Garland New Homes

I signed a contract for $300,000 with G New Homes on August 30, 2016 to build a home on sub lot *** in Columbia Station, OH. I had previously given Builder Matt G a check for $2500 as a deposit on the lot and had selected and customized a floor plan, the blueprints for which were reviewed during that meeting. Afterwards on September 12, the Sales Rep emailed me the final blueprints. Any subsequent changes to the floor plan or contract addendum would be subject to a change order.

On October 10, 2016, the Sales Rep initiated a change order form for items that were included on the prints at closing but were “mistakenly” left out of the contract when it was signed six week prior (transom window in main bath and 4 keystones on front elevation) and one item that was supposed to be on the prints and was also missing from the contract (transom window in dinette). These items totaled $965. I could not afford these unexpected costs and had to eliminate the more expensive transom window. The change order remained open throughout construction. This began a pattern of variances between what the Sales Rep sold me and what the Selections Manager and Builder Matt G were willing to honor.

The construction loan was closed with Chicago Title on October 17, 2016 and work on the foundation began that month. As the selection process began, additional omissions on the contract were discovered—to my expense. It became obvious that these “mistakes” were not innocent but rather were part of an orchestrated scheme to collect additional money from me. I have since learned that this builder has a reputation for intentionally underestimating costs on the contract.

During construction, defect after defect was identified. My house was the only one in the development that this builder was working on, and his Foreman too often working at the builder’s other development and new model which was being built at the same time as my home. Nearly EVERY upgrade that I paid extra for had an issue—incorrect item and/or improper installation. Due to underestimates in major areas such as flooring and cabinetry, I had to give up other items that were on the original contract. When I protested, I was continually reminded that I had signed a contract and that I had to make my selections within the required timeframe or risk delaying my move-in date. I felt constant pressure to let the builder do whatever he wanted or jeopardize breaching the contract at my expense. Both the Selections Manager and Foreman repeatedly told me “this is how we do” something and “that is not how we normally do” something. I had to keep reminding them that this was a custom build. The Selections Manager frequently reminded me that I was to wait to notify her of concerns only during the two scheduled walkthroughs—she told me that that she did not have to answer any of my questions until the next walkthrough when I asked her for a status update on the DAMAGED roof that had to be repaired after the first walkthrough! (The roof shingles had to be replaced TWICE.)

Below is a summary of the major issues for which I am seeking a refund of $100,000 for defects as well as upgrades that were not delivered as expected/promised OR, in the alternative, the cost to repair these (NOTE: this does not represent a complete list of issues and only represents the issues for this specific complaint):

Stone & Siding – The wrong color stone was installed. I paid to upgrade to stone and shake siding. I also paid extra for the stones to be installed tightly (less mortar, more stone). I selected stone in a blend of light grays and whites, but the builder’s subcontractor installed a dark brown blend. I also selected a siding color to match the stone and paid even extra for that same color in the shake pattern (double upgrade). The Selections Manager stated they would replace any tile that was not on the color swatch, but she reneged once she realized that most stones would need to be replaced. I learned that the stone I selected was discontinued but the Selections Manager insisted that my house received the correct color.

Builder Matt G would only agree to replace 15 stones, and I had to use those to break up the areas where up to nine stones of the same color were touching each other despite eight other colors of stone in the blend. The Selections Manager made me sign a form beforehand saying that the builder can’t guarantee against patchiness—but patchiness to me means 2-3 stones of the same color near each other. This installation was so bad it was more than mere patchiness, it was laziness and/or incompetence—which I did not waive.

The inspection report also noted that the stone was NOT installed properly to prevent water from seeping through the stones into my walls! Builder Matt G still has not corrected all of the concerns related to this. The roofer, sider, and stone mason all did their work at separate times and apparently did not communicate with each other. Even after the 15 stones were replaced the mason had to come back out again because the he didn’t install them tightly like the rest—and this was with the Foreman “supervising”.

