G J Gardner Homes Adams County

Initial Business Response / [redacted] (1000, 6, 2015/12/23) */ [redacted] and/or [redacted] first contacted our office about building a home in late March of They were provided a quote dated 4/1/on a plan they had chosen for just over $433K including a $100,lotAt the time, the $100,for the lot was used as an estimate as the [redacted] 's had not contracted for a lotWhile the agents who were working with the [redacted] 's are no longer with GJ Gardner Homes - Adams County, they may have made the [redacted] s aware of the lot at [redacted] as GJ Gardner agents had done some co marketing efforts related to building a house at the propertyGJ Gardner, nor any of its agents, ever had the right or a listing to market that home siteAt some point during process, the [redacted] 's chose not to move forward with the transaction In August of the [redacted] 's came back into our offices to renew discussions about having us build a home for themAfter negotiations, they settled on a plan and price of approximately $315KAt that time the [redacted] s provided a $5,depositThe quote did not include the price of a lotThat was to be negotiated between the land seller and the [redacted] 's and the the [redacted] 's real estate agentThe [redacted] 's agent representing them in that real estate (lot) transaction has no affiliation or association with the GJ Gardner Homes - Adams CountyThe [redacted] 's and their agent did secure a lot [redacted] and contracted for it, independently, of GJ Gardner and, as GJ Gardner understands, put up a $1,deposit (not to GJ Gardner Homes - Adams County) on the lotAs GJ Gardner was not a party or representing either party in the real estate contract, GJ Gardner is unaware of any restrictions (animals, water or otherwise) that were put upon the lot The Jacbobson's signed a "Buyer Financed Home Construction Agreement" on 11/23/That Agreement was in the amount of $322,The Agreement did not include the sale of any real estate (the lot), as is mentioned above, that was contracted for independently of GJ Gardner and this contract There are a number of assertions in Ms [redacted] 's complaint, these [redacted] be addressed below: Fire Sprinkler/Failure to know building codes During negotiations there was a discussion about the potential for a fire sprinkler system in the homeAt the time (prior to 9/1/15) there was no requirement for an in home fire sprinkler systemOn 9/1/Adams County adopted the Fire District Code and left it up to the local fire districts to determine if they wanted to enforce the "fire sprinkler" provisions of the codeUp until that time, unlike some other Adams County Fire Districts, the [redacted] Fire District did no t enforce that provision of the codeDuring the permitting process , GJ Gardner was informed the [redacted] Fire District would now be requiring fire sprinkler systemsIn fact, the change in procedure was so new they were unsure as to how to enforce the provisions since they never done soWhen GJ Gardner found out about those provisions being enforced we contacted the [redacted] s and let them know the price would increase by $9,to cover the costs of the fire sprinklersThe [redacted] 's let GJ Gardner know that they would not be able to move forward with this added amountAfter some consideration, GJ Gardner agreed to install the sprinklers at no cost to the [redacted] 'sThis is documented in a Change Order #adding the sprinklers at $that is signed and dated 11/23/by the [redacted] 's that became part of the ContractIn the Building Contract there were three "Allowances" included in the total amount of $33,In the signed Contract the [redacted] 's did agree that if the full amounts of those "Allowances" were not utilized they would be credited first to the $9,sprinkler amount GJ Gardner was paying before they would be refunded to the Jacoboson'sIf the total amount of the Allowances were used, GJ Gardner would receive no funds towards the sprinkler system Failure to Disclose Well Restrictions/Suggestions that the [redacted] 's commit fraud/Due Diligence There are a number of issues related to thisGJ Gardener Homes was aware that the [redacted] 's wanted horses on the propertyIn fact, two GJ Gardner Homes - Adams County sales representatives were present at a "walk" of the lot with the [redacted] 'sBoth acknowledge that the [redacted] 's expressed a desire to have animals on the propertyNeither agent was made aware that the [redacted] 's wanted to have a commercial farming operation on the acre siteGJ Gardner was not part of the real estate contract, GJ Gardner was not involved in any discussions that may be part of that contract's representations on the issues of wells or animals Regardless of the number of animals the [redacted] 's wished to be on the property, in no way did or would GJ Gardner have made representations