Journey Homes LLC

Please see attached letter sent to Mr. [redacted]. December 7, 2015 [redacted] 
[redacted] RE: Concrete Pad Replacement Dear Mr. [redacted]: As discussed per our phone conversation on December 4, 2015, we will contact you to replace the garage walk pad concrete prior to June 1, 2016. Should you have any questions regarding the foregoing, please do not hesitate to contact me. Sincerely, Andrew G [redacted] cc: Revdex.com

The homeowner has been contacted.  The concrete contractor will be contacting the homeowner to coordinate the work.

The homeowner did call the after hours phone number.  For an unexplained reason the message did not ring through to the on call superintendent.  We have contacted the homeowner today and will have the garage door repaired as soon as possible.We have corrected the on call message notice.Our...

apologies.Larry S B[redacted]General Counsel

Complaint: [redacted]
I am rejecting this response because:
I know that almost all of our neighbors and fellow journey home buyers in our neighborhood have had the same issues we have and they have had their driveways replaced. I watched two of my neighbors have theirs done. If journey is hiring subcontractors to do the concrete work they should be following up and making sure the work is done accordingly. Although it is in the contract about a limited warranty on the concrete our claim was filed well before he warranty term was up. But continuously ignored by the company. It's pretty sad that a company can't stand behind the work they do and if they don't want to take responsibility for the problem then they should hold the concrete company they subcontracted out to fix the issue that they created. An entire side walk should not be falling off the foundation already after two years period if it was done properly. As well as the contractor shouldn't be having the workers walk in wet concrete if they knew what they were doing... it's unbelievable that a housing company is so irresponsible and unethical about their work. I'm a business owner and I cannot believe the lack of customer service. 
Regards,
[redacted]

We have inspected the concrete as represented.  There are minor crack as spalling in the driveway.  There is no immediate health or safety concerns.  As previously stated, concrete flatwork is specifically excluded from any warranty coverage.  We are currently scheduling concrete work for the Johnstown Farm subdivision and will notify the homeowner when we will have subcontractors in the area.  Again, we are not obligated to warranty any concrete flatwork, and are committing to doing the work in good faith.  We will contact the homeowner directly.
[redacted]
General Counsel

The homeowner has misstated facts and failed to disclose important information.  The homeowner purchased the home on 8/2/13.  The one year warranty period expired on 8/2/14.  The Limited Warranty Agreement ("LWA") signed by the buyer at closing specifically excludes any warranty for...

concrete flatwork.  The Agreement for Purchase and Sale signed by the buyer also specifically discloses that any and all concrete flatwork is excluded under the 1 year limited warranty.  On 9/3/14, after the expiration of the warranty period, the homeowner submitted a Warranty Claim Form for concrete.  The claim was denied because the claim was out of warranty and was not covered by the LWA.  On 2/25/15, over 6 months after the expiration of the limited warranty period, the buyer submitted a  second Warranty Claim Form for concrete flatwork.  On 3/6/15 we sent a letter to the homeowner stating that the warranty period had expired on 8/2/14, but in good faith we would INSPECT the concrete but not waive any rights under the LWA and we were not obligated to complete any work.  After the inspection and review of the claim history it was determined that the claim was not covered under the LWA.  On April 6, 2015 we sent a letter to the homeowner denying the claim and explained the basis on the denial.  I have consulted my staff and they have assured me that they treated the homeowner fairly and respectfully.  The allegation regarding apartments and or installation process are inaccurate and have no bearing on warranty decisions.  No further action is warranted.

While the homeowner my reject the response, I would respectfully remind the homeowner that flat work is specifically excluded from ANY warranty.  This is clearly defined in the Agreement for Purchase and Sale dated August 4, 2012 ("Agreement") paragraph 14.C.  See the attached Agreement.  The Agreement is signed by the homeowner.  Note that the cited paragraph is in bold, all cap font, so that a buyer cannot later claim they had no knowledge of the exclusion.  Additionally, concrete flatwork is again specifically excluded in the Limited Warranty Agreement Dated November 16, 2012 ("LWA") and signed by the homeowner at closing.  Please refer to paragraph 2. which excludes pitting, scaling and/or spalling.  After inspection, any work which we would agree to complete would be in good faith and not required by warranty.
It is important for the homeowner to understand that they have already signed and acknowledged the concrete exclusion pursuant to the Agreement and LWA and we are not obligated to do any concrete work either contractually or by warranty.
Sincerely,
[redacted]
General Counsel

Please see attached letter.  Copy will be sent to the homeowner.December 21, 2016 Revdex.com 8020 S. County Rd. 5, Ste. 100 Ft. Collins, CO 80528 RE: [redacted] Revdex.com ID No. [redacted] To whom it may concern, I am in receipt of Mr....

[redacted]'s Revdex.com's website communication. The home was purchased on January 30, 2015 and the Limited Warranty Agreement signed by Mr. [redacted] at closing expired on January 30, 2016 (see attached). Our records indicate that during this one-year warranty period, Mr. [redacted] made claims on warrantable items which were all addressed and signed off by Mr. [redacted]. He did not make any concrete claims. As stated in Paragraph 14 of the Agreement for Purchase and Sale and Paragraph F2 of the Limited Warranty Agreement, concrete flatwork is not covered under our warranty program.As always, Mr. [redacted] is free to contact the office to discuss this issue. Respectfully, Larry S. B[redacted]Enclosure cc: [redacted]

Complaint: [redacted]
I am rejecting this response because: I don't know why they keep bringing up the warranty issue, most of the [redacted] that had the concrete repair were well past the warranty date on those [redacted]. At the city council meeting he said he would repair the remainder of the [redacted] that needed concrete repair in [redacted]. I'm going down to the city building and see if I can find out about the minutes of the meeting.
Regards,
[redacted] & [redacted]

Revdex.com:
I have reviewed the response made by the business, and find that this resolution is satisfactory to me.

