J.V.S. Harvest Builders

Initial Business Response /* (1000, 8, 2017/06/08) */
In response to the complaint received by the Revdex.com from Mr& Mrs*** concerning their home, there are a number of statements in their complaint to which MGM Properties, Inc disputes, beginning with an inaccurate timeline and lack of valid
support documentation as to the justification of the procedures performed at the ***'s sole discretion
It is not our protocol to remit funds on demand for repairs completed by an outside contractor while under our builder's warranty, especially without validation of the necessity of the procedures performedThus, we have submitted Mr& Mrs***'s complaint, along with their demand for $6,175, to legal counsel
***, Attorney at Law, will be mediating the dispute and striving to achieve a satisfactory solution for both parties

Initial Business Response /* (1000, 7, 2017/02/28) */
Contact Name and Title: [redacted], President
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@gmail.com
To Whom It May Concern,
Prior to receiving this Revdex.com complaint the first written notification MGM Properties received regarding...

any potential issue concerning the [redacted]'s residence was via a certified letter from the Attorney General of Missouri in December 2016 - over three and three-quarter years after the homeowner's took possession of their residence. The complaint filed with the Attorney General's office substantiates this fact as, in Mr. [redacted]'s own words, 'I have not contacted [redacted] about this...'

To provide a little background, MGM Properties, Inc. was contracted by Mr. and Mrs. [redacted] in August 2012 to build their custom home. The home, as it was custom built, was constructed to their exact specifications and completed in April 2013.

As a custom build the [redacted]'s were unrestricted in utilizing any HVAC system, and any number of HVAC units, they chose. At no time during construction did MGM Properties, nor [redacted] as its Agent, 'promise two (2) compressors'; it was discussed/planned during initial bidding based on what the [redacted]'s desired, however, after a discussion with Mr. [redacted] as to the sufficiency of a 5 ton unit, with a zoned control board to keep the temperature consistent between the upstairs and basement, the [redacted]'s elected to forgo two (2) separate units and utilize one (1) 5 ton system, thus permitting them to reallocate their funds and place emphasis on other desired aesthetic aspects of their home.
Mr. [redacted] is alleging MGM Properties committed 'fraud in telling the [redacted] the benefits...' MGM Properties does not feel it is "fraud" to educate our clientele with the various options available to them. We find informed consumers are customarily more pleased with their choices. Obviously, the [redacted]'s are not pleased with the choices they made.
Regardless, MGM Properties, Inc. has a standard one (1) year builder's warranty. Provided we had been notified within the first year of ownership we would have voluntarily sent out a professional HVAC certified technician to ensure the system chosen by the [redacted]'s was operating correctly.

