Eagle Construction of VA.

Review: I purchased a 3 story town home with a rooftop deck on the 4th floor in Dec 2013 from Eagle Constructions. They have a 1 year warranty on repairs/damage for interior/exterior and 10 year construction warranty. After living for 1.5 years, I noticed a leak in one of my spare bedroom windows on the 3rd floor. The leak got significantly worse (gallons of water) causing major interior damages, not only by the bedroom window but also to the 2nd floor in the living room. The wood flooring in the living room buckled. The leak was coming from the rooftop deck. Eagle said this is the responsibility of HOA because it is an exterior problem. A contractor came out and took a look at the rooftop drain and saw a "construction defect". Contractor took some pictures. There was also a repair that was done post construction and before I closed on the home since I was not aware or informed of any repairs. Contractor thought they fixed the problem when they first came out but did not, continuing with gallons of water leak into my home. Finally after couple of visits, they fixed the exterior leak. I contacted Eagle about construction issue and said it's out of 1 year warranty so they will not take responsibility. But the interior damage was caused by the construction defect which they do have a warranty for. I gave them multiple opportunities and time to do the right thing. Finally, I informed them that I will contact Revdex.com and a management decided to do a "courtesy" inspection after the fix. They made a report with pictures and cover page picture was of my next door neighbor's rooftop! They said they saw no construction negligence. I had to pay to repair the interior damages. I thought this was an unique case but it turns out there are many residents dealing with this issue and apparently Eagle is aware of the faulty construction and design, yet they are not doing anything about this. This is morally and ethically wrong.Desired Settlement: - I expect Eagle Constructions to pay me back for the repairs for the interior damages.

- In addition, Eagle Constructions needs to take the responsibility to inform the homeowners of the poor construction and design, and check/repair every home for any possible construction defect. This is not just about me anymore but for all the homeowners.

Business

Response:

Thank you

for notifying Eagle Construction of your concerns related to a leak that occurred in your home. First let me reiterate that we care very much

about our Homeowner’s experience and we pride ourselves in providing a high

level of service to every one of our Homeowners. We know it can be

frustrating as a Homeowner to not understand the warranty obligations of the builder and maintenance obligations of the Homeowner and HOA. As part of

our response, we thought it would be important to explain how we got

here. The following is a timeline of events that have occurred since you

moved into your new home.December 6, 2013 – New Home Settlement DateMarch 17, 2014 – 90 Day Warranty List received from Homeowner. No items listed identified any water leak issues.November 22, 2014 – Year End Warranty List received from Homeowner. No items listed identified any water leak issues.September 17, 2015 – Email received from Homeowner notifying Eagle of a leak that occurred in their home. We provided an immediate response and asked the Homeowner to contact the Homeowner’s Association since this issue was outside of the warranty period and now considered a HOA maintenance issue.September 30, 2015 – Provided Homeowner with a secondary response. “I am so sorry you are experiencing this leak. I know it is difficult to deal with and I completely understand your concern. I have reviewed your request and the pictures with a few different people here both on the construction and the warranty sides. It sounds like the HOA is taking care of your issue today. The scuppers were well tested by time and the leak had not occurred until almost two years of occupation, so we do not believe it to be an issue that was left undone at closing because the leak would have shown up immediately. With the recent severe storms locally we believe that this recent leak occurrence may have exposed an area of homeowner maintenance that should be addressed by either the HOA or the homeowner. Since we are unable to assist you with the actual cause of the leak, I would like to offer you to assist you with getting builder’s pricing for repairs to your interior as I am able. Please let me know if I can help with this in any way.”October 13, 2015 – Provided an additional response to the Homeowner. “We appreciate the information that you have provided from the HOA, but seals can fail and that does not mean there was construction negligence. We are not in a position at this point to offer services since you are outside of the warranty period and based on the pictures, this is not construction negligence. My upper management has decided to evaluate your situation, so I will have Mark R[redacted] take a look at the circumstances at the exterior of your home in the next 10 days.”November 5, 2015 – Following a courtesy inspection of the home, we came to the following conclusion: We were unable to make assessments of some areas due to HOA work on that area. There are several areas of maintenance that require annual attention; but no construction negligence was found.Scuppers need annual inspections for sealant needs, debris, leaves, etc. may become clogged, and can cause water to back up into scupper and not drain as intended. Recommend cleaning out scuppers annually. - Appears Duradek needs more regular cleaning to maintain product surface. Dirt accumulating in seams can create opportunity for leakage. - Sealant joints must be maintained. Winter and Summer stresses materials and causes movement; creating voids that need annual maintenance. - All caulk seals will expand and contract in Hot & Cold Weather Conditions. These need to be maintained annually. Weld seams will need annual inspection to ensure they remain intact.Eagle

