Winchester Homes Inc.

My WCH was built in 1995, in the Woodmore South Community, Mitchellville, MD. 20721. I am the original owner and want to address a fixture (lamp light near the driveway) that was installed incorrectly. The day/night sensor of the lamp faces the house and not the street and doesn't get the full benefit of the sun to work properly. I would love for this to be corrected immediately and hope that this is the proper channel to get it done! Love my WCH however need that lamp to seal the deal!

Date: 04-17-Dear Sir or Madame:
We have received your communication of April 7, 2015, advising of a
complaint filed against Winchester Homes, Inc(“Winchester”) by a Winchester
customer relating to what the customer views as construction and warranty
issues from initial purchase through construction of his newly-built Winchester
home. We write in order to respond to
the customer’s concernsWinchester has a deep and long-standing commitment to customer
satisfaction and takes our customer’s allegations very seriously. Accordingly, Winchester has carefully
reviewed its records and communications with the customer and the specific
concerns as outlined in the complaint.
After a thorough, careful review of this matter, Winchester has
determined that it has met or exceeded its obligations for each of the issues
identified below. Regarding warranty
issues about which Winchester has not been made aware, Winchester remains
willing to follow up on any such issues and address them as provided for in the
warranty, described in greater detail belowBelow, Winchester sets forth some basic background information to
provide context to its response, followed by an item-by-item description of the
issues identified in the complaint and Winchester’s responseA. Brief
Background and History.In or around November 2013, the customer entered into a Purchase
Agreement with Winchester to purchase a home in the *** subdivision, a
Winchester-developed property in Aldie, Virginia. The customer selected and purchased a new
home model offered by Winchester. As is
customary, Winchester worked with the customer throughout the construction
process on certain selections to enable the customer to customize the home with
certain desired features. Winchester
completed the home in or around September 2014, and closed with the customer
during that monthB. The
Purchase Agreement and Warranty Program1. The
Purchase AgreementThe parties’ rights and obligations with respect to the home are
clearly spelled out in the Purchase Agreement, which includes the warranty
program outlined in more detail below.
Some of the key Purchase Agreement provisions relevant to the customer’s
allegations include the following: In connection with
the customer’s purchase of a new home model, the customer acknowledged and
agreed before construction that “it is likely that [Winchester] will make
changes to the interior and exterior aspects of the plans” for the home
during the course of construction and inspectionWinchester reserved
the right to determine the grade of the lot; The model home, sale
brochures, advertising, and other promotional materials were for marketing
and display purposes and were not made a part of the Purchase Agreement,
and the customer expressly acknowledged that marketing materials and the
like were not included within the Purchase Agreement.Construction of the
home was to “reasonably” follow plans and specifications, and Winchester
reserved the right to make changes in plans and specification as
“reasonably necessary.”Modifications to
plans and specifics were to be done or resolved in Winchester’s sole
discretion2. The
Production and Warranty Program.As part of the Purchase Agreement, the customer also agreed to
participate in Winchester’s production and warranty program. A key feature of the production and warranty
program is to provide customers with regularly-scheduled opportunities to
inspect the home at various stages of construction and after closing and
communicate formally to Winchester any home-related concerns. Winchester, as a matter of policy and in accordance
with the warranty, investigates each item identified, makes a determination
concerning whether the item is covered by the warranty, and, if covered, makes
arrangements to address the issue.
Scheduled inspections take place at the pre-construction phase, at the
pre-drywall phase, and before closing.
Customers also have the option to request warranty inspections
forty-five days after closing and eleven months after closing. The goal of each of these walkthroughs and
inspections is to provide orderly processes for homeowners to formally communicate
construction-related concerns to Winchester, and to provide Winchester with an
appropriate window of time, as the home is being built and after settlement, to
inspect and make a determination as to warranty coverage, and, as necessary,
undertake repairs and/or replacements.
This is standard practice for the homebuilding and warranty processes
and typically results in a “claims list” of minor repairs and touch-upsWith the exception of the eleven-month inspection, which can be
scheduled upon the customer’s request in the next few months, the customer was
provided with each of these opportunities to convey concerns to
Winchester. At each of these meetings,
the customer provided Winchester with a list of items believed to require
attention. Winchester responded
promptly, conducted inspections, determined whether the items were covered
under the warranty, and arranged for any additional work as necessary. In some situations, the customer was
satisfied with the additional work performed by Winchester. On other issues, however, the customer was
not satisfied and has demanded that Winchester perform work related to aspects
of the home already deemed in compliance with the Purchase Agreement and the
warranty. While Winchester uses best
efforts to satisfy customers, it is not obligated to undertake projects that
fall outside the scope of the warranty.
To the extent additional issues arise and are covered by the warranty,
Winchester will continue to apply this process of inspection, assessment, and where
appropriate, remediation. With that background, Winchester responds to the customer’s specific
concerns. C. The
Customer’s Concerns1. Heating/Ventilation/Air
Conditioning Issues. The
customer has expressed concerns regarding the HVAC system installed in the home
and the location of installationWhen the customer contracted to build a home
with Winchester, the final engineering for the HVAC system for the selected
floorplan was not 100% complete. Some of the other floorplans that are
offered in the customer’s community have two HVAC systems. Final