Shower – I paid extra for a tiled shower and bench. I provided the Sales Rep with a photo of the shower tile I wanted—white subway tile. The Sales Rep added a line item to the contract that said 6x6 tile—she stated she had to use a standardized line item from the options sheet but noted that the shower photo was in my file. She knew the exact dimensions of the shower from the blueprints. She knew I wanted to two showerheads, she drew those on prints when we were designing the layout of the bathroom. I gave Builder Matt G and the Selections Manager the Sales Rep’s hand written notes on the prints where she drew BOTH showerheads. The Selections Manager said that didn’t matter and charged me $500 extra for the second showerhead.

When I decreased the size of the bench by half, the Selections Manager refused to give me a credit. She also made me pay twice for the tile, as she insisted that the $500 I already paid for the bench did not include the tile. If the entire shower is tiled, of course the bench is going to be tiled! Both flooring/tile suppliers even told me this. The Selections Manager also refused to give me a credit for lowering the fireplace mantle six inches, which reduced the tile needed by two square feet. The Flooring-Tile Rep actually honored that difference and put it toward the underestimated subway tile in the master shower. He also upgraded the tile on the shower floor for free because he said “something needs to go your way.” After all this, the tile was installed poorly!

During the spring the same installers laid all the flooring and tiled the shower and tub surround. They did this before there was any electricity in the house and they did so in the evening, working only with little circular lights on their helmets—and no Foreman present to supervise the work. I know this because I stopped by the house after work two evenings and found them there. They installed the subway tile incorrectly, without the proper bullnose tiles. This caused the marble bench and thresholds in the shower to be recut and reinstalled. And this delayed not only the installation of the shower but completion of the entire home as they re-ordered and waited for the correct tiles to be installed.

After the marble was re-installed and bullnose tile was installed, there were still many noticeable defects: there are two different colors of white tile (bullnose is a different white than the non-bullnose tile) and tiles are crooked—most noticeably around the perimeter of the marble bench. The Tiler stated that the reason for the two different colors was that the bullnose tile came from a different factory (Mexico) than the other tile (Virginia). Yes, that is because they were ordered at two different times and thus were from different die lots. If they had been ordered at the same time, they should have been the same color. And if they all knew there was a possibility of discoloration, they should have informed me of this beforehand!

I complained about the tile around the bench and the bullnose tile. The shower was added to Builder Matt Gs punch list and still has not been resolved. Builder Matt G would only replace ONE tile (because that’s the one picture I sent him as an example), and despite numerous others not installed flat against the wall. The Post-Close Foreman said that any tile that was not plumb more than the depth of a credit card would be replaced, but Builder Matt G still refused to replace any more than one tile. It took four visits after I moved in to correct the bullnose tiling and grout issues yet only that one tile was replaced around the bench. To this day, Builder Matt G considers the shower done and refuses to replace any other defective tiles.

Cabinets – The cabinets were initially underestimated by about $5000. Before the contract was signed, I reviewed the cabinet manufacturer’s website and went to the G showroom. I informed the Sales Rep which cabinets I wanted so that the correct amount would be stated on the contract—the entire purpose was to ensure the amount we put in the contract for cabinets was 100% correct and I made that very clear to the Sales Rep. I told her I would be selecting the full overlay PureStyle white and some gray in Durham with soft close doors and drawers for the kitchen and both bathrooms. She included the cabinet upgrades on the contract. I asked why there was not a specific line item for the island and bathrooms. She stated that the contract line items were “a whole-house upgrade”. She even pointed out to me that the island is always included in the same style cabinets as the rest of the kitchen.

The contract does indicate that the upgrades apply to all cabinets. The contract reflected the Sales Rep’s explanation. However, the Sims Lohman Designer disagreed and charged me additional for the island, butler, beverage center, and bathroom upgrades—yet the contract does NOT say that the upgrades were kitchen only. She said she confirmed with Builder Matt G directly that she was supposed to charge me for those.

The Sales Rep also grossly under-estimated the cost of the butler pantry despite knowing the exact measurements and the exact cabinets I wanted. The Sales Rep told me that the $800 cost of the butler pantry cabinets was quoted by the Sims Lohman designer, but the Sims Lohman designed said that was for a standard 36” since butler pantry with standard (not upgraded) doors.! As if I would put a different cabinet style in the butler pantry right next to the kitchen cabinets! The cost of the cabinets on my blueprints were over $2000! Errors were found in the kitchen floor plan (fridge wouldn’t fit, island was only 12 inches deep) so the kitchen needed to be expanded and thus I was able to shrink the butler pantry.