regarding what restrictions would be on the proposed well for the propertyIn fact, on the Quote #dated 8/27/and signed by the [redacted] 's, the paragraph numbered states, "Water is to be well waterThe Cost of the well, presuming a permit can be issued..." Clearly GJ Gardner made no representations regarding the wellIn fact, GJ Gardner made it clear they were not assuring permit could even be issued As the well permit application was made in the [redacted] 's name, Mr [redacted] received correspondence regarding the well on 12/3/Mr [redacted] was told by the Colorado Division of Water Resources he could have as many as horses on the propertyHe made GJ Gardner aware of his concerns at that timeWe asked that Mr [redacted] speak to our well contractor regarding the well as he had more knowledge of the limitations and technical data regarding the well then did GJ GardnerMr [redacted] did speak to the well contractor and after that conversation was still dissatisfied with the implications of the well permit As is stated above, GJ Gardner was not a party to or represented in any way on the real estate contractThat was done by the [redacted] 's, their real estate agent and the agent for the land sellerAny due diligence regarding the real estate should have been done as part of that contractThe only contract GJ Gardner has with the [redacted] 's is a Construction Agreement to build a homeNo where in that contract does GJ Gardner make any representations on the well or the amount of animals that [redacted] be allowed on the propertyThose items would typically be researched and vetted out in the real estate agreement GJ Gardner did not suggest that the [redacted] 's commit fraud with respect to the well permitWe ask that the [redacted] 's provide any evidence to the contrary regarding this issue Builder picked up building costing $10,000/Wanted [redacted] 's to pay for the permits On 11/25/15, GJ Gardner was made aware the Building Permit had been issued by the CountyThe building permit cost is $3,415, not $10,GJ Gardner did not ask for $10,or any additional $ to pick up the permit as it is not part of the signed contractIn fact, the signed contract states, the Builder (GJ Gardner Homes - Adams County) is responsible for the building permit feesAs the [redacted] 's had signed the contract on 11/23/and had expressed a desire to cancel the contract, they were made aware that the $5,initial deposit and the additional $5,deposit provided at the time of contract signing would not be refunded which is in accordance with the terms of the signed agreement Continuing to Spend $ after the cancellation/Cancellation GJ Gardner Homes - Adams County was made aware of the [redacted] 's intent to cancel via e-mail on 12/4/GJ Gardner Homes - Adams County provided invoices to the [redacted] 's on 12/12/15, showing a total spent to date of $10,plus a few things the GJ Gardner did have bills for as of yetThose invoices, are for services that were all incurred prior to either notification by the [redacted] 's that they were concerned about the restrictions from the well permit or their desire to cancel the contractThe [redacted] 's were also made aware that upon cancellation of the Building Permit the County would, most likely, assess review feesGJ Gardner was not aware what those fees would be Technically, the [redacted] 's have not cancelled their contract even at this dateThey have been notified of this on at least occasions via e-mailThe signed contract reads, "Any notices required to be given hereunder shall be given in writing and shall be served personally, or by deposit in the U.SMail, certified, registered, or "express" mail, return receipt requested, postage prepaid, or delivered by a private overnight courier service, addressed to the Buyer and Contractor/Builder at the addresses specified belowNotices shall be deemed received on the earlier of the date of actual receipt or three (3) business days after deposit in the mail in the manner sp

Initial Business Response /* (1000, 5, 2015/04/20) */
In response to case #XXXXXXXX
G.JGardner has responded to the customer and is in the process of addressing and resolving the stated issuesThe initial projected home completion date of 2/6/has been extended and with written
confirmation, Mr*** has come to an agreement with G.JGardner for the extensionSubstantial progress has been made on the home, numerous inspections have been completed and drywall (sheetrock) has been installedMr*** and G.JGardner are continuing a twice weekly contact at minimum to extend project duration

Initial Business Response /* (1000, 6, 2015/12/23) */
[redacted] and/or [redacted] first contacted our office about building a home in late March of 2015. They were provided a quote dated 4/1/15 on a plan they had chosen for just over $433K including a $100,000 lot. At the time, the $100,000 for...