engineering determined the standard for the customer’s floorplan would be a
single HVAC system. The customer objected, and Winchester responded by
including an additional system at no additional charge. Since the
standard is for just one system, there is no predefined location for the second
unit. It was installed in the mechanical
room adjacent to the first unit.Following installation of the two HVAC units, the customer raised an
issue regarding placement of the HVAC units in a mechanical room in the
unfinished basement, indicating that their location interfered with the
customer’s own plans to finish the basement at a later date. In an effort to further accommodate the
customer, Winchester agreed to modify the location of the second zone HVAC
unit, which required removal of that unit, reconfiguration of HVAC duct work,
and reinstallation. Winchester undertook
all of this work at no cost to the customer. Winchester has addressed these issues, and the customer is now
satisfied with the number and location of the HVAC units, including the
additional complimentary unit provided by Winchester. 2. Grading
Issues. The customer has
expressed concern that the yard is incorrectly graded. Under the Purchase Agreement, Winchester determines the grade of the
customer’s lot. After construction of
the home was complete and before the customer settled on the home, Winchester
inspected the grading and determined that it conformed to plan. The grading was then inspected by Loudoun
County, which also approved the grading and issued an Occupancy Permit. To the extent the customer’s concerns relate to sod or landscaping,
those issues are beyond the scope of the parties’ agreed-upon warranty3. Ceiling
Heights. The customer has
expressed concern that the basement ceiling heights were “detailed” as 9’ but
delivered at less than 9’. Winchester’s standard construction detail is
for basement walls to be poured 9’ tall with the concrete floor poured above
the footings. This results in a finished ceiling height that is less than
9’. This is how our model home, the customer’s home, and our other homes
are constructed. It is consistent with industry practice and it is how
the approved architectural drawings are detailedTo the extent the customer’s concerns are based on information
contained in marketing materials or communications with Winchester’s marketing
personnel, those materials and communications are for marketing only and were
not incorporated into the Purchase Agreement, as the customer expressly
acknowledged in the Purchase Agreement.
Even if those materials were binding on Winchester, Winchester reserved
the right to modify plans and specifications as reasonably necessary in its
sole discretion. 4. Unresolved
punch list items. The
customer has alleged that items from the punch list generated at the original,
pre-settlement walkthrough remain unaddressed. Winchester believes that the items identified on the original claims
list have been reviewed and addressed as appropriate under the warranty. Winchester is willing to discuss any warranty
items from the original claims list requiring follow-up. 5. Hot water
issue with second floor shower. The
customer has indicated that a shower on the second floor of his home was
without hot water for more than a monthWinchester has reviewed its records
and concluded that this issue was brought to its attention, inspected, deemed
to be covered by the warranty, and has now been addressed Washer Pan
Installation. The customer
has alleged that a protective pan installed by Winchester for use with the
customer’s washing machine was installed incorrectly and was not water
tight. During construction of the home, Winchester installed a pan for use
under a washing machine in a laundry room on the second floor of the customer’s
home. After the customer moved into the
home, the customer purchased a washing machine and arranged for its
installation. Some months after the
customer moved in, Winchester was contacted by the customer, who complained
that water originating from the washing machine had leaked onto the floor and
penetrated into the kitchen ceiling. The
customer alleged that the pan had failed to properly contain the leak and that
the pan’s drain was not properly connected to pipes in the wall. Within twenty-four hours, Winchester
personnel went to the customer’s home and assessed the pan, its drain, and the
pipes to which the drain was connected.
Winchester determined at that time that the pan had been correctly
installed in the home and that the pan drain was properly connected to
piping. The customer was present for
this inspection. Since learning about
the customer’s ongoing concerns with respect to the pan, Winchester has identified
the make and model of the pan and confirmed that it was installed according to
the manufacturer’s instructionsWinchester also understands that the customer has concerns that certain
openings in the floor to accommodate the pan drain piping should be
sealed. Assuming the customer is willing
to provide clear access to the area, Winchester is willing to seal the holes at
the floor level under the pan upon the customer contacting our warranty
provider to schedule this work. D. Conclusion.The customer has also asked that Winchester hold itself and its
subcontractors accountable, and to own mistakes and fix themAs detailed above, Winchester has made significant efforts to address
all items identified by the customer.
For each, Winchester has responded to the customer’s requests,
determined whether items are covered by warranty, arranged for appropriate
repairs and replacements (often exceeding its warranty obligation), and
communicated with the customer regularly regarding the status of its
efforts. Winchester has visited the home
on numerous occasions, communicated regularly by phone and e-mail with the
customer and its warranty service provider, and undertaken various other
measures to ensure that the customer’s concerns are promptly addressed. Notwithstanding those efforts, the customer
appears to remain unsatisfied with certain of Winchester’s efforts. Although Winchester regrets that the
customer has remaining concerns with certain aspects of the home, Winchester
has satisfied its obligations for all of the issues about which it is currently
aware. Winchester remains open to
inspecting and, if appropriate, addressing any additional warrantable issues as
outlined in our warranty procedures. Winchester is proud of its long history of satisfied customers and will
continue to work with this customer in an effort to resolve these matters to
the extent appropriate under the warranty.
Please do not hesitate to contact me if you have any questions or
require additional information.Sincerely,Winchester Homes, Inc

