Davis Homes, Inc

Review: One of the major problems in dealing with [redacted] Homes is the lack of communication. It's difficult to get a hold of [redacted] or [redacted]. They rarely returned phone calls. Most of the communication was through e-mail.After signing a contract agreement, we noticed that our house square footage was below the allowed amount by the HOA. We had to notify [redacted] Homes of this issue and variance from the HOA was denied. This resulted in additional charges to our original price agreement, we had to sign an addendum, even though it was their error. In the contract we were told a linen closet would be included in our new home. Only after the fact were we told that this was not possible- framing for the house was about finished. We selected a paint color at the specified store and filled out the proper paperwork but, because this color was not emailed to [redacted], they chose a white color. [redacted] Homes wouldn't paint over the color without an additional charge and could delay closing time. At our final walk through it was apparent that the added plumbing in the basement was not ideal for a bathroom in the future, we were not given a choice to where this plumbing was located. Our washer and dryer hookups sit directly across from where a toilet is to be put in, and the bath drain is right next to the furnace. It will be very difficult to utilize this set up without further renovations. We were only provided a rough pencil drawing of what our basement would be and even that took months to get. Whenever a problem arose with our house during the 1 year warranty period, they told us that we had to contact and schedule appointments with the contractors ourselves. They didn't take responsibility in taking care of the repairs. When we set up times with the contractors they would either cancel or not show up. Then when they finally did we were told that they didn't do that work [redacted] did, and he needed to fix it, ultimately resulting in numerous runarounds. We are still waiting on repairs 6 months later.Desired Settlement: We would like the repairs (gaps in the laminate floor fixed, top trim added to the bedroom door, hole in porch fixed, crack in basement floor sealed.) We are upset about the plumbing configuration in the basement, however, I doubt anything can be done to fix that.

Business

Response:

RE: Complaint # 9501522 To Whom it may concern:

I am [redacted] Davis, Representative for Davis Homes, Inc. regarding the complaint filed by [redacted] and [redacted]. I am also the person who was in direct contact with either the [redacted]'s or their REALTOR during the entire process of building the home referenced to in this complaint. I would like to utilize this letter to address each and every item of concern in their complaint as well as reference to the attached full email conversations between myself and the [redacted]'s, or myself and their REALTOR, etc.

The parties involved are defined as follows:

[redacted] Davis - Davis Homes, Inc. (builder) Director of Marketing/client Relations [redacted] and [redacted]- Homeowner [redacted]- [redacted]'s REALTOR

[redacted] Davis - Davis Homes, Inc.'s REALTOR; also hired as a Subcontractor by Davis Homes, Inc. (performed work as subcontractor on [redacted]'s house)

Lack of Communication:

As you can see by the attached email conversations, there is an abundance of communication going on at all stages of the building process. The claim that I was not in communication is a false statement and is proven untrue by the emails and obvious energetic and pleased responses by [redacted].

Most of the communication was through email:

The very first time we met with the [redacted]'s, we explained how important it was to communicate via email since there were so many parties involved ([redacted]'s and their

agent ([redacted]) and Davis Homes, Inc. and our agent ([redacted] Davis)). We explained that everyone needed to be kept in the loop of all communication and the only way to do that was thru email. I did however, visit at length numerous times with [redacted] on the phone and then would have to answer the exact same questions in an email that she would send me just days later. We have always felt email communication was best so the homeowner can reference emails if they have similar questions arise.-- As you can see by the email chain I have provided, we were in constant communication throughout the entire process.

Square Footage discrepancy:

When we were purchasing this lot, we were told by [redacted] (owner of [redacted] and Associates Real Estate, also Partner in Northstar Development, LLC (owner of Subdivision where this home was to be built)) that the minimum square footage was 800 Sq. Feet. This was the first home of this size that we had built as we had just recently came up with a lower-end entry-level home. We designed the home at 808 sq feet which later we found out that the subdivision was requiring homes to have a minimum of 850 Sq. Feet. Since this home was sold on a "Home-show Special Pricing" we simply could not afford to expand the design and absorb the entire cost. Especially since they chose to put this design on a full basement which would then double the amount of added square footage. However, we gave the [redacted]'s the option to remove themselves from the contract and not build the home. What they conveniently left out of the complaint, is that when they decided to continue with the building process, the overall cost was only PARTIALLY absorbed by the [redacted]'s. Every party involved absorbed the expense. Which was figured on a cost plus labor only basis. Davis Homes, Inc. (builder), the developer and owner of the lot ([redacted]) and both real estate agents paid for the additional square footage. Every party involved came to the table to help in this situation.