the lot was used as an estimate as the [redacted]'s had not contracted for a lot. While the agents who were working with the [redacted]'s are no longer with GJ Gardner Homes - Adams County, they may have made the [redacted]s aware of the lot at [redacted] as GJ Gardner agents had done some co marketing efforts related to building a house at the property. GJ Gardner, nor any of its agents, ever had the right or a listing to market that home site. At some point during process, the [redacted]'s chose not to move forward with the transaction.
In August of 2015 the [redacted]'s came back into our offices to renew discussions about having us build a home for them. After negotiations, they settled on a plan and price of approximately $315K. At that time the [redacted]s provided a $5,000 deposit. The quote did not include the price of a lot. That was to be negotiated between the land seller and the [redacted]'s and the the [redacted]'s real estate agent. The [redacted]'s agent representing them in that real estate (lot) transaction has no affiliation or association with the GJ Gardner Homes - Adams County. The [redacted]'s and their agent did secure a lot [redacted] and contracted for it, independently, of GJ Gardner and, as GJ Gardner understands, put up a $1,000.00 deposit (not to GJ Gardner Homes - Adams County) on the lot. As GJ Gardner was not a party or representing either party in the real estate contract, GJ Gardner is unaware of any restrictions (animals, water or otherwise) that were put upon the lot.
The Jacbobson's signed a "Buyer Financed Home Construction Agreement" on 11/23/15. That Agreement was in the amount of $322,176.22. The Agreement did not include the sale of any real estate (the lot), as is mentioned above, that was contracted for independently of GJ Gardner and this contract.
There are a number of assertions in Ms. [redacted]'s complaint, these [redacted] be addressed below:
Fire Sprinkler/Failure to know building codes.
During negotiations there was a discussion about the potential for a fire sprinkler system in the home. At the time (prior to 9/1/15) there was no requirement for an in home fire sprinkler system. On 9/1/15 Adams County adopted the 2015 Fire District Code and left it up to the local fire districts to determine if they wanted to enforce the "fire sprinkler" provisions of the code. Up until that time, unlike some other Adams County Fire Districts, the [redacted] Fire District did no t enforce that provision of the code. During the permitting process , GJ Gardner was informed the [redacted] Fire District would now be requiring fire sprinkler systems. In fact, the change in procedure was so new they were unsure as to how to enforce the provisions since they never done so. When GJ Gardner found out about those provisions being enforced we contacted the [redacted]s and let them know the price would increase by $9,300 to cover the costs of the fire sprinklers. The [redacted]'s let GJ Gardner know that they would not be able to move forward with this added amount. After some consideration, GJ Gardner agreed to install the sprinklers at no cost to the [redacted]'s. This is documented in a Change Order #9 adding the sprinklers at $0 that is signed and dated 11/23/15 by the [redacted]'s that became part of the Contract. In the Building Contract there were three "Allowances" included in the total amount of $33,000. In the signed Contract the [redacted]'s did agree that if the full amounts of those "Allowances" were not utilized they would be credited first to the $9,300 sprinkler amount GJ Gardner was paying before they would be refunded to the Jacoboson's. If the total amount of the Allowances were used, GJ Gardner would receive no funds towards the sprinkler system.
