Richardson Construction Inc

The outstanding items the homeowner is claiming to remain on the punch list are as follows:
1) Carpet in the dining room pulling away from transition strip at kitchen
2) Scratched countertop in kitchen
3) Dent in oven door handle
4) Damaged concrete in valley
drain pan
We have had numerous communications and site visits with the homeowner over previous punch list items as evidenced in the attached documents. The first item is in dispute as the homeowner retains multiple dogs in the house that may have caused excessive wear and tear beyond warranty coverage from the manufacturer. Also, this item was not present on the 1-year warranty walk through and thus will not be covered under our warranty. Items & were the result of a subcontractor falling and damaging the countertop and oven handle while performing another repair. This should not even be included in a punch list and should be handled directly with the subcontractor in question. The final item, concrete valley pan, was installed at the request of the City of Cheyenne to assist with erosion control between the backyards of the
housing development. Although it has cracked, the valley pan still performs as it was intended during initial construction. At the request of the homeowner, we did perform routing and sealing of this crack but did not improve or hinder the performance of the valley pan
Two of these items were not the result of craftsmanship or material defects and do not apply to our punch list. The carpet item has extenuating circumstances with animals begin present in the home and was not
reported prior to the 1-year warranty walk through. The concrete item has been repaired however still functions as it was intended and does not need additional repair

Complaint: [redacted]
I am rejecting this response because: The response contains statements that are not accurate and are misleading. The attached punch list was created as evidenced computer logs on June 2, 2012, less that than six months after I moved in. The one year inspection was conducted on February 18, 2013, eight months after the original punch was created.
 
1) Carpet pulling away from transition strip at kitchen. Richardson Construction statement that this item was not present on the 1-year warranty walk through is wrong. Please refer to #5 on the attached punched list a copy of which was handed to the person doing the walk through. Again please note the list was created June 2, 2012, and handed to him seven months later so this item was indeed on the walk through punch list. I also called him immediately after he left to make sure he had seen this particular item becau se it was the only item on which he had made no verbal comment about the repair needed. The carpet manufacturer's warranty mentioned in the Richardson Construction response covering wear and tear does not apply to improper/ incomplete installation of the carpet edge into the transition strip. 
4) Damaged concrete in valley drain pan 
Richardson Construction comments about the valley drain pan being installed at the request of the city and that it preforms as intended are not applicable to this warranty item. Richardson Construction installed the valley drain pan and it cracked completely across the width allowing water to drain under the pan causing the soil base under the pan beyond the crack to erode away. It was NOT preforming as intended. One repair by routing and sealing was attempted in January, 2013, but it failed in one area allowing water to once again drain through the crack and erode the soil base beyond the repair. I mentioned this a week later to the employee who effected the repair and he promised to return and fix the area that failed. He never did. No attempt was made to ensure the soil base beyond the crack was still stable enough to support the valley pan in the proper position to function as intended. 
2 Scratched countertop in kitchen 
3)Dent in over door handle 
This the first time in all my previous attempts to effect 1-year warranty repairs it has been mentioned these two items are not warranty repair items and should be handled directly with the subcontractor in question. What I was told during the February 18, 2013, walk though is that Wyoming Building Supply had personnel who patch the scratched area so it could not be seen. I was also told the subcontractor had insurance to cover damage to the oven door handle and would take care of the replacement. NEVER was I told to contact the subcontractor directly. The subcontractor did stop when I was walking my dogs one day in April, 2013, to tell me he was aware of the damaged oven door handle and would take care of it. Until my initial letter to the 866 no further contact with me was attempted and the door handle had not been replaced. The subcontractor did appear at my door March 26, 2014. He asked for the order number of the door handle which I had previously given to him April, 2013. As of this April 24, 2014, no action has been taken to replace the oven door. A second subcontractor showed up March 28, 2014, telling me the countertop was going to be replaced rather than simply repairing the scratched countertop. Once again no action has been taken to repair or replace the countertop.  I see no reason why Richardson Construction should not effect 1-year warranty repair items numbers 1 and 4 as listed in this letter. Now that I have been informed 14 months after the fact that I should address items 2 and 3 with the subcontractor I will do so even if it requires a new letter to the EBB regarding the subcontractor responsible. 
Regards, 
[redacted]