The [redacted]'s agreed and signed the amendment.

Linen Closet:

Since this was the first time building this design, we thought that there would be room for a linen closet. Unfortunately as the framing progressed, there simply was not. We tried to figure out a way up until the framing was complete but it was simply impossible with such a small amount of square footage. We admitted this to the [redacted]'s and continued on with the build. At this point since it was in their contract that a linen closet would be provided, they could have re-negotiated or backed out of the build but again chose not to.

Paint color:

As you can see by the attached emails regarding paint color, I asked for the color very clearly and [redacted] responded to me with a "Basic White" in email. She never sent me anything other than that to go off of, so we painted it what they had asked for. [redacted] admitted not sending it to me and stated in her email "It's not a big deal". We never offered to re-paint the home because the conversation never led to them being unhappy with the color in which it was painted. It was never even brought up again after the initial conversation about it, as you can see by the email correspondence. As far as "not repainting it without an additional charge"... That was never even in a conversation, again as proven by the email conversations attached, therefore fabricated by the homeowner.

Added plumbing in the basement was not ideal for a bathroom in the future, we were not given a choice to where this plumbing was located. Our washer and dryer hookups sit directly across from where a toilet is to be put in, and the bath drain is right next to the furnace:

As you can see by the attached email correspondence between [redacted] and [redacted] ([redacted]'s agent) there were a number of attempts, urgent in matter, with the floor plan attached, that if the [redacted]'s had a change from what we had planned for the plumbing in the basement that they needed to let me know immediately. They had numerous opportunities to discuss this with me as well as they were given the exact time and date of when the plumbers would be there to do the rough-in. They never got back to us to change it and never showed up on site to tell us any differently. The emails speak for themselves in this situation. Also, the rough-in was done prior to pouring the basement slab which we could have moved the plumbing if they had any changes even after the plumbing was complete. Unfortunately, During a FINAL walk-thru, it is completely out of our control to move plumbing pipes that are concreted in the ground. We gave the [redacted]'s numerous opportunities to tell us what they wanted. Therefore again, their story of "not given a choice of where the basement plumbing was to be located" is again another fabrication proven untrue by the attached emails

Whenever a problem arose with our house during the 1 year warranty period, they told us that we had to contact and schedule appointments with the contractors ourselves.

Davis Homes, Inc. employs a large number of Subcontractors on every job we do. I provide every single homeowner, that we build for, a subcontractor/supplier list for their convenience in contacting subcontractors in the future. I do this for a number of reasons. (1) Especially in [redacted]'s case where they had an unfinished basement. If they chose to finish it and if they chose to use the contractors that worked on their house, they could easily contact them. (2) if they needed additional paint, trim, flooring etc. they would know exactly who to call to get it. (3) For specific warranty issues, they can directly contact the subcontractor to schedule them coming in to their home. If I get involved in the beginning with the warranty scheduling there are dozens of phone calls made between the subs and I and then me trying to schedule with the homeowner, etc. It is far more efficient if the homeowner try to make the initial contact and then if they cannot get them scheduled, I get involved. However, as you can see clearly in the email conversations regarding this, I told them that if they needed assistance tracking down the subcontractors, to please let me know. As you can see by the emails, I was never told that there was a problem after [redacted] Davis (who was also a subcontractor in this job) went into their house. Not only did the [redacted]'s not let me know a problem existed, their agent did not as well. If I was not contacted as the problem exists, how am I supposed to know that the warranty issue was never resolved? I told them in the email that if they needed help to contact me. They never did. So therefore, I assumed that the issues had been resolved.