Complaint: [redacted]
I am rejecting this response because:
I just got off the phone with the warranty manager. He had no idea about the issues we had. The claim had never made it to him until I submitted a complaint with Revdex.com. The companies response is false. The readings on the floor was taken over a week ago and the floor has been drying for 2 weeks now. It wasn't a swimming pool that flooded the home. However, the manager is scheduled to be at the home to look at the repairs tomorrow. 
Regards,
[redacted]

Mr. [redacted] has retained legal counsel.  Pursuant to CRS 13-20-803.5 we will communicate through his legal counsel and respond accordingly.

I stand by my previous statement that this frozen hose bib is a result of a hose being left on during freezing conditions and is not covered by the Journey Homes Limited Warranty Agreement.I will offer the following proposal to resolve the issue.  Once the [redacted] pay $150 to [redacted] to replace the hose bib, Journey's Customer Service Manager will schedule, manage and pay for the balance of the repairs.  Journey will will provide drywall patching, paint and management to complete the repairs.  Cleanup as needed.

In response to Mrs. [redacted]’s claim, Journey completed an onsite inspection of the siding.  The siding has been repaired.  The claims regarding the painting have been scheduled for repair.  While we acknowledge Mrs. [redacted]’s concerns and are always concerned with customer satisfaction, both of the parties here are bound by the contractual obligations established in the Contract to Buy and Sell executed by the parties on 12/22/2[redacted], including the express disclaimer as to flatwork.  The parties to that agreement are bound and must depend upon the contractual obligations established under the contract.  As a non-warrantable item concrete can be reviewed on a case-by-case basis but will not be done through the Revdex.com.  Journey Homes will contact Mrs. [redacted] for further discussions, but considers this claim to be closed. Tell us why here...

Complaint: [redacted]
I am rejecting this response because:Warranty outline said flat work is not covered. This is not flat work. It is structural.  I have had three different concrete companies look at the issue and all have told me that it needs to be ripped out and replaced. My claim back in July was filed and I did not receive any response from Journey. This is not a minor Crack. My steps separating from the home. This is completely unacceptable. I have had many neighbors with the same issues that Journey had to come back out to correct. My claim was filed before the it expired, no one responded. Regards,
[redacted]

To date, all of the homeowner’s warranty claims have been addressed.  The last of which was a painting claim which was addressed and completed last week.  In regards to the concrete claim, and as previously stated, concrete does not fall under warranty.  The homeowner has been called to discuss her discontent with the concrete, however direct contact has yet been made.  Nonetheless, since all warranty items have been addressed, we respectfully request that this complaint be closed.

We are pulling this homeowner's file and associated claims and will be in touch with scheduling information.

My name is [redacted] and I am the General Manager for Journey Homes Colorado Springs.  My Warranty Manager, [redacted], got an emergency call from this homeowner on Sunday.  [redacted] responded to the home to investigate the source of the water leak.  Holes were made in the drywall so the...

source of the leak could be viewed and it was found the rear hose bib had froze and the copper had split.  Frost free hose bibs will not freeze unless 1.  a hose is left attached and it freezes or 2. it is not installed properly.  The most common cause of a hose bib freezing is when the homeowner leaves the hose connected to the hose bib and the water cannot drain out and then freezes.  This information is given to all our homeowners during our homeowner presentation and walk-through prior to closing.  It is the homeowners responsibility to remove the hoses from the hose bibs and to make sure the hose bibs are safe during the winter months.  [redacted] communicated this information to the homeowner.  This kind of situation is not covered by the Journey Homes Limited Warranty Agreement.  [redacted] reported to me about the frozen hose bib and that the homeowners were not happy that he was unable to warranty the repair.  I asked [redacted] to scheduled an appointment so I could inspect the hose bib and to make sure it was installed properly.  The inspection was 8:00 am Friday 1/16/15.  The hose bib was properly installed and insulated.  The siding on the exterior is installed properly and there are no gaps or holes for air infiltration.  Everything concerning this hose bib was constructed properly.  The only way it could have froze is by leaving a hose connected during freezing weather and as such it is not covered by the Journey Warranty.  [redacted] who currently works as the plumbing subcontractor for Journey Homes has priced this repair at $150.  The drywall will need to be patched and painted.  I am sorry but this repair is not covered by the Journey Homes Limited Warranty Agreement.  Journey can provide access to our contractors but the work will have to be paid for by the homeowner.

Complaint: [redacted]
I am rejecting this response because it was stated at the city council meeting that the remainder of the houses that had concrete problems would be replaced. We have all the addresses of the houses already repaired, which I would call basically call patchwork. Most of these houses that were repaired were past their warranty date, they were built long before our house was built. We have also driven to [redacted] which has been completed for a year or so and observed concrete problems starting to pop up. We have the addresses of about twenty houses where we seen visible cracking and sinking concrete. We seen a couple of houses where the driveway slabs have been repoured. We will be in our house 2 years in August and we have driven every street in [redacted] and the only houses we see with concrete problems are the Journey [redacted]. We watched the last five [redacted] built on our block right across the street form our house built by [redacted] and [redacted]. I noticed on each of these [redacted] they would spend one full day compacting the soil all the way around the entire house driveway included.. Maybe there is a little message there soil compaction works!.  :
Regards,
[redacted] and [redacted]

We have been in contact with the homeowner and reached an agreement.