Construction Homeowner Warranty (From Settlement Date):ONE YEAR COVERAGE: Warrantor warrants that for a period of one (1) year after the Effective Date Of Warranty, warranted items will function and operate as presented under the heading "Caring For Your Home" in the Eagle Home Owner's Manual. Coverage is ONLY available to address specific Standards and Actions are discussed in this Limited Warranty.TWO YEAR COVERAGE: Warrantor warrants that for a period of two (2) years from the Effective Date Of Warranty, specified portions of the heating, cooling, electrical and plumbing systems, as defined in this Limited Warranty, will function and operate as presented in the Warranty Standards of Years 1 and 2 only, presented under the heading "Caring For Your Home" in the Eagle Home Owner's Manual.TEN YEAR COVERAGE: Major Structural Defects (MSD) are warranted for ten (10) years from the Effective Date of Warranty.All of the following conditions must be met to constitute a Major Structural Defect ("MSD"): - physical damage to one or more Load-bearing Segment of the home; - causing the failure of the specific major structural components; and - which affects its load-bearing function to the degree that it materially affects the physical safety of the occupants of the home.Examples of non-load-bearing elements deemed not to have Major Structural Defect potential: - non-load-bearing partitions and walls; - wall tile or paper, etc.; - plaster, lath or drywall; - flooring and sub flooring material; - brick, stucco, stone or veneer; - any type of exterior siding; - roof shingles, sheathing and tar paper; - heating, cooling, ventilating, plumbing, electrical and mechanical systems; - appliances, fixtures or items of equipment; and - doors, trim, cabinets, hardware, insulation, paint and stainsBased on the

information provided, the initial warranty request fell outside of the warranty period. Since it’s not considered a structural issue, it would

not be covered under warranty beyond the first year. In previous

conversations, we offered to provide you with a direct contact with our trade

partners who can help you fix the effects of the leak. Furthermore, we

can offer this service at builder level pricing. Finally, we are in the

process of providing the West Broad Village HOA with our recommendations for maintaining

the homes going forward. We sincerely hope that this response answers your

questions.

Consumer

Response:

I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

Initially I thought this was an unique situation until recently I have learned from multiple residents that they are having this leak issue. I also have been made aware that Eagle is aware of the faulty rooftop design and construction causing leaks in multiple homes. I believe they are fighting with their contractor. If they are aware of the issue, they need to investigate all homes with rooftops and fix any necessary repairs. It is morally and ethically wrong to ignore the issues that they are aware of. In addition, one of my neighbors also experienced a leak in her second year of owning her home. Eagle did the right thing and fixed the leak, ensure that there was no mold or moisture in the home (used the moisture meter), and repaired the interior damage. Why am I being treated differently?I have attached the pictures that were provided by the contractor before the fix showing the damage and repair work that was done post construction and before I closed on my home. I was not aware of this work.Here is also some of the email conversation showing the communication. Sept 30, 2015Hello [redacted],I'm not sure if HOA

has contacted you with the findings of the significant water leak at my house

but I was recommended to contact Eagle Construction as well. I'm not sure if I

should be emailing someone else about this and if so please let me know.The water leak is not

resolved. A contractor from

[redacted] ([redacted]) has come out to take a look at the leak last Wednesday

(9/23) and found that there was a significant hole which also had incomplete

maintenance work. He asked if anything has been done since I bought the house

and there hasn't been. This was a damage and issue that was there before I

purchased the home and I was not aware of this issue. Eagle Construction is a

reputable company and this is definitely not up to the craftsmanship and

standards of Eagle Constructions which is affecting the foundation of the

home. [redacted] thought he was

able to fix the issue but unfortunately, that was not the case.I have been away for

the last week and came home to find the leak last night, again on the 2nd and

3rd floor of the house. This water leak has significantly damaged inside of my

home home, including the wall, ceiling, floor, and windows. I can feel the

wooden floor buckling as well. Significant repairs will also be necessary

inside my home and I hope that this will be taken care of as as soon as the

leak is repaired. I'm afraid there may be mold growing in the floor, ceiling,

and wall that is reducing the strength of the foundation of the building which

can ultimately affect my neighbors' homes as well.Another contractor is

supposed to come in today to hopefully fix the leak. With the strong storm

coming in this week and rainy week, if this is not taken care of today, I'm

afraid the damage will be so much more. Please let me know if

I should be contacting someone else on this urgent matter.I have contacted HOA

and waiting to hear back as well.Thank you very much.[redacted]Sept 30, 2015Please take a look at the

pictures that [redacted] has sent.Thank you.Sept 30, 2015Hi [redacted],Thank you for your email.According to [redacted], there was

