Don Belman Homes, Inc.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.First off, I'm appalled by this response - it's an outright lie by *** ***The phone conversation he refers to where he explains how everything was built per, plan/code, also involved his acceptance of the fact that he never brought to our attention that putting said stairs to the basement could adversely affect the function of the garage (being able to park two cars w/o issue)His excuse was something to the effect that sometimes things are 'forgotten' during the sales processSo, why would we even think about altering the plans to resolve this problem (an unknown to us the customer) - more importantly, during our phone conversation I told *** that had he brought this to our attention we would have removed the stairs altogether.
Regards,
*** ***

*** and *** *** met with *** ***
several times to work on home plans and design changes for their potential new
home The ***'s requested to add stairs from the garage to the
basement on their original home proposal. The Goretcke's were advised at
the time that the garage stairs would take up additional garage space and many
clients who do that change make the garage larger as a result The
***'s declined to make the garage larger at that time as they were close
to their budget they set forth on the project Several more changes were
made to the home and the proposal before they agreed on the changes to the
home that were subsequently incorporated into the Building Construction
Agreement signed by the ***'s on 9/30/13. The ***'s signed
a building contract and then the plans were drawn to reflect their changes
The ***'s were then emailed a complete copy of their home plans for
review on 10/19/that they could review at their leisure The garage
stairs and the wall adjacent to the stairs were reflected on their home plans
The ***'s were given opportunity to make changes or modifications to
the final drawings of their home which they did do The ***'s did
not, however, modify the garage at this time The ***'s called *** *** to come in to approve the home plans on 10/21/13. The homeowner
signed off on the plans on 10/21/ Copy of signed plan drawings are
attached The garage stairs and wall were included in the final plans
Throughout the building process the ***'s
made modifications to the home Belman Builders was very accommodating to
the client’s changes and requests to customize the home There were
twelve signed change orders on the home throughout the process Again the
garage, garage stairs, or wall were never modified from the original design the
homeowners approved
Our construction expeditor *** *** was not
informed of the ***'s concern until after the customer had signed off on
the final on site walk-through inspection, closed on the sale of their home and
moved in *** met with the homeowners and discussed their concern
At that time *** verified that the garage and stairs were built per the
signed construction plans and State Building Code The home was also inspected
and approved for occupancy by the local building inspector We have
no way of knowing how the homeowner plans to utilize the garage after they
occupy the home The fact that the garage is too tight for his vehicles
is self inflicted on his part due to his adding of the garage stairsThe
"Major Flaw" as the ***'s described in his remarks was due to
their own design request and as we have demonstrated they had ample
opportunities to make modifications to the home The ***'s then
called *** *** and discussed the issue and *** confirmed that the home
was built per code, per signed plans, and they were given the opportunity to
review the plans as well as make changes to the plans prior to approving them
Belman Builders did inform the ***'s multiple times that we were
sorry they were displeased with the design but there was nothing that we could
do at this point with the home already built per their approval
The wall cannot be moved or removed and is still
in compliance with the State Building Code
Belman Builders has fully upheld our contractual
obligations to the ***'s and built the home per the signed plans and State
Building Code
Thank you for the opportunity to address this
manner
Sincerely,
Belman Builders, Inc

We are sorry to hear the [redacted]'s are unsatisfied with their garage in their home.  We feel this is a personal concern that arose after the homeowner moved into the home and cannot be resolved without major remodeling, nor should it be necessary as Belman Builders has completed our written contractual obligations with the [redacted]'s in full.  We are required to build the home per the signed plans, specifications, and Building Construction Contract with the consumer.  (We have provided copies of the fully signed construction plans and have attached additional signed documentation)  Belman Builders has built the [redacted]'s a beautiful home in compliance with the homeowner's signed/approved plans, the State Building Code and have meet or exceeded the Industry Standards as set forth by the Metropolitan Builders Association.  We would like to re-iterate that the customer had opportunities and took advantage of modifying the home throughout the both the design and building process, and ultimately must be responsible for the documents that they approve.  Signed construction plans are our basis for how the home is built.  Per section 27 of the buyer's Signed Building Construction Agreement it reads "The Parties acknowledge that earlier drafts of the HOME designs and features included in the Builders Models or sales literature, but not identified in this AGREEMENT, shall not be of any force or effect.  The PARTIES agree that the plans and specifications attached to this AGREEMENT, and initialed by the PARTIES, are the final plans and specifications from which the HOME will be constructed.  In the event of any discrepancy, the initialed plans and specifications take precedent over any other documents."  Since there is no conflict with our documents and the home is built to the signed plans we would kindly ask that the Revdex.com close this case as we have completed our contractual obligations in full.  Thank you for your consideration in the matter.Belman Builders, Inc.

