. Oh boy- we found that they had covered up improper and unsafe construction of the staircase. There was no" damage to the foundation what-so-ever.Regards,
[redacted]

Here’s a copy of the contract of the new buyer.  All info related to the buyer has been redacted.  Sold on 11/29/17 and closed 12/28/17  David P[redacted]M/I Homes Tampa

The correct vent was available at the time of construction and was not used by the builder. It was not an evolution in the vent design as eluded to by the builder. I believe this was done to cut cost. In addition, these vents were installed as part of the roof and by the roofers, thus should fall under the roof warranty. Changing the vents will require roof work. MI Homes did not change the type of vent until I pointed out their deficiency. In addition, the initial complaint was filed with MI Homes in November of 2016, but was ignored. That date should be used in accordance with the roof warranty. By refusing to correct this issue, MI Homes is subjecting it's homeowners to potential mold issues and diseases caused by animals entering their homes. I still request that MI Homes replace the vents with the proper vents to prevent these problems.

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