This didn’t end the issues with the butler pantry, as the smaller pantry was still going to cost more than $800. So I had to give up the soft close doors on the lower cabinets of the butler pantry. But that still didn’t bring the cost down to $800. I met with Builder Matt G who told me he would take care of it. I was relieved and commented how that would help me cover the extra cost of the cabinets for the beverage center—which was a reminder to him that he had cheated me on that as well (see below). Yet the next invoice that came from the Sims Lohman no longer showed the $800 I had already paid! So Builder Matt G took the $800 back—that negated the benefit of him covering the difference!

Also during that meeting, Builder Matt G told me he was adding 2 square feet onto my dinette. He said he was pretty sure he would not have to charge me for it, he had some wiggle room in his budget (probably from all the credits I was entitled to that his Sales Rep wasn’t giving me), but he wouldn’t know until the house was completed and that it wouldn’t be more than $900. Of course in the end he wanted the full $900. I would only agree to pay $100—the difference between the $900 cost for the extension and the $800 he took back from me for the butler pantry.

The entire set of cabinets for the beverage center in the dinette was removed from the final blueprints after I signed the contract. I was told by the Selections Manager and Sims Lohman Designer that I had to pay for those in their entirety (not just the upgrade cost but also the standard cost that the builder would normally cover in a kitchen) and that Builder Matt G refused to cover the standard cost. I was also reminded that I needed to finalize the cabinet selection or it would be my fault for holding up the build. Due to the overages, I had to give up the cabinet pull outs in the kitchen, downgrade the main bath cabinets, and give up soft close in the two master bath vanities and butler pantry lower cabinets. I also had to give up some upper cabinets for the beverage center.

It gets worse with the cabinets. When designing the master bathroom, I wanted a darker grey color of cabinet than the gray of the Durham. I had seen a vanity in her showroom that was the inspiration but that manufacturer was just too expensive for me. The Sims Lohman Designer later informed me that a new, darker color of gray was coming out from the manufacturer in February 2017. She believed she could order it in time for my build.

When she sent me the final invoice, I called her and asked her why she didn’t show the new gray color on the invoice and if it had to do with the color not officially being available yet. She said yes and explained that her system didn’t even have the new color name in it yet, as it wasn’t officially on the market, but that it would be when it came time for her to place the order. She agreed to call me before she placed the order and said would have a swatch by then. We also agree that I would go to her showroom to see the swatch to make sure I like the color before she placed the order AND to give her a check to pay the invoice.

I spoke with her again a few weeks after I signed the invoice, as I was in the process of selecting counter tops for the master bath. She confirmed with me then that she would be able to order the dark gray color without delaying my build. She even said she would “make it work”.

The Sims Lohman Designer knew that I upgraded the countertops in the master bath to Carrera marble to match the darker grey color of the cabinets she was supposed to order. She had worked with me on many options of countertops to match those dark gray cabinets, as I was going back and forth between options she offered as well as marble from the Granite supplier. She knew before she ordered the cabinets that I chose the marble from the Granite supplier.

Weeks after than I saw the new darker gray color on the cabinet manufacturer’s website, and I emailed the Sims Lohman designer about how nice it looked on the website and wondered about putting it in the kitchen too. She informed me that she had already placed the order. That wasn’t our agreement—I even reminded her that I was supposed to come in to see the swatch in person and give her a check. I asked her what color she ordered the vanities in. She placed the order for the lighter gray cabinets. And she refused to re-order them in the color she had promised me because, as she stated, I had already signed the invoice! I reminded her that I never paid that invoice and that I would not pay for the wrong cabinets.

Builder Matt G refused to get involved and said we had to work it out ourselves—he refused to resolve an issue with his own subcontractor! It was obvious from all the information I had about the new dark gray color and when it was becoming available, and the fact that I had not paid the invoice before the order was placed, that the Sims Lohman Designer had FORGOTTEN to do what she promised. But he did remind me that this would delay my build.

