Westcott Holding

Ms [redacted] 's response again deflects from the position that fences are not warranted; this is a homeowner's responsibility Further, according to Washington State Building Code Section 14.80, this states a permit is needed at time of building if the retaining wall is 4' or higher There is no mention of this being a "structural" component of the building.On March I questioned the cost Ms [redacted] was being quoted for fence work I suggested she (and her neighbors) might want to seal their fences as well as use metal braces for additional strength if they felt it was necessary Further I stated that, if willing, the original fence company might agree to come back and review the fencing but this would not be at Westcott Homes' expense It is unfortunate that the owners of the Alderwood properties do not understand that this is not a warrantable matter This is a homeowner maintenance matter and again, not one that Westcott will undertake Last week the State Attorney General agreed with our position after Ms [redacted] filed a complaint with them As a representative of Westcott Homes I consider this matter closed

Complaint: [redacted] I am rejecting this response because:As Ms [redacted] wrote on her response that a permit is needed for a retaining wall when in fact Westcott did not apply a permit to build that retaining wall As it stands now that retaining wall is about to collapse because it was built below the standards the Snohomish Planning and Development will allow or approve.Our backyard neighbor who owns the property adjacent to and facing that retaining wall also complains about the poor workmanship and the inconvenience this wall has caused to them It is such a disservice to our community by whatever means Westcott built that wall It is frustrating that Ms [redacted] continues to downplay the issue of the retaining wall We, as homeowners will be glad to fix our fence ONLY IF Westcott will fix the retaining wall that holds the fence line Until the time they fulfill this request, I do NOT and will NOT consider this case closediT IS MORAL COWARDICE FOR Westcott TO BE FACED WITH WHAT IS RIGHT AND LEAVE IT UNDONE! Sincerely, [redacted]

Complaint: [redacted] I am rejecting this response because:Rebuttal to [redacted] ’s response:Retaining walls are structural components of building and construction projects, for business and residential purposes(Reference: Chapter Washington State Building Code)Ms [redacted] response continues to undermine the main point of the issue - the existing retaining wall serves as the foundation of the fence line Due to the poorly constructed retaining wall, the wooden fences are at risk of collapsingAs noted, repair has been done on these fences within the first four years after construction, prior to the sale to the second generation of homeowners The problem recurred as a matter of factA temporary fix will not work long term Therefore, the retaining wall should be addressed on full scaleThe retaining wall is situated on the west side of the property, in order to inspect and scrutinize it, you must obtain permission from owners of several private properties in order to have access and conduct a thorough inspection and more appropriately should be conducted by an engineerMost inspectors (who carry out the inspection prior to final sale of a real property) are not licensed engineers, hence the disclaimer that exempts them from future liabilities after sale of the house/propertyDuring the visit and conversation with Ms [redacted] on March 6, 2017, she claimed that opinions from the three contractors were wrong Yet she told me to put metal braces on the wooden planks of the retaining wall When I asked her why they did not put the metal braces in the first place, Ms [redacted] could not provide a reasonable answer Westcott as represented by their warranty director, Ms [redacted] ’s opinion is in opposition to three licensed professional contractors who specialize in fence and retaining wall constructionOne opinion versus three expert opinions from licensed professional contractors! The fences have been repaired at least once but the problem recurred because the root cause of the problem is the poorly constructed retaining wall Estimated cost of retaining wall per lot is quoted to be more or less $ Ms [redacted] offered to have one of their staff check our properties and give us a quote on the repair but emphasized that Westcott will neither repair the damage free of charge nor cover the cost of repair if we hire private contractors Ms [redacted] also mentioned that if they will agree to repair then we (homeowners) should pay Westcott for the cost of the repair If they failed the first time, why would we allow them to profit again from our hard earned money to fix a sloppy work they did in the past? They already profited from a poor workmanship so why would we pay them again to fix something they failed in the first place? Most important of all, they are opposed to three independent contractors who gave us an honest assessmentIt's three against one who obviously protects their company's interest The bottom line is that existing retaining wall is a physical testimony of Westcott's collapsing integrity As one of the homeowner have said: “Its true Westcott failed us not once but twice: once in building, second in making good during the confrontation with youWe do not have any reason to trust Westcott.” Sincerely, [redacted]

FACTS:The Alderwood Ridge development sold the first home in October 2009, the last sale was January 2010.Retaining walls were built by the former owner of the property approximately 2007-and were approved by the fencing contractor for this development.All homeowners noted in this matter are
2nd owners of the properties If this was viewed as defective it should have been noted in the sales agreement and disclosure by original owner.Fencing is not covered in a homeowner warranty(NAHB's Residential Construction Performance Guidelines).Remaining warranty of these properties covers the structural components of the home(s).Fences/retaining walls were never sealed/stained (homeowner responsibility) and show evidence of exposure to elements over the years. On my visit to the property in early March I noted no maintenance on the retaining wall/fences in question had occurred Fencing is a matter that is not covered by any warranty and the homeowners are now seeking someone to pay the bill for corrective work to be done, approximately years after the retaining walls/fences were built Westcott Homes denies responsibilty for this claim