Mr. [redacted] states they 'did not discover the problem until the summer of 2015'- this was two years after they took possession of the home, and 3 3/4 years before they made a claim with the Attorney General's Office. Mr. [redacted] goes on to state 'In the summer of 2016 the AC coil became encased in a one inch block of ice and stopped working. . .'; a frozen coil is a sign of a leaking coil or low Freon levels and indicates a maintenance issue. Additionally, any maintenance issue left unaddressed will only cause further problems and potential system failure. Mr. [redacted] acknowledges in his previous filed complaint that he contacted [redacted]'s Heating & A/C, the contractor whom installed the original system, to 'replace a leaking coil' but received no response. Though that has not been the history MGM Properties has experienced when working with [redacted]'s Heating & A/C, we can only take Mr. [redacted]'s word on this. Nevertheless, MGM Properties is not responsible for any subcontractor's actions when hired directly by the homeowner. Additionally, based upon what we can determine from Mr. [redacted]'s correspondence, as this contact was apparently 2+ years after the one (1) year warranty expired, [redacted]'s Heating & A/C had no obligation to respond under a warranty claim. The unanswered question remains, how long did Mr. [redacted] operate the system knowing there was an obvious maintenance issue.
Mr. [redacted] indicates he was forced in 2016 to hire '[redacted] Kerns, an HVAC specialist, to diagnose the problem with the air conditioning unit'. Mr. [redacted] submitted an 'analysis' from Mr. Kern's stating it was his opinion 7 tons is necessary for proper cooling but 'to get a more precise sizing requirement, a Manual "J" calculation should be preformed '; to MGM's knowledge this was not completed. As we are unfamiliar with the contractor and his credentials, we can only take the word of the [redacted]'s that this individual is indeed a "HVAC specialist".
MGM Properties has constructed at least five (5) other houses, in the same subdivision and of similar design, all of which have the same five (5) ton system, with no noted complications. Prior to building any new home the design plans must be developed and approved. Said plans, drawn by local licensed architects, include mechanical plans. The plans are reviewed by licensed mechanical technicians, with load requirements calculated. The calculations for the [redacted]'s project, completed first by Ozark Heating & Cooling, indicated a 4.3 ton cooling load requirement. A second calculation was completed by CFM Distributors, Inc., the local York distributor in the area. Their calculations indicated a cooling load requirement of 4.79 tons. Both calculations indicate that the five (5) ton unit being utilized in the [redacted] home is sufficient. Thus, MGM Properties disputes the [redacted]'s assertion that the system is insufficient and 'much to small' based on the findings of their "HVAC Specialist".
In regards to the [redacted]'s complaint regarding the '$55,000 in profit', it is our understanding the [redacted]'s solicited other builders and bid out their project, finally choosing MGM Properties as the contractor for their custom construction, knowing in advance the cost for said services. As the [redacted]'s signed a contract, detailing and agreeing to, the contractor's fee prior to construction, we do not see how the amount of any contractor's fee received by MGM Properties, Inc. represents fraud. Further, it is MGM's opinion the verbiage expressed in the [redacted]'s grievances borders on slander. The only error MGM Properties may have made was in trusting Mr. [redacted] knew what he really wanted when he authorized modifications from the initial bid. In hindsight, all his modifications should have been processed via a change order as a reminder to him of what he ordered and authorized.
In summary, the "analysis" performed by Mr. Kerns is disputable based upon the two other recognized professionals, as is the validity of the complaint by Mr. [redacted]'s as it is being made over 3 3/4 years after the completion of the residence. We feel this complaint is unjustified as MGM Properties acted only in the best interest of the [redacted]'s by educating them on the options available to them. MGM Properties should not be held liable for the [redacted]'s remorse in the allotment of their construction budget nor the potential issues resulting in questionable preventative maintenance.
We regret the [redacted]'s are dissatisfied with their decisions; nevertheless, we refuse to play a he said/she said game. Thus, despite the fact that the [redacted]'s are 3 3/4 years into their residency, in an attempt to ensure the unit chosen by the [redacted]'s is operating correctly, MGM Properties has scheduled an inspection of the system for 10 a.m. on Friday March 3rd. Attendees are to be: [redacted], builder representing MGM Properties; [redacted] Swearengin of [redacted]'s Heating and A/C, the contractor whom installed the original unit; [redacted] legal counsel for MGM Properties; [redacted] and [redacted], homeowners; it is our understanding upon receiving physical documentation of the case, the [redacted]'s attorney recently withdrew from the case, thus it is unknown if they will have legal representation at said meeting.
Regardless of the outcome of the meeting, we are aware you cannot please 100% of the people 100% of the time. Thus, we will allow our 19 year reputation from our 1,500+ satisfied clients, along with the 18+ years A+ rating we have carried with the Revdex.com, to speak for itself in regards to our integrity and professionalism.
Regards,
MGM Properties, Inc.
Initial Consumer Rebuttal /* (3000, 9, 2017/03/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Their response is full of falsehoods and I received one bid to build the house, from [redacted]. The houses of similar design are at least 600 sq. ft. smaller. [redacted] lied to me that one 5 ton unit "would save on maintenance costs". I had to add $10,000 to the flooring allowance so we could get decent flooring and to think I would try to save money on one of the most critical components of a home is ludicrous. Since their response brought this up we talked to [redacted] before he bid the house and asked for $10,000 MORE money to be placed in the flooring allowance. As my papers show the total flooring allowance was $14,350.00 and at the closing my wife and I asked him to change this on the contract. He told us to "trust him" and he finally scribbled something on the BACK of the contract which of course is not copied. I do not wish ill will on MGM properties but in the building process and now with the HVAC issue, it is time to let the public know what kind of company they will be dealing with. I tried to get [redacted] to see/fix the problem but he was lost to contact I am assuming because of being told by Mr. [redacted] to avoid me. All my facts are accurate and the only supposition is the reason [redacted] stopped responding. The coil did NOT have a leak As Hoped as I would have gladly paid the money to replace it. We turned the AC to "full blast" and no detection of a Freon leak was discovered. All of my accusations are true and all the supporting information is true. My wife and I will gladly take a polygraph test at any time to prove that my complaint is based and supported by truths. I am not surprised they lied to the Revdex.com as they lied in their response to the Missouri Attorney General.
In the Revised Missouri Statutes there is a law
Chapter 436 Subsection 436.356 which discusses the remedy required of a builder when there is a construction defect. This does not even cover the fraudulent nature of Mr. [redacted] misleading the Conners to make extra profit. As stated previously due to the design of the duct system and only one 5 ton unit I cannot even keep the upper 2600 sq ft. of the house cool or heated, much less the basement. Their own expert said the needed heating BTUs of this house is 113,000 and the one furnace maxes out at 100,000 BTUs. MGM and [redacted] are coming to inspect the problem March 3, 2017 even though he is fully aware of the problem. I hope this builder has some sense of decency and his pride will allow him to pay to fix a $400,000.00 home which he has left unlivable. Again I stand by every word of my complaint and all the supporting documents. All we heard from [redacted] of MGM properties was "trust me" and we did. I hope [redacted] can end this problem for his business and his trusting home owners and do the correct thing.
I also hope the Revdex.com publishes ALL my supporting documents as their response is an insult to my family and the Revdex.com.
Sincerely,
[redacted] and [redacted]
Final Business Response /* (4000, 21, 2017/03/21) */
In response to Mr. [redacted] March 20, correspondence. MGM Properties has attached in a prior response its offer of settlement and Mr. [redacted] response. The curative work is expected to be completed in the next several weeks and no further action or response is not necessary until that curative work can be assessed by the parties.
Final Consumer Response /* (2000, 27, 2017/05/09) */
The above case against MGM Properties, Inc. has been quickly resolved to my satisfaction. If not already done, please remove all my statements and supporting documents against [redacted] and MGM Properties, Inc. Thank you and the Revdex.com for being present for the consumers of this nation. If there is anything else I need to do so as not to have a negative impact on MGM Properties, Inc. and [redacted] please let me know.
GOD BLESS the USA and US
[redacted]