The matter mentioned below (please see file attached above) has fully been reviewedThe builder’s actions are consistent with those of the builder’s
warranty obligations to the customerWinchester Homes Inctakes great pride in providing superior warranty service to each of our customersWe try very hard to properly manage these expectations with proper communications and documentation of each engagement in the processWe are providing to you the attachment above for your recordsThe information has been filed on our on-line portal, through our third party provider ***The customer has full access to this portal, and the same information abovePlease let us know if you have any additional questionsThank You
Paul O***
Winchester Homes IncDirector of Quality / Warranty

[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: ***
I am rejecting this response because:
Page 2, bullet #Please clarify so that I can forward to Loudoun County for reviewIs it Winchester's position that they don't have to follow the Loudoun County site plan?
Page bullet #3: The marketing brochure was specifically included and added as part of the sales agreementThis was done at the time of contract because the builder did not have a model, a floor plan or any technical data and product specificationsWe refused to sign the sales agreement without the document and the Builder compliedI am relieved that our realtor demanded the inclusion of the documentIt was the only reason available to keep the builder honest when they tried to renege during the building process on items they SPECIFICALLY stated were includedSome examples include a zone HVAC system, insulated garage doors and mud set shower pans in the showers
In regards to the warranty programWinchester contracted a vendor called ***We were specifically instructed at the time of contract and settlement to review and follow the *** manualI have asked for and have not received the ability to process claims as specifically noted in the Builder's Limited Warranty PHI WHI manualMore specifically Page 1, paragraph B where it details how the online portal is to be usedThe builder has elected to not allow me access to document claimsIf you want me to follow a different system then please provide that system in writing for my reviewUntil such time I should be able to follow the steps in the "Request for Warranty Performance - General"
These warranty issues have included replacement of all the screens on the home because the wrong kind were installedIdentified in September, just completed today 4/22/A completely failed master bath shower floor system, roof leaks, HVAC infiltration due to poorly installed exhaust ducts, defective kitchen faucets that were a scald hazard for my children, multiple significant areas of firestopping that were not installed and a shower that was too cold to use for months, which coincidentally did not get resolved because it was not logged into or tracked in the systemThere is a cabinet/trim issue that was raised at the pre-settlement walk through that was finally inspected today (9/13/to 4/22/15) by the vendor and replacement parts are being ordered
Your statement that Winchester responded promptly is a farce at bestI have taken days off from work to meet workers that did not have tools, the correct material or the ability to perform the workmonths after settlement there are still open settlement punch list issues and day punch list issues
I am happy to share my very detailed records that dispute your claims
Regards,
*** ***