**Please also see attached email letter from [redacted] Davis explaining his side of this complaint as well. This will also help to clarify the situation that he was put in with the grossly

unclean condition, and clutter of the home when he went in and his correspondence with the [redacted]'s as well.

Remedy:

I fully believe that these are warranty issues that need to be addressed, with exception of the basement plumbing. We have absolutely no problem resolving these issues stated in the settlement section of this complaint, now that we are aware they still exist. However, we feel it imperative that the [redacted]'s provide us with a clean, healthy environment in which to do our work. If we feel this is hazardous to our health or the health of our subcontractors, we will not be able to complete the warranty items.

[redacted]I also request that as you read through the emails and proof of communication and you see that this complaint is not a legitimate complaint, that you completely remove this from your files. Davis Homes, Inc. has had a very strong solid reputation of building homes in the Helena area for over 38 years and we take pride in the business we have created. Since becoming a member of the Revdex.com, Davis Homes, Inc. has maintained an A+ rating throughout the entirety of our membership. I strongly urge you to throw out this complaint as one that is fabricated and untrue.

With deepest Regards,

[redacted]. [redacted] Davis Homes, Inc.

[redacted]@hotmail.com

###-###-####

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID 9501522, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

What needs to be fixed:

· Crack in the basement floor

sealed

· Gaps in the floor of the

bedroom and living room fixed

·

Trim added to the bedroom

door where is was forgotten

· Lastly it is not a

"crack in the wood" that is an issue with the porch but rather a

1"x1" section taken out as a builder's error and still used. We would

like this to be fixed as best as possible. (see attached picture)

We want the work done which was promised to be completed during

the warranty period. According to [redacted]'s statement he believes Davis Homes will

have the proper contractors fix these items, as far as I know he is the only

sub-contractor for these items. We called numerous sub-contractors, had appointments cancelled

and rescheduled only to be told they weren't responsible for the work, wasting everyone's time.

Regarding [redacted]'s initial assessment in November:

· Via email [redacted] was asked to

call us, which he did and cancelled his appointments twice. These cancellations

occurred at last minute.

· The day [redacted] did show up I

was called and told he was in the area and would be at my home in 5 minutes. He

asked if I was ok with that. I was not going to miss the opportunity since we

had already been waiting months.

·

I showed him everything

that needed fixing and I recall telling him before he left to notify me when he

knew he could make it to fix these issues after the holidays, I did not want to

deal with cancellations again. [redacted] knows I stay at home most the time and my

schedule is flexible. He did not mention anything about cleaning only that my

Christmas tree needed to be moved.

·

By the end of February [redacted]

had not called, so I called and left a voicemail March 4, 2013 at 2:42 pm

asking when he planned on coming over as we had discussed in November. I never

got a response, I can provide a phone record if necessary.

As far as the condition of the house:

· It was never mentioned, in

person, email or by phone that our house seemed unsafe or unsanitary to work

in.

· [redacted] cancelled on me twice

where I had the basement "cleaned up" and the stairs vacuumed, we

have pets as well as a toddler, cleaning my unfinished basement is not a top

priority. And I assure you there is NO animal urine in our home, but yes

there was some litter on the basement

floor where the litter boxes are kept.

· Since we purchased the

house we have had plumbing, air conditioning, painting and had a second opinion

on the floor from the flooring company as well as a representative coming in

from the flooring manufacturer, these contractors did not have issues with condition

of my home.

Issues during building:

As far as the issues that occurred prior to signing the title for

the house, there is a lot of information missing, such as concerns expressed in

person and over the phone. It is obvious there is nothing that can be done at

this time for the basement plumbing as it is not in the warranty work. These

examples were used to show how difficult it was to communicate with the company

during the building process and that this lack of communication is not an

isolated incident.

[redacted] was contacted in October (see email in attachment) because things were not

getting done by the sub-contractors. She knew we were having trouble with the subcontractors. At this

point she should have done something to ensure that the task was completed. A

simple follow up call from her to [redacted] would have solved this. [redacted] knew he did not do the

work, and as a subcontractor with Davis Homes he should have made them aware of

the situation being "a health hazard" knowing both company's reputations

were on the line if the work was not completed. And us the home owners should

have been made aware that they did not find the house safe, because again we

have had others do work in the same area with no complaint or trouble and were

not aware of any issue.

