Leisureland RV Center LLC

Mr*** entered into the standard MBA Home ConstructionContract on November 13, I will reference several items on this contractthroughout this letter, in the order in which they were brought up by Mr.***.Page 8, section paragraph states that “buyeragrees not to issue any
instructions, or otherwise interfere with, builderssubcontractors and suppliers, but will advise the builder of any issues relatedto the subcontractors’ and suppliers’ performance of the work.” Mr*** onseveral occasions asked subcontractors either to do work outside of thecontract or to do “side jobs”One such item was the half wall in the masterbathroomJewell Homes does several walk throughs on site at which time thiscould have been brought upMr*** requested that the half wall be addedback in on the final walk through, after all tile etcwas completed.Page 6, section 8, paragraph “Buyer will paya change processing charge of $for each change order issued by the builder.”In good faith we work with customers who have excessive change orders and oftentime do not charge them the $fee per contractWhen Mr*** demandedthat we install the half wall I told him that I would, but would have to chargehim the $change order fee on roughly itemsSince I could not prove thatthe carpenter was told not to install the half wall in the bath by Mr***,and due to Mr***s unreasonable timing of his demand, I was forced torevert back to the written agreement between us and gave Mr*** thecompromise of the situation spelled out.Page 5, Section B paragraph 3. “Buyer must make payment in full of thecontract price, as adjusted by all change orders, before buyer may takeoccupancy of the homeMr*** was under a time crunch to get moved intohis new homeI gave him the outline of our closing meeting, reminding him thatall bills will need to be paid.Jewell Homes uses a software program calledCo-Construct which clearly outlines what overages there are and where themonies are being allocatedBecause of a lot of confusion due to the difficultyof the customer there was a missed fee from the flooring supplierMr***was trying to pay for his flooring overages on his own, outside the scope ofthe project, and to the best of my knowledge that had been done since we weretired of the battles back and forthMr*** went through the final closeout accounting, noting that the upcharge for flooring was not on there, andJewell Homes received the overage bill several days after the closingWhen webrought this to Mr***s attention, he had the attitude of too bad so sad.At that point I directed all of my subcontractors to not set foot on thejobsite until we were paid in full for our servicesPrior to Jewell Homesbeing denied payment from Mr***, we were sending subcontractors in tocomplete the work as per contractJewell Homes did pay the subcontractor infull, that is why there are no outstanding liens on Mr***s home.Page 9, section “Based upon this inspection,a written punchlist will be prepared by the builder and buyer identifying itemsthat require touch up, repair and completion to conform to the requirements ofthe plans and specifications and this contract” I have a copy of the punch listand will address the issues that Mr*** claims are outstanding These punchlists are created so that the buyer and builder know what needs to be fixedprior to the buyer moving into the homeSome of the additional items mostlikely occurred after the buyer moved into the home due to buyer negligence:Tile half wall: previously discussed undernumber 1Drain to daylight: installed per specificationsExterior doors: On agreed upon punchlistGalvanized (shiny) flashing: Not on punch list,standard practiceDamaged siding: Not on punchlistGround breaker problems: not on punchlistGrading sloped towards house: Not on punchlist.As always rough grading is sloped away from the home at time of closing,however settling does occur for several years and per the contract, finalgrading is the responsibility of the buyer.Damaged veneer: Not on punchlistStains on concrete: added to punchlist by buyerafter occupancyDamaged exterior stone work: not on punch listDishwasher door springs thrown away: not onpunch listLoose hardware: not on punch listFix holes in fireplace: on punch list andaccepted Clean up construction garbage: This wascompleted twice prior to move in and once after move itIt is not the buildersresponsibility to clean up the buyers yard after occupancyRepair pothole near culvert: This again wasdiscussed several times between the buyer and the builderBuilder can repairthe weak asphalt that was damaged, however it will be at the buyers expense perthe contract.Lower foyer light: will be completed upon finalpaymentRecess electrical wiring: completed upon finalpaymentFinish or coaxial wires: ??? not sure whatthis is, not on punch listInstall island outlet: relocated per buyerAdd double switch in bonus room: credit given tobuyer per walkthrough with buyerFix drywall texture: not on punchlist,previously repaired drywall areasMr*** entered into the standard MBA Home ConstructionContract on November 13, I will reference several items on this contractthroughout this letter, in the order in which they were brought up by Mr.