Failure to Disclose Well Restrictions/Suggestions that the [redacted]'s commit fraud/Due Diligence
There are a number of issues related to this. GJ Gardener Homes was aware that the [redacted]'s wanted 2 horses on the property. In fact, two GJ Gardner Homes - Adams County sales representatives were present at a "walk" of the lot with the [redacted]'s. Both acknowledge that the [redacted]'s expressed a desire to have 2 animals on the property. Neither agent was made aware that the [redacted]'s wanted to have a commercial farming operation on the 35 acre site. GJ Gardner was not part of the real estate contract, GJ Gardner was not involved in any discussions that may be part of that contract's representations on the issues of wells or animals.
Regardless of the number of animals the [redacted]'s wished to be on the property, in no way did or would GJ Gardner have made representations regarding what restrictions would be on the proposed well for the property. In fact, on the Quote #674 dated 8/27/15 and signed by the [redacted]'s, the paragraph numbered 6 states, "Water is to be well water. The Cost of the well, presuming a permit can be issued..." Clearly GJ Gardner made no representations regarding the well. In fact, GJ Gardner made it clear they were not assuring permit could even be issued.
As the well permit application was made in the [redacted]'s name, Mr. [redacted] received correspondence regarding the well on 12/3/15. Mr. [redacted] was told by the Colorado Division of Water Resources he could have as many as 4 horses on the property. He made GJ Gardner aware of his concerns at that time. We asked that Mr. [redacted] speak to our well contractor regarding the well as he had more knowledge of the limitations and technical data regarding the well then did GJ Gardner. Mr. [redacted] did speak to the well contractor and after that conversation was still dissatisfied with the implications of the well permit.
As is stated above, GJ Gardner was not a party to or represented in any way on the real estate contract. That was done by the [redacted]'s, their real estate agent and the agent for the land seller. Any due diligence regarding the real estate should have been done as part of that contract. The only contract GJ Gardner has with the [redacted]'s is a Construction Agreement to build a home. No where in that contract does GJ Gardner make any representations on the well or the amount of animals that [redacted] be allowed on the property. Those items would typically be researched and vetted out in the real estate agreement.
GJ Gardner did not suggest that the [redacted]'s commit fraud with respect to the well permit. We ask that the [redacted]'s provide any evidence to the contrary regarding this issue.
Builder picked up building costing $10,000/Wanted [redacted]'s to pay for the permits
On 11/25/15, GJ Gardner was made aware the Building Permit had been issued by the County. The building permit cost is $3,415, not $10,000. GJ Gardner did not ask for $10,000 or any additional $ to pick up the permit as it is not part of the signed contract. In fact, the signed contract states, the Builder (GJ Gardner Homes - Adams County) is responsible for the building permit fees. As the [redacted]'s had signed the contract on 11/23/15 and had expressed a desire to cancel the contract, they were made aware that the $5,000 initial deposit and the additional $5,000 deposit provided at the time of contract signing would not be refunded which is in accordance with the terms of the signed agreement.
Continuing to Spend $ after the cancellation/Cancellation
GJ Gardner Homes - Adams County was made aware of the [redacted]'s intent to cancel via e-mail on 12/4/15. GJ Gardner Homes - Adams County provided invoices to the [redacted]'s on 12/12/15, showing a total spent to date of $10,347.85 plus a few things the GJ Gardner did have bills for as of yet. Those invoices, are for services that were all incurred prior to either notification by the [redacted]'s that they were concerned about the restrictions from the well permit or their desire to cancel the contract. The [redacted]'s were also made aware that upon cancellation of the Building Permit the County would, most likely, assess review fees. GJ Gardner was not aware what those fees would be.
Technically, the [redacted]'s have not cancelled their contract even at this date. They have been notified of this on at least 2 occasions via e-mail. The signed contract reads, "Any notices required to be given hereunder shall be given in writing and shall be served personally, or by deposit in the U.S. Mail, certified, registered, or "express" mail, return receipt requested, postage prepaid, or delivered by a private overnight courier service, addressed to the Buyer and Contractor/Builder at the addresses specified below. Notices shall be deemed received on the earlier of the date of actual receipt or three (3) business days after deposit in the mail in the manner sp