This complaint should not be removed as it is valid, the warranty

work was not done as promised and it has been 8 months since they were made

aware of the issues and still have not fixed them.

Also attached are photos of some of the issues themselves. After

talking with [redacted], and the flooring people I am aware of the way to fix the

minor gaps (no photos of these), however the huge gaps [redacted] agreed were

unacceptable and should be fixed (see photos). Because it is such a small piece

of laminate used by the wall I was told by [redacted] it needs to be glued or it will

just keep coming off and he would be more than willing to do that for me, as well as sealing the crack in the basement floor.

It is unfortunate that we had to go to such lengths to get such

small matters taken care of and as us as customers are made to feel like we are

to blame.

Regards,

Business

Response:

In response to the rejection:

As stated in my response to the [redacted]'s original complaint, we have agreed to fix the minor issues still outstanding with their home, now that we are aware they still exist. How this doesn't resolve their complaint is beyond me.

By reading this section of their complaint, it appears that the [redacted]'s main complaint is with the subcontractor, [redacted] Davis and not with Davis Homes, Inc.

I have reviewed ALL of my emails, and cannot find the one they are referencing to in October. I do sincerely apologize as I simply cannot find it. Whether I accidently deleted it or it went into my junk mail, I do not know. However, one email in October regarding this issue and then not another one until a complaint to the Revdex.com is pretty poor communication on the [redacted]'s behalf. After [redacted] went out in November, I did not know these items had not been completed. It was up to the [redacted]'s to email me and let me know I needed to get involved.

We run a very busy business. On each given job there are approximately 20 subcontractors employed. If there is an issue and I am told the Subcontractor has been out to address it; unless I hear otherwise from the homeowner, I do not know that it wasn't taken care of. A simple email in November/December from the [redacted]'s to let me know it was not done would have let me know I needed to step in.

Regardless of the claim to non-communication during the build, I still stand firm and believe that I did my job in communicating with the Fergusson's. There is only so much communicating you can do during a build process and I feel (proven by the emails) that I adequately communicated with them. I still also believe with as much false information that was conveyed in the original complaint that this complaint should be deemed invalid and it was up to the [redacted]'s to contact me VIA EMAIL as I requested time and time again, and allowing us time to get involved.

Regarding the condition of the home:

This was very clearly stated by [redacted] Davis to me recently and in his letter... This was also never brought to the homeowners attention due to the fact of it being rude to address it to them.

AGAIN, we will take care of the issues. They just need to provide a clean environment for us to work in.

Regards,

Consumer

Response:

I have reviewed the response made by the business

in reference to complaint ID 9501522, and find that this resolution is

satisfactory to me.

I ask that Davis Homes completes the work by June 30,

2013, and that they contact us via phone and email of when they plan on doing

this work. It is their busy season so I would like to work around their schedule versus

ours. I need at least 72 hours notice to adjust my schedule accordingly

as well as move the necessary furniture out of the way before their arrival so

they can make the most of their time. Last minute show-ups will not be accepted

and cancellations will not be taken lightly, especially if I ended up taking

time off work to be there.

Lastly our house is and always has been a safe work

environment. If Davis Homes or their subcontractor(s) feel otherwise they need

to find someone else who will do the work, or show us exactly what their problem

is with the home conditions. There were many different ways they could have gone

about expressing their concern for the homes cleanliness the first time,

including telling our real estate agent, who all parties have clearly been in

contact with during this process. Not telling us was unprofessional, as well as

not being understanding that in fact it was a very last minute request to show

up, and we don't live as badly as it was stated. I'm sure when their

subcontractor(s) show up to fix the problems they will see how our house is

usually kept and will not have any issues working in it.

I will wait to be contacted by Davis Homes or their

subcontractor(s) by email and phone, if things are not completed by June 30, 2013 we will

re-contact the Revdex.com.

Regards,