The Sims Lohman Designer also reminded me that this would delay the build. I knew they were already behind on construction because there was a warm spell in February when no one worked on the house for two weeks straight—I had even emailed the Selections Manager about it. And so I refused to pay extra for cabinets that were not the upgrade I was promised and expected. I offered Builder Matt G and the Sims Lohman Designer options of re-ordering the correct cabinet or giving me a major discount on the cabinet they already had. The Sims Lohman Designed adamantly refused to order the correct cabinets. After a few weeks, she agreed to discount that cabinets and I ultimately paid $110 for each of the two vanities. She could have order the correct color during that time. So now these gray vanities do NOT match the rest of the bathroom and stick out like a sore thumb—they look brown in a white and gray bathroom and clash terribly with the marble I paid about $1400 to match.

Lighting – Builder Matt G blatantly defrauded me with a bait-and-switch scheme on the lighting. Anyone who builds knows that lighting is one of the most common and costly upgrades. When I viewed the model, the Sales Rep was excited to show me the new lighting package. During the selection process, I was given a selections binder that contained the same light package the Sales Rep had shown me.

The first time I went to the lighting store, I told the Whitmers Rep that I wanted to select my own lights rather than go with the standard package because I didn’t want to replace any after I moved in. She unfathomably did not know what the allowance amount was but stated it would be $1500-$2000. She was supposed to get back to me, more than once I asked her, but she never did. The Selections Manager informed me that I was only getting $1000 – a meager amount for a 2200 square foot house! I was also told I could not change the exterior lights because they had to match the rest of the neighborhood but I pointed out to her that none of the exterior lights matched the rest of the development.

I spent time building a wish list of items on their website and the Whitmers Rep gave me an invoice. What the Whitmers Rep never told me until I saw the invoice that is if I select any lights other than the package, I also have to pay for installation and light bulbs—and so that invoice was thousands of dollars extra. So of course I would go with the standard package and swap out three, as was allowed.

I asked the Whitmers Rep numerous times to email me the pictures of the lighting package, she kept also kept forgetting to do that. So the Selections Staff faxed me the pages of the lighting packing right out of the selections binder. I not only upgraded three lights, I upgraded matching faucets. And I purchased matching cabinet hardware, sconces, and a kitchen faucet online.

But when the lights were installed, they were NOT the same lights as the Sales Rep and Selections Staff had shown me—they were cheaper and way uglier. The Sales Rep told me that the builder had the right to change the lighting package at any time! I told her not after I had upgraded faucets and lights and purchased additional lights, hardware, and faucet to match.

Builder Matt G again refused to get involved with an issue involving his subcontractor! I informed both Builder Matt G and the Whitmers Rep that this was fraudulent bait-and-switch. Builder Matt G later agreed to let me swap out four of those lights. There are still nine interior and five exterior light fixtures from the bait-and-switch package installed in my home. And the ugly exterior lights do not match the rest of the development—including the other G homes.

Flooring – The flooring was initially under-estimated by about $5000. Before I signed the contract, I told the Sales Rep I wanted wood flooring on the entire first floor except the laundry and mud rooms, where I wanted tile. She had the exact blueprints so she knew the measurements. The problem, as two different flooring subcontractors pointed out to me, was that the Sales Rep only estimated the costs for the rooms on the first floor (kitchen, dining room, dinette, and living room) but had left out the square footage for the HALLWAYS CONNECTING THOSE ROOMS as well as the pantry and powder room adjacent to those rooms. The final overage was $1120 due to her intentional miscalculation and the Flooring-Tile Rep even listed this as a separate line item on the invoice. Due to the overage, I had to give up the tile flooring in the bathrooms, mud room, and laundry room.

Additionally, the vinyl flooring in the master bath has a noticeable seam in it. The pattern was not installed in the same direction as the laundry room, which resulted in a seam. The same vinyl flooring was installed in the laundry room in a different direction and does not have a seam. The flooring was installed at night when the house had no electricity and the installers had only the lights on their helmets. And the Foreman was not present to supervise.