Review: Upon completion of our home we discovered that our two car garage would only allow for one car. The builder/architect placed a security wall alongside the stairwell to the basement way too far into the garage preventing two cars from being able to park. We were told by the expediter that the architect failed to recognize that this wall was improperly placed as the garage door was not able to be installed without modifying said wall. This wall was modified to allow for the door to be installed however, the parking of two cars was never taken into account. We learned of this major flaw after moving into the home. I contacted [redacted] to rectify this flaw and was told that they would do absolutely nothing to resolve the problem.Desired Settlement: We would like the builder to accept this as their fault and correct the flaw by redesigning the security wall.

Business

Response:

[redacted] and [redacted] met with [redacted]

several times to work on home plans and design changes for their potential new

home. The [redacted]'s requested to add stairs from the garage to the

basement on their original home proposal. The Goretcke's were advised at

the time that the garage stairs would take up additional garage space and many

clients who do that change make the garage larger as a result. The

[redacted]'s declined to make the garage larger at that time as they were close

to their budget they set forth on the project. Several more changes were

made to the home and the proposal before they agreed on the 37 changes to the

home that were subsequently incorporated into the Building Construction

Agreement signed by the [redacted]'s on 9/30/13. The [redacted]'s signed

a building contract and then the plans were drawn to reflect their changes.

The [redacted]'s were then emailed a complete copy of their home plans for

review on 10/19/13 that they could review at their leisure. The garage

stairs and the wall adjacent to the stairs were reflected on their home plans.

The [redacted]'s were given opportunity to make changes or modifications to

the final drawings of their home which they did do. The [redacted]'s did

not, however, modify the garage at this time. The [redacted]'s called [redacted] to come in to approve the home plans on 10/21/13. The homeowner

signed off on the plans on 10/21/13. Copy of signed plan drawings are

attached. The garage stairs and wall were included in the final plans.

Throughout the building process the [redacted]'s

made modifications to the home. Belman Builders was very accommodating to

the client’s changes and requests to customize the home. There were

twelve signed change orders on the home throughout the process. Again the

garage, garage stairs, or wall were never modified from the original design the

homeowners approved.

Our construction expeditor [redacted] was not

informed of the [redacted]'s concern until after the customer had signed off on

the final on site walk-through inspection, closed on the sale of their home and

moved in. [redacted] met with the homeowners and discussed their concern.

At that time [redacted] verified that the garage and stairs were built per the

signed construction plans and State Building Code. The home was also inspected

and approved for occupancy by the local building inspector. We have

no way of knowing how the homeowner plans to utilize the garage after they

occupy the home. The fact that the garage is too tight for his vehicles

is self inflicted on his part due to his adding of the garage stairs. The

"Major Flaw" as the [redacted]'s described in his remarks was due to

their own design request and as we have demonstrated they had ample

opportunities to make modifications to the home. The [redacted]'s then

called [redacted] and discussed the issue and [redacted] confirmed that the home

was built per code, per signed plans, and they were given the opportunity to

review the plans as well as make changes to the plans prior to approving them.

Belman Builders did inform the [redacted]'s multiple times that we were

sorry they were displeased with the design but there was nothing that we could

do at this point with the home already built per their approval.

The wall cannot be moved or removed and is still

in compliance with the State Building Code.

Belman Builders has fully upheld our contractual

obligations to the [redacted]'s and built the home per the signed plans and State

Building Code.

Thank you for the opportunity to address this

manner.

Sincerely,

Belman Builders, Inc.

Consumer

Response:

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.First off, I'm appalled by this response - it's an outright lie by [redacted]. The phone conversation he refers to where he explains how everything was built per, plan/code, also involved his acceptance of the fact that he never brought to our attention that putting said stairs to the basement could adversely affect the function of the garage (being able to park two cars w/o issue). His excuse was something to the effect that sometimes things are 'forgotten' during the sales process. So, why would we even think about altering the plans to resolve this problem (an unknown to us the customer) - more importantly, during our phone conversation I told [redacted] that had he brought this to our attention we would have removed the stairs altogether.

Regards,

Business

Response:

We are sorry to hear the [redacted]'s are unsatisfied with their garage in their home. We feel this is a personal concern that arose after the homeowner moved into the home and cannot be resolved without major remodeling, nor should it be necessary as Belman Builders has completed our written contractual obligations with the [redacted]'s in full. We are required to build the home per the signed plans, specifications, and Building Construction Contract with the consumer. (We have provided copies of the fully signed construction plans and have attached additional signed documentation) Belman Builders has built the [redacted]'s a beautiful home in compliance with the homeowner's signed/approved plans, the State Building Code and have meet or exceeded the Industry Standards as set forth by the Metropolitan Builders Association.