a maintenance job that was done during the construction or post construction

but before my closing day because I had no maintenance job done after I have

moved in for that area. He said that that was one of the major issues that

caused this leak. In addition, speaking with the contractors who have dealt

with multiple major leaks like I have, leaks do not just happen right away. If

there is a poor construction and sealing, the water will find its way and

gradually always go there and only over time will the leak start appearing

inside the home. The leak was likely there the whole time and gradually started

affecting the sealing toward the interior of the house and eventually came

inside the house. I noticed the first leak in June.This is very unfortunate and

stressful and I truly believe that Eagle Construction is very good with what

they do and I speak highly of the company. No one is perfect and I have not

heard of other Eagle townhomes having this issue, which means that my case is

very unique and unlucky that the construction was not up to Eagle

Construction's high standards. I do not know the protocol for this type of

situation between the builder's company and HOA but I don't think this severe

of an issue is something to deal with after 1.5 years as a new homeowner. HOA has been very kind and helpful.

They have hired contractors to work on my house right now. Because this is a

severe leak, contractors have already noticed that in order to completely and

permanently fix the issue, the walls would likely need to come out which will

be difficult to do with the bad weather this week so it would need to be taken

care of when the weather improves. Then the interior of the house would need to

be fixed.I will continue to work with HOA and

will be in touch if they will not be able to cover the repairs to the interior

of the house.[redacted]Oct 13, 2015Dear [redacted],I wanted to follow up

with you in regards to the damage repair for the interior of my house.I understand that HOA

has been in contact with Eagle in regards to this as well. I have [redacted]

scheduled to come in tomorrow to permanently repair the damage for the exterior

of the house.I would like to have

the interior of the house repaired soon as well.Has there been any

additional discussion for covering the damage to the interior of my house?Thank you.[redacted]Oct 13, 2015Good Morning,Thank you for your email. I have not received any word from the

HOA, do you know who at Eagle they have been in contact with?Thank You! [redacted]Oct 13, 2015Hello again [redacted],I just spoke with

Ms.[redacted] from HOA and she shared with me that you were the point of

contact from Eagle.I hope that I have

completely understand the situation correctly.I plan to get a

contractor to make the assessment of the damage and will share the information

with you. Since the interior damage was due to a construction defect (and there

was also a maintenance job that was done in the same area before my closing

date that I was not aware of), Eagle will also cover the repair for the damage

to the interior of my house. Eagle Construction is

a reputable company and known for its craftsmanship so this was an unfortunate

and unique incident. This has been a frustrating experience and I don't want to

have to be placed in a position to place a complaint to Revdex.com

so I hope that I have understand it correctly that Eagle will cover the repair

to the damage for the interior of the house.Have I understand this

correctly?Thank you.[redacted]Oct 13, 2015Hi [redacted],Eagle is not offering to repair the work for you; the home is

out of warranty. You would need to get contractors of your choice to

perform the work and the homeowner’s insurance policy would cover the cost of

interior repairs. If you choose to use Eagle contractors, I will do my best to

get builders pricing for you. I hope that makes sense!Kindest Regards, [redacted] A[redacted]Oct 13, 2015Hi [redacted],We appreciate the information that you have provided from the

HOA, but seals can fail and that does not mean there was construction

negligence. We are not in a position at this point to offer services since you

are outside of the warranty period and based on the pictures, this is not

construction negligence.My upper management has decided to evaluate your situation,

so I will have Mark Rainey take a look at the circumstances at the

exterior of your home in the next 10 days.Kindest Regards, [redacted] A[redacted]Nov 5, 2015Hello [redacted],Could I please get an

update on the report?Thank you.[redacted]Nov 5, 2015Hi [redacted],Attached is the requested report. We were unable to make

assessments of some areas due to HOA work on that area. There are several areas

of maintenance that require annual attention; but no construction negligence

was found.Kindest Regards, [redacted] AdamsNov 6, 2015 (last communication – no response from Eagle)Hello [redacted],Thank you for the

report but this does not assess what needed to be assessed.First, the first page

of the report shows pictures from my next door neighbor and it's not even my

rooftop.Second page seems to

show that it's at my house but I cannot tell for the last page.The final page shows

that the weld seams are tight. However, this is after it has been fixed by the

contractor and this was the area that was in question. In addition, I cannot

tell if picture of the drain is correct one to be inspected. Facing the rooftop

from the back, the drain in question was the right one. The report should have

included the pictures from [redacted] that I have shared with you before the

fix. I have attached these four pictures again but please let me know if they

did not attach correctly.Based on these pictures,

[redacted] had indicated that there was a poor maintenance job that was done

after the construction. However, as I have indicated that I was not aware of

any maintenance job in this area which means it was done post construction and

before my closing date.I am very disappointed

in the outcome of this situation. [redacted]

Regards,