I moved into a brand new Winchester home in (valued at $560K at the time) and had to completely replace the entire roof in 2014! It turns out that Winchester elected to sub-grade purchase roofing material from IKO - a firm with multiple class action lawsuits against in both the US and Canada These lawsuits date back to 2009, so Winchester Homes should have known about the problem before they contracted with the supplier When I contacted them about the problem, they claimed that I was warranted for one year of workmanship only and instructed me to seek repayment from the provider (with multiple lawsuits) Needless to say, I never saw a dime It sucks big time to have to pay more than $6,for a new roof less than two years after buying a brand new house

Date: Tue, Aug 26, at 3:PMSubject: RE: cid *** / Winchester Homes Inc
(***)To: *** *** Cc: "***, Paul(Winchester Homes, Inc.)"
Regarding Case #: ***
Customer Information:
*** ***
*** *** ***
Ashburn , VA ***
The case matter above has been fully reviewed and resolved as of 8-21-
If you have any further questions, please feel free to contact me
Thank you
Paul O***Director of Quality and Warranty
Winchester Homes
Phone: ###-###-####www.WinchesterHomes.com

Good Afternoon
serif;">
Regarding Case #: ID ***.
Customer: *** ***
These concerns were reviewed
The roof shingles were inspected and determined were outside the warranty period
The home is currently over three years oldThe cause of the shingles blowing off were due to major storm events
The owner was direct to contact their insurance company
Our inspection regarding the wood trim on the bay window
It was determined that the cracks were on the exterior wood bay window trim and are consider homeowner maintenance after the 1styears
Thank You
Paul O***
Winchester Homes Inc

We moved into our Winchester Home in the new Clarksburg neighborhood Cabin Branch. We had some delays and a lot of quality issues with the Builder along the way and still after we moved in. We also took part in their survey. Winchester Homes is talking about a satisfaction rate of more than 88%. When I talk to my direct neighbors they all aren’t satisfied with their homes. I’m actually very curious how other Winchester Homeowners experience their new homes. It’s very optimistic from a Builder to say almost 90% is happy with us?
My experience is completely different, sloppy / poor workmanship and use of low quality materials, everything just meet the standard criteria. Bad supervision and quality control etc.. Think about Kitchen cabinets, flooring, carpet, HVAC, electric, Drywall, Windows and Roof. I believe a lot has to do with the quality of their contractors they hire and the supervisor that’s needs to be present. Tell me your experience so I have a better picture, if I’m wrong.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:The home still has issues not fully addressed as promised by the President (Mr. S[redacted]) of Winchester Homes. Therefore, Winchester Homes is still at default of not delivering their product to the level of quality and service they have promised.  The contract is also unfair as the customer is subject to penalty when at default but not Winchester Homes.  The contract clearly favors Winchester Homes as their lawyers wrote the content to protect themselves.  If not for Revdex.com, I am sure Winchester Homes will not resolve all the issues that I have addressed.  Hopefully, the issues will be resolved soon, but until then I will not accept Winchester Homes' response.
On a side note, I have spoken to the neighbors in the community ([redacted] Homes at [redacted]) and they are or have had many issues with Winchester Homes as well.
Regards,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:My request was partially met. I was not satisfied with the President's final offer. However, I had no choice since he would not return my deposit.
Regards,
[redacted]

Horrible experience. The day we moved in the house was not finished, dust everywhere and numerous other problems. After more than two years I still cannot get them to make repairs that should have been done before we moved in. I suggest you have a detailed professional inspection done and do not close until everything is done. Also, make sure the "tamper resistant" electrical outlets work. None of my outlets function properly.
My actual suggestion would be that you find another builder. Especially in Poplar Run in Silver Spring. There are other builders available that I have heard better things about.

