Contractor's Response to Complaint #[redacted] filed 12/7/2016 Armour Construction sent a certified letter as a written response to the customer regarding their claim for a construction defect pursuant to Ind. Code§ 32-27-3-4. The statutory requirement provides that within twenty-one (21) days...
after service of a written notice of claim, the construction professional must serve a written response on the claimant. As Armour Construction previously informed the claimants, the tile work is not covered under the warranty included in the contract between Armour Construction and the claimants for the following reasons: I. On approximately August 30,2016, Armour Construction and the tile sub contractor offered to tear out the entire shower and correct the tilework (including the shower pan, waterproofing, curb, and tile) to the claimants' satisfaction because the claimants deemed the tile to be defective or non-conforming. 2. On approximately August 30,2016, the claimants refused to allow Armour Construction and the tile sub-contractor the right to remedy the workmanship, as provided per the contract, and demanded that Armour Construction and its sub contractor to vacate the home. Pursuant to the contract section 7, it states that "If within the one year correction period Owner discovers and does not promptly notifY Armour or give Armour an opportunity to test and/or correct the defective and non-conforming Work, Owner waives the right to claim a breach of warranty." Claimant's refusal to allow Armour Construction to correct the work waived their right to a warranty request. 3. On approximately August 30, 2016, the claimants refused to pay Armour Construction for all costs (including both labor and material) associated with the tile work in the upstairs bathroom in the sum of$3,125.00. 4. On September 6, 2016, Armour Construction sent an email to claimants in an attempt to resolve the issue and agreed to deduct the $3,125.00 from the contract price because claimant wanted to get someone else to remove and replace the tile in the shower. 5. On November 24, 2016, claimants requested Armour Construction to correct the tile work they previously refused to allow Armour Construction to repair and refused to pay for. 6. On November 24, 2016, Armour Construction inspected the home, which showed that water was leaking through the shower tile and curb area. 7. On approximately November 30,2016, Armour Construction notified claimants that it would not correct the tile issues as it is not covered by the warranty as claimants wanted a warranty on something they refused to pay for in the first place. 8. On approximately November 30, 2016, Armour Construction notified the claimants that if they were willing to pay Armour Construction the original contract value for the tile work in the amount of$3,125.00, Armour Construction would be more than willing to bring the tile sub-contractor back out to the home to correct the issue as previously offered. 9. On approximately November 30,2016, the claimants refused ArmourConstruction's offer to correct the tile work. For the same reasons that were initially explained to the claimants and outlined above, Armour Construction reasserted, via a certified, written response that the claim for the construction defect is being disputed and Armour Construction will not proceed further to remedy the claim. In addition, the following events occurred: 10. On approximately November 30, 2016, the claimants continued to demand that Armour Construction provide some type of solution to their problem. Armour Construction, in an effort to provide the claimants with some type of help, offered to try to contact other tile sub-contractors to provide an estimate of costs associated with tearing out and rebuilding the shower floor. Amour Construction provided an approximate date of December 5, 2016, to provide the claimants with a response. Armour Construction contacted several tile sub-contractors; however, none were willing to perform or provide an estimate for the job. Armour Construction continued to brainstorm possible tile sub-contractors prior to contacting the claimants again. Before Armour Construction could contact the claimants to explain the difficulties they were facing finding a willing tile sub contractor, the claimants sent Armour Construction a certified complaint letter and filed the complaint with the Revdex.com. II. On December 15,2016, Armour Construction sent the claimants a certified response letter, per the terms of the signed contract. Please also note that the claimants were advised that if they decided to pursue this matter further, pursuant to section II of the contract, all disputes are to be resolved pursuant to arbitration with the American Arbitration Association.Kevin M. Armour
Contractor's Response to Complaint #[redacted] filed 12/7/2016 Armour Construction sent a certified letter as a written response to the customer regarding their claim for a construction defect pursuant to Ind. Code§ 32-27-3-4. The statutory requirement provides that within twenty-one (21) days...
after service of a written notice of claim, the construction professional must serve a written response on the claimant. As Armour Construction previously informed the claimants, the tile work is not covered under the warranty included in the contract between Armour Construction and the claimants for the following reasons: I. On approximately August 30,2016, Armour Construction and the tile sub contractor offered to tear out the entire shower and correct the tilework (including the shower pan, waterproofing, curb, and tile) to the claimants' satisfaction because the claimants deemed the tile to be defective or non-conforming. 2. On approximately August 30,2016, the claimants refused to allow Armour Construction and the tile sub-contractor the right to remedy the workmanship, as provided per the contract, and demanded that Armour Construction and its sub contractor to vacate the home. Pursuant to the contract section 7, it states that "If within the one year correction period Owner discovers and does not promptly notifY Armour or give Armour an opportunity to test and/or correct the defective and non-conforming Work, Owner waives the right to claim a breach of warranty." Claimant's refusal to allow Armour Construction to correct the work waived their right to a warranty request. 3. On approximately August 30, 2016, the claimants refused to pay Armour Construction for all costs (including both labor and material) associated with the tile work in the upstairs bathroom in the sum of$3,125.00. 4. On September 6, 2016, Armour Construction sent an email to claimants in an attempt to resolve the issue and agreed to deduct the $3,125.00 from the contract price because claimant wanted to get someone else to remove and replace the tile in the shower. 5. On November 24, 2016, claimants requested Armour Construction to correct the tile work they previously refused to allow Armour Construction to repair and refused to pay for. 6. On November 24, 2016, Armour Construction inspected the home, which showed that water was leaking through the shower tile and curb area. 7. On approximately November 30,2016, Armour Construction notified claimants that it would not correct the tile issues as it is not covered by the warranty as claimants wanted a warranty on something they refused to pay for in the first place. 8. On approximately November 30, 2016, Armour Construction notified the claimants that if they were willing to pay Armour Construction the original contract value for the tile work in the amount of$3,125.00, Armour Construction would be more than willing to bring the tile sub-contractor back out to the home to correct the issue as previously offered. 9. On approximately November 30,2016, the claimants refused ArmourConstruction's offer to correct the tile work. For the same reasons that were initially explained to the claimants and outlined above, Armour Construction reasserted, via a certified, written response that the claim for the construction defect is being disputed and Armour Construction will not proceed further to remedy the claim. In addition, the following events occurred: 10. On approximately November 30, 2016, the claimants continued to demand that Armour Construction provide some type of solution to their problem. Armour Construction, in an effort to provide the claimants with some type of help, offered to try to contact other tile sub-contractors to provide an estimate of costs associated with tearing out and rebuilding the shower floor. Amour Construction provided an approximate date of December 5, 2016, to provide the claimants with a response. Armour Construction contacted several tile sub-contractors; however, none were willing to perform or provide an estimate for the job. Armour Construction continued to brainstorm possible tile sub-contractors prior to contacting the claimants again. Before Armour Construction could contact the claimants to explain the difficulties they were facing finding a willing tile sub contractor, the claimants sent Armour Construction a certified complaint letter and filed the complaint with the Revdex.com. II. On December 15,2016, Armour Construction sent the claimants a certified response letter, per the terms of the signed contract. Please also note that the claimants were advised that if they decided to pursue this matter further, pursuant to section II of the contract, all disputes are to be resolved pursuant to arbitration with the American Arbitration Association.Kevin M. Armour