Staircase – In the contract I paid for stained stairs with painted risers for my foyer staircase. However, the Selections Manager claimed that the contract line item was only for seven stairs. The line item says “painted risers” but also “7 stained stairs”. That doesn’t make sense that all risers would be painted but only seven stairs would be stained (meaning the rest would be painted?). It’s clearly a typo – the “7” was not supposed to be there. There was never even a conversation with the Sales Rep about only doing seven stairs—I would never agree to half the stairs not matching the other half of the stairs in an open, two story foyer with a winding staircase as the focal point! And of course the Selections Manager refused to honor what was intended by that line item. I had to give up the painted risers.

The amount for the boxed newel post on the contract only covered ONE, but my floor plan required three. So I had to select smaller sizes for the other two due to the underestimate. The blueprints showed where these were to be installed. During the first walkthrough, I reminded both the Foreman and Sales Rep that the newels needed to be installed according to the blueprints and that the two smaller ones are supposed to line up. The Sales Rep even opened the blueprints on her phone and pointed this out to the Foreman.

But the newel posts were not installed according to the blueprints. The two smaller ones do not align and the larger one was installed entirely in the wrong spot. Builder Matt G refused to correct this and would not agree to put it on the punch list. In fact, he would only agree to credit me the $800 back from the butler pantry cabinet fiasco if I agreed not to add the newels to the punch list. I have since discovered that one of them is CROOKED. And I learned when the fridge was delivered that the largest one was installed into the hallway in such a manner that it cuts off the flow of traffic…creating a risk of damage from when moving in large items like furniture and appliances. So it’s not just ugly, it’s impractical. These were $1000+ upgrades that were botched.

Unreasonable Delay – The move-in delay was six weeks, and I know from stopping by numerous times that the house sat idle with no work taking place for four of those weeks. During the build I also noticed that work eventually stopped taking place on Fridays, which I believe was intentional because they were all aware that I did not have to work every Friday and would stop by the house. They didn’t want me there without scheduling five days in advance but I told them that became untenable because I needed to be there to check on the progress—and it was my house on my property so I would be there whenever I could. Once or twice I did scheduled in advance because the door was locked when they weren’t working—the Foreman or someone else came over from the other development to let me in.

There was no indication of a delay until the last minute and when I pressed for a move-in dater. I was told the delay was due to tile that had to be redone in the shower and that the shower door could not be installed until the tile was corrected. When I learned the builder would miss the move in date, the only feasible option was a month-to-month lease, which about doubles the cost of rent. Builder Matt Gs unreasonable delay cost me over $2000 in rent and fees. The G New Homes website used to market a “Guaranteed Move In Date”. This has since removed that from the website.

The Selections Manager had previously told me that I only needed one working shower per code, and at the time of the delay there was a working shower in the main bath. I told Builder Matt G that I wanted to move into my house at the end of May as scheduled because the house was habitable. Builder Matt G refused.

This was when I learned there was an invalid clause in my contract. According to the contract, possession was supposed to take place at substantial completion, which is when the inspector issues an occupancy permit based on an inspection to determine the home is habitable. I called the building inspector for Lorain County to see if the builder had even scheduled the inspection and the building inspector explained to me that that he merely verifies that there is a house standing on the lot and then issues a certificate of compliance. I communicated this to Builder Matt G and expressed that the clause was misleading and deceptive. Builder Matt G knew long before I signed that contract that there was no inspection or occupancy permit in Lorain County!

I told Builder Matt G that because there was no valid reason to delay the move-in date that I would expect him to pay may rent. He later agreed to a July 1 move-in date. The move in date according to the contract should have been May 29. Even after I moved in there was work inside and outside that needed to be done, so there really was nothing that should have prevented me from moving in at the end of May. Builder Matt G simply did NOT want me to move in on time.

In addition to items on the blueprints that were omitted from the contract, there were many items on the contract that I had to give up because of Builder Matt Gs intentional underestimates. And there are defects and deviations that I do not believe can be repaired:

HVAC – Heat vents and cold air return registers were not installed according to usual and customary practices. Heat vents should be installed in front of windows. The builder’s HVAC installer did not do this and instead placed the vents in odd, illogical locations where they must be covered by open curtains or furniture. The two for the main and half baths are installed high up near the ceiling—I need a stool to reach where the ceiling is 9 feet high. The HVAC installer explained to me that normally he would install heat vents in front of windows but that the builder instructed him NOT to in order to cut costs. The builder made this decision unilaterally without ever discussing it with me or asking my approval! He has a duty to inform and obtain my approval in advance for such a deviation from the norm.