***Page 8, section paragraph states that “buyeragrees not to issue any instructions, or otherwise interfere with, builderssubcontractors and suppliers, but will advise the builder of any issues relatedto the subcontractors’ and suppliers’ performance of the work.” Mr*** onseveral occasions asked subcontractors either to do work outside of thecontract or to do “side jobs”One such item was the half wall in the masterbathroomJewell Homes does several walk throughs on site at which time thiscould have been brought upMr*** requested that the half wall be addedback in on the final walk through, after all tile etcwas completedPage 6, section 8, paragraph “Buyer will paya change processing charge of $for each change order issued by the builder.”In good faith we work with customers who have excessive change orders and oftentime do not charge them the $fee per contractWhen Mr*** demandedthat we install the half wall I told him that I would, but would have to chargehim the $change order fee on roughly itemsSince I could not prove thatthe carpenter was told not to install the half wall in the bath by Mr***,and due to Mr***s unreasonable timing of his demand, I was forced torevert back to the written agreement between us and gave Mr*** thecompromise of the situation spelled outPage 5, Section B paragraph 3. “Buyer must make payment in full of thecontract price, as adjusted by all change orders, before buyer may takeoccupancy of the homeMr*** was under a time crunch to get moved intohis new homeI gave him the outline of our closing meeting, reminding him thatall bills will need to be paidJewell Homes uses a software program calledCo-Construct which clearly outlines what overages there are and where themonies are being allocatedBecause of a lot of confusion due to the difficultyof the customer there was a missed fee from the flooring supplierMr***was trying to pay for his flooring overages on his own, outside the scope ofthe project, and to the best of my knowledge that had been done since we weretired of the battles back and forthMr*** went through the final closeout accounting, noting that the upcharge for flooring was not on there, andJewell Homes received the overage bill several days after the closingWhen webrought this to Mr***s attention, he had the attitude of too bad so sad.At that point I directed all of my subcontractors to not set foot on thejobsite until we were paid in full for our servicesPrior to Jewell Homesbeing denied payment from Mr***, we were sending subcontractors in tocomplete the work as per contractJewell Homes did pay the subcontractor infull, that is why there are no outstanding liens on Mr***s home.Page 9, section “Based upon this inspection,a written punchlist will be prepared by the builder and buyer identifying itemsthat require touch up, repair and completion to conform to the requirements ofthe plans and specifications and this contract” I have a copy of the punch listand will address the issues that Mr*** claims are outstanding These punchlists are created so that the buyer and builder know what needs to be fixedprior to the buyer moving into the homeSome of the additional items most likely occurred after the buyermoved into the home due to buyer negligence:Tile half wall: previously discussed under number 1Drain to daylight: installed per specificationsExterior doors: On agreed upon punchlistGalvanized (shiny) flashing: Not on punch list, standard practiceDamaged siding: Not on punchlistGround breaker problems: not on punchlistGrading sloped towards house: Not on punchlist.As always rough grading is sloped away from the home at time of closing, however settling does occur for several years and per the contract, finalgrading is the responsibility of the buyer.Damaged veneer: Not on punchlistStains on concrete: added to punchlist by buyer after occupancyDamaged exterior stone work: not on punch listDishwasher door springs thrown away: not on punch listLoose hardware: not on punch listFix holes in fireplace: on punch list and accepted Clean up construction garbage: This was completed twice prior to move in and once after move itIt is not the buildersresponsibility to clean up the buyers yard after occupancyRepair pothole near culvert: This again was discussed several times between the buyer and the builderBuilder can repairthe weak asphalt that was damaged, however it will be at the buyers expense per the contract Lower foyer light: will be completed upon final paymentRecess electrical wiring: completed upon final payment Finish or coaxial wires: ??? not sure what this is, not on punch list Install island outlet: relocated per buyerAdd double switch in bonus room: credit given to buyer per walkthrough with buyerFix drywall texture: not on punchlist,previously repaired drywall areasJewell Homes main source of business is through referrals.We strive to make every customer happy and work with them through problems.However, in some instances customers are unreasonable, difficult to work with,and try to deceive people and make for an unsatisfactory condition to work in.This happens to be the case here

attached is the revised punch list agreement

Yes,
all the executed changes from the electrical walkthrough are listed in the “Electrical
Changes.pdf” document previous attached. The second switch in the Bonus Room
and island outlet were not altered from our Plans and Contract with Jewell
Homes. Do you have a record of any additional electrical changes? If not, these
items remain in the Contract between Jewell Homes and the Homeowners and the
issue does not involve the Electrician’s Contract with Jewell Homes which I
have never seen.