Silvestri Custom Homes, Inc.

The last correspondence, dated March 2016, we received regarding this matter from *** Insurance
(Silvestri's Insurance) stated that they have denied all claimsThe last communication I have had with the Silvestri's was on Friday March 25, At this time, I spoke on the phone with Joe Silvestri and he had no solution but to say he would try to reach the subcontractor who installed the drain linesIt is now April 21, and I have tried to contact Joe or Carlos Silvestri for an update, plan or resolution and they have not returned my callsWe are not aware of or have been informed of any efforts on the behalf of the Silvestri's to resolve this issueNor have we received any further communication from *** Insurance Company

We have been and continuing to work with the insurance company and our agents to come to a close to this matter ASAPWe are currently reviewing the subcontractors coverage and liabilityOnce the proper subcontractor can be determent, that should help resolve this matterall contact information has already been given to all partiesWe would like to get this resolved ASAP

Hello.This will be my last reply to *** *** and his complaint The signed spec sheets do not include irrigation The signed BIA contract does not include irrigation These two documents contain signatures by both builders and customer.Silvestri is a custom builder We do have a standard features list that is used for marketing and used as a starting point Every home we build is customThe buyers add to or delete to the standard features list and this is how a final price is determined All included items are noted in the signed Spec sheet.Thanks.Joe S***

Attached are:Pricing Clarifications and OptionsStandard Features list and BIA WarrantySpec SheetThe Pricing and Clarifications and Options document contains our 2 contracts (Pages 1-2 are the first;  pages 3-4 are the revised/final).  Pages 5, 6 and 7 were never signed, but clearly show that when irrigation is deleted, it comes with a $2500 credit.  Again, those pages are no contracts, but when looking at the spirit of the contract, and the seller's intent, any reasonable person can see that irrigation has a $2500 value.As you can see, the Standard Features list was initialed as part of our contract.  It would make no sense for a builder to have their customers initial their Standard Features list, unless those initital were to indicate that, as the customer, you understand that your home will included THESE standard features:  No more, no less.  If Silvestri Homes LLC wants people to initial their standard features list, they should first cross out any feature not included. Joe S[redacted]'s contention that irrigation isn't included because it's not listed in the spec sheet that I've attached, would suggest that EVERYTHING listed in the standard features is listed on the spec sheet.  It is not.  For example, "Expansion tank" is on the spec sheet, yet nowhwere to be found on the spec sheet (yet my home had an expansion tank installed)  Joe S[redacted]'s explanation is also inconsistent, because I also told Joe S[redacted] that we wanted to remove the shutters.  Joe quoted a price of $350/pair, and we had 3 pair for a total of $1,050.  You will see that shutters ARE listed on the spec sheet, yet Joe Silvestri states that he didn't charge me for it.Joe makes arguments to fit his cause.  Although I saw Joe's response that this would be his last reply to my complaint, I felt it was important for other consumers to see the entire complaint, and is why I've taken time to respond despite Joe's last response.Thank you![redacted]

Good morning [redacted],we have been working with our insurance company to rectify the issue. The sub contractors have been put on notice and their insurance companies have been notified.thanks

Good morning. In response to complaint of [redacted].
The signed spec sheets and the signed BIA contract DO NOT show an irrigation system. Buyers are told to review spec sheets and contracts carefully before signing. If items are not listed as included on the specs and BIA contract then they...

are not included in the home.
The $492.20 charge was paid by the customer up front before we implemented the approved change . , the customer paid up front before we made the change. The customer approved changing the inside slope of the vaulted ceiling from a 4/12 pitch to a 5/12 pitch. This change made the vault inside the home steeper.
Thanks. Joe S[redacted]

I reject Joe S[redacted]’s explanation because it is
inconsistent with how the contract and Standard Features List was portrayed to
us, and portrayed in general to any potential customer (which perhaps is more
important – I’m just one person)
Silvestri Homes LLC markets their homes as including certain
“Standard Features”, one of the benefits of building with them.   You can see these on the website below, assuming they have not since removed them:
[redacted]
The attached fax named "Silvestri, STandard features list" was given to us by
their sales person, [redacted], who had us initial it as part of our contract with
them.  Our initials appear at the bottom,
as well as [redacted]’s.  You will note
that Irrigation is listedWhy would a builder have a customer initial a standard
features list, unless it was to document the customer’s understanding that this
is the list of standard features - no more, no less - that their house would
include?  If our initialed standard
features list was NOT to include irrigation, then their procedures are confusing
at best, and intentionally deceiving at worst.
As additional proof that irrigation was a standard feature,
and one should be credited when removed, the attached  fax named "Silvestri, Irrigatin Deleted_Credit" includes two pages of prior Pricing
Clarifications and Options list.  On
these pages (each of which are different since we made several changes prior
to the final contract being signed) you will note that irrigation is credited
as $2,500 towards the bottom of the page on both. So it's very clear that the standard feature of irrigation was: 1) Included in our home2) Had a $2,500 value
Logically, it makes no sense for Silvestri Homes to document
a $2,500 credit when removed, but then suggest they didn’t charge me $2,500 when it wasn't removed on our final contract, and then not credit us when we we asked to remove it at a later time.  That’s just being dishonest.
Regarding the $492 overcharge for vaulting my ceiling:
 The fax named "Silvestri, Vaulted Ceiling" shows that “Vaulted Great Rm, Foyer, Kitchen/Dinetts" is free,
listed as $0.00 (towards the very top, right under “Pricing Clarifications and
Options”)
Joe asserts that I made a "change" in the plans.  This is incorrect.  The architect's original plans were incorrect, since they showed a cathedral ceiling, not a vaulted ceiling, as my contract indicates (you won't find the word "cathedral" anywhere in my contract)A cathedral ceiling has equal sloping sides, meeting in the middle at the apex of the room. A vaulted ceiling can have unequal sloping sides.I don’t doubt that Silvestri Homes had to order different trusses which cost more money to correct this and give me the vaulted ceiling my contract called for.However, Joe S[redacted] is a professional homebuilder.  For him to suggest he doesn't know the difference between a vaulted ceiling, and a cathedral ceiling (and the differences in price for the different trusses) is outright ridiculous.So for him to say that he had to order different trusses to get the "pitch" I wanted is being disingenuous, as he makes it sound like I changed my mind in the middle of the process, when in fact his architect drew a cathedral, not a vaulted, ceiling.I shouldn’t have to absorb the cost of the builder’s
mistakes when writing a contract, or ordering the trusses (or wherever  in the process Silvestri Homes made their
mistake) 
And just as a matter of principal and good business practice:  I had just taken out a mortgage for over $330,000, all of which went to Silvestri Homes...and they can't absorb THEIR mistake for $492??That's pretty ticky tack. 
I also deal with contracts in my day to day job, and when I
write a contract incorrectly, I have to live with the consequences of
that and absorb the costs of my mistakes.  I don’t see why Silvestri Homes
LLC should be held to a different standard.
As the saying goes, “A contract is a contract”Regards,
[redacted]