Complaint: [redacted]
I am rejecting this response because:As Ms. [redacted] wrote on her response that a permit is needed for a retaining wall when in fact Westcott did not apply a permit to build that retaining wall.  As it stands now that retaining wall is about to collapse because it was built below the standards the Snohomish Planning and Development will allow or approve.Our backyard neighbor who owns the property adjacent to and facing that retaining wall also complains about the poor workmanship and the inconvenience this wall has caused to them.  It is such a disservice to our community by whatever means Westcott built that wall.  It is frustrating that Ms. [redacted] continues to downplay the issue of the retaining wall.  We, as homeowners will be glad to fix our fence ONLY IF Westcott will fix the retaining wall that holds the fence line.  Until the time they fulfill this request, I do NOT and will NOT consider this case closed. iT IS MORAL COWARDICE FOR Westcott TO BE FACED WITH WHAT IS RIGHT AND LEAVE IT UNDONE! 
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because:Rebuttal to [redacted]’s response:Retaining walls are structural components of building and construction projects, for business and residential purposes. (Reference: Chapter 14.80 Washington State Building Code)Ms. [redacted] response continues to undermine the main point of the issue - the existing retaining wall serves as the foundation of the fence line.  Due to the poorly constructed retaining wall, the wooden fences are at risk of collapsing. As noted, repair has been done on these fences within the first four years after construction, prior to the sale to the second generation of homeowners.  The problem recurred as a matter of fact. A temporary fix will not work long term.  Therefore, the retaining wall should be addressed on full scale. The retaining wall is situated on the west side of the property, in order to inspect and scrutinize it, you must obtain permission from owners of several private properties in order to have access and conduct a thorough inspection and more appropriately should be conducted by an engineer. Most inspectors (who carry out the inspection prior to final sale of a real property) are not licensed engineers, hence the disclaimer that exempts them from future liabilities after sale of the house/property. During the visit and conversation with Ms. [redacted] on March 6, 2017, she claimed that opinions from the three contractors were wrong.  Yet she told me to put metal braces on the wooden planks of the retaining wall.  When I asked her why they did not put the metal braces in the first place, Ms. [redacted] could not provide a reasonable answer.  Westcott as represented by their warranty director, Ms. [redacted]’s opinion is in opposition to three licensed professional contractors who specialize in fence and retaining wall construction. One opinion versus three expert opinions from licensed professional contractors! The fences have been repaired at least once but the problem recurred because the root cause of the problem is the poorly constructed retaining wall.  Estimated cost of retaining wall per lot is quoted to be more or less $5000.00.  Ms. [redacted] offered to have one of their staff check our properties and give us a quote on the repair but emphasized that Westcott will neither repair the damage free of charge nor cover the cost of repair if we hire private contractors.  Ms. [redacted] also mentioned that if they will agree to repair then we (homeowners) should pay Westcott for the cost of the repair.  If they failed the first time, why would we allow them to profit again from our hard earned money to fix a sloppy work they did in the past?  They already profited from a poor workmanship so why would we pay them again to fix something they failed in the first place?  Most important of all, they are opposed to three independent contractors who gave us an honest assessment. It's three against one who obviously protects their company's interest.  The bottom line is that existing retaining wall is a physical testimony of Westcott's collapsing integrity.  As one of the homeowner have said: “Its true Westcott failed us not once but twice: once in building, second in making good during the confrontation with you. We do not have any reason to trust Westcott.”  
Sincerely,
[redacted]

Ms. [redacted]'s response again deflects from the position that fences are not warranted; this is a homeowner's responsibility.  Further, according to Washington State Building Code Section 14.80, this states a permit is needed at time of building if the retaining wall is 4' or higher.  There is no mention of this being a "structural" component of the building.On March 6 I questioned the cost Ms. [redacted] was being quoted for fence work.  I suggested she (and her neighbors) might want to seal their fences as well as use metal braces for additional strength if they felt it was necessary.  Further I stated that, if willing, the original fence company might agree to come back and review the fencing but this would not be at Westcott Homes' expense.  It is unfortunate that the owners of the Alderwood properties do not understand that this is not a warrantable matter.  This is a homeowner maintenance matter and again, not one that Westcott will undertake.  Last week the State Attorney General agreed with our position after Ms. [redacted] filed a complaint with them.  As a representative of Westcott Homes I consider this matter closed.