This is a major source of dissatisfaction in my home, as I am limited to where I can place my furniture. They even placed vents where they would be covered by open curtains. And this is combined with frustration and inconvenience of the seven service calls, two thermostat replacements, and three furnace part replacements since June 30, 2017. The inspection report noted that the airflow coming out of the vents on the second floor is less than the first floor, and there continues to be an uncomfortable disparity between the temperature of the two floors even after adjusting the dampers and vents.

Garage – There was supposed to be a full sized, steel door installed in the wall between the master bedroom and attic space above the garage. This was so that the space could be converted to a closet or sitting room in the future. After construction began, the Selections Manager informed me that the door could not be installed. This is because the ceiling of the garage is too high for the attic space to be made usable as living space. At no time during the design process did the Sales Rep communicate this important piece of information to me—not even after the garage roofline was mistakenly changed to accommodate the door. The Sales Rep was aware that I wanted to finish that space in the future to a second walk-in closet. At the point when she told Builder Matt G that I would not accept the modified roofline, they both had a duty to inform me that the space could not be converted to future living space. This disappointment actually prevents me from adding value to my home via additional square footage. I believe they intentionally withheld that information from me because I was not paying them to finish it.

The window above the garage selected by the Sales Rep is too large—it shows the floor beams of the attic. During the design phase I told the Sales Rep to make that window smaller like the size on other homes in the neighborhood—and she did make it smaller—but it is not small enough. It is a total eyesore.

Foundation – After the contract was signed, I was presented with additional forms to sign as the selections process kicked off. One of those was about how the foundation would be dug to the Engineer’s specifications based on what the topography of the land allowed. I don’t even have a copy of this form. The foundation was not dug as deep as the houses on either side of me. As a result, I have additional steps to enter my home. It is difficult and inconvenient to go up and down the three stairs in the garage carrying luggage, garbage, groceries, etc. And they are too close to where a car needs to be parked, taking away some storage space. I find it hard to believe that my home couldn’t be dug to the same depth as the two houses on either side of me. I suspect this decision was made not because of necessity but because the builder wanted to cut costs. I only agreed to what was required topographically, not builder’s preference. I would like a report from a professional evidencing that the foundation could not be dug deeper for valid reasons.

Window Trim Moldings – In the model for my development, the Sales Rep explained to me that I could downgrade from wood to vinyl Pella windows and save $1400 but she specifically emphasized that I would still have wood trim all the way around the windows. I even asked her about that again at a later meeting and she made the same statement—I remember this because she was annoyed with me. The Selections Staff also told me at my first selections appointment that I would have moldings around the entire windows even if they are vinyl. But when the house was under construction, the Foreman and Selections Manager said they never give wood trim all the way round the windows for vinyl windows. Now I have only one piece of trim around the bottom of each window. I was never shown any kind of picture of diagram explaining that this would look this way because I was told TWICE that I would have wood trim all the way around my windows. The builder’s list of options even states that 2¼ trim is standard.

I met with Builder Matt G on June 29, 2017 to finalize a punch list and determine a holdback amount. Builder Matt G told me that he had just spoken with the Foreman who told him that the exterior items had already been fixed. I was amazed and asked how they were able to do that so fast and Builder Matt G responded that they made it happen. As we discussed the items to be added to the Punch List, Builder Matt G told me I was costing him money!

When determining a holdback amount, I explained that I was advised to hold back $30,000 but if half the work was already done then I would be okay with $15,000. Builder Matt G would only agree to $10,000. After this meeting I saw for myself at the house that Builder Matt G had lied to me—NONE of those items were completed. I believe Matt G intentionally deceived me and lied that there was less work remaining just so that I would agree to a lower holdback amount.

I had moved into my home on July 1, 2017. Builder Matt G took much longer than the 30 days stated in the contract to address the punch list. The last of the work that Builder Matt G was willing to do was done on October 26, 2017. It took three months for this builder to work on the punch list when he decided he would not do any further work. He request final payment and I told him that I did not consider the punch list addressed, specifically the shower.