Merrick Design & Build

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
The *** *** *** Condominium Association has reviewed the response from Merrick Design & Build, and as president David Merrick anticipated, does not find the response satisfactory Had Merrick Design & Build clearly communicated at the time we contracted their services in that the repair work to the front brick steps would only be partial and the warranty would exclude further problems due to efflorescence, we might have then asked (1) why the repair costs were so high if not to resolve the problem permanently; and/or (2) what would it cost to fully resolve the problem permanently if the contracted services were only partialThe Association has gone back to review all communications with Merrick employees over the course of this matter and at no time did anyone ever represent that the repair work being contracted was not a full and final solution to the paint chipping and bubbling for which Merrick's services were engagedIndeed, no one ever mentioned "efflorescence" until the December meeting to review the recurring problemThe *** *** Association simply cannot understand how, as a matter of business practice, the services represented as fully resolving the problem for which they had been engaged should not receive the explicit five year warranty coverageWhat is the purpose of advertising a warranty if the business determines it inapplicable for reasons never previously identified nor communicated to the customer? David M*** himself proposed the solution of a refund during his visit to our building in December 2013, but later stepped back from that offer, leading to our decision to file a Revdex.com complaint.
Our Association would like to proceed to an arbitration hearing as we feel we have reached an impasse.
Regards,
*** *** *** Condominium Association

Note to Revdex.com Staff
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them by mail.  For now I have added you as a safe sender but as spam filters become more sophisticated that seems to change.Response:
The customers statement that Merrick was hired to remedy paint bubbling and chipping is only partially true. The paint bubbling and chipping were the symptoms behind structural defects in the front stoop, we were hired to make the required corrections, in fact the bulk of what the customer paid for were these structural corrections and our 5 year warranty remains in affect for these repairs.
The bubbling and chipping paint is caused by Efflorescence.  Efflorescence is a byproduct/symptom of water infiltration into a structure. Efflorescence can not be eliminated once it has started and products sold for this purpose do not work. Efflorescence is a cosmetic defect only. The bulk of our work was to stop water infiltration into the stoop and in fact only a small portion of what the client was charged was for painting work.
Our warranty references the 2nd edition of NAHB's "Residential Construction Performance Guidelines".  This reference specifically excludes cosmetic paint problems caused by EFFLORESCENCE  which is the cause of the continuing symptoms of bubbling and chipping paint.  The structural repairs we made are sound and affective and we therefore have rejected the customers claim for a refund.
I have offered this explanation to the customer in great detail, providing reference material on Efflorescence to help them understand the problem better.  Once Efflorescence is present it does not go away even after the structural corrections that cause the Efflorescence have been corrected.  Efflorescence is also poorly understood in the industry and documentation is evolving as is evidenced in the NAHB's publication.  The relevant section has been edited and changed with each edition (currently at  the 4th edition) although the basic principal that the contractor is not responsible for this condition since it is out of our control has not changed.
I'm sure this response is not going to be satisfactory to the customer and would offer to take the next step in resolution and participate in an arbitration hearing if the customer so desires. 
David M[redacted], MCR, UDCP
President Merrick Design and Build

Review: During the time that Merrick was working on my home a large amount of property went missing. I am not alleging a criminal act committed by Merrick's employees. However, I have ample documentation that I feel presents a compelling case that Merrick is liable for the losses. Due to the public nature of the complaint, I do not want to go into more detail here in order to not damage Merrick's business reputation. However, I would like Merrick to fairly compensate for the losses. Please let me know how to provide additional information before you contact the business.Desired Settlement: A refund for the amount of our losses ($8,947.74) so that we can cover our insurance deductible, can repay the insurance company, and can have the claim removed from our claims record. Furthermore, we request compensation for the increased homeowners insurance rates paid since then - approximately $300 so far.

Consumer

Response:

Thanks for the reply.