To [redacted] The Revdex.com
We have received the Revdex.com email dated  4-7-2015,  regarding complaint #[redacted]

face="Georgia">Winchester Homes Inc, will begin our investigation on these alleged claims rendered by [redacted]. Winchester Homes Inc., will respond back to the Revdex.com in 7 to 10 days (or no later than 4-17-2015) with more details.
If you have any other questions or further concerns, please feel free to contact me. 
Sincerely  
Paul O[redacted]
Winchester Homes Inc.
[redacted]@whihomes.com
###-###-####

From: O[redacted], Paul(Winchester Homes, Inc.)Date: Mon, Sep 29, 2014 at 3:08 PMSubject: Following up [redacted]'s matterTo: [redacted] <[redacted]@myRevdex.com.org>
Regarding Case #: [redacted]
Customer Information:
[redacted] 
[redacted]
Ashburn , VA  [redacted]
 
[redacted]
 
This concern with the deposit was fully resolved and the owner was fully involved. See email below from the customer “[redacted]” to our President. In addition, our purchase agreement, the customer signed, clearly states our deposits are not refundable. I have also copied this paragraph for you information if it is needed.
11.           DEFAULT/TERMINATION.
Failure on your part to comply with the terms and conditions of this Agreement will constitute a default and shall entitle us to elect to retain the Deposit as liquidated damages or pursue any other remedy available at law or in equity.  Failure on our part to comply with the terms and conditions of this Agreement, including, without limitation, our obligation to settle under Paragraph 9 no later than two (2) years after the date Purchaser executes this Agreement (subject to extension in accordance with Paragraph 8), will constitute a default and will entitle you either to elect to receive a refund of the Deposit as liquidated damages or alternatively to pursue a right to specific performance or any other remedy available at law or in equity.  Upon default, the non-defaulting party will notify the other party in writing and, following forfeiture or return of the Deposit (provided the non-defaulting party elects to retain or to receive a return of the Deposit as the case may be), this Agreement shall be considered null and void and of no further force or effect, with no additional liability of one party to the other hereunder except as may otherwise be set forth herein.  If either party commences adversarial proceedings, the non-prevailing party shall reimburse the prevailing party for reasonable attorney's fees and costs associated with such proceedings.
 
On Jun 20, 2014, at 3:29 PM, "[redacted] <[redacted]>> wrote:
[redacted]
The home inspection was completed this morning and I will send it over to the Staff as soon as I receive it.
I have reviewed and signed the agreement just now and provided additional $10K certified deposit. The total deposit is now $43,500. While we are thankful for the $10K discount we are not completely satisfied with the compromise.
However, we trust that you will keep your promise and resolve all the quality issues between now and closing. ( [redacted] items were fully resolved)
Sincerely,
Charles [redacted]
On Jun 20, 2014 2:57 PM, "S[redacted], Alan(Winchester Homes, Inc.)" <[redacted]@whihomes.com<mailto:[redacted]@whihomes.com>> wrote:
They will be sending it to you before the end of the day. I saw a draft and it is short and to the point and summarizes the agreement exactly as proposed. If any of the items I promised to complete are not completed prior to settlement I will be happy to make sure the documentation of what is left is clearly spelled out so that you have comfort it will be done. The only item that looked to be left might be replacing the counter top as the lead time is a bit longer. Signing the addendum this weekend allows me to order first thing Monday which should get it there prior to closing.
Have a safe and enjoyable weekend!

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:I do not have confidence or trust that action will be taken and would like to wait to see if they respond in 7 to 10 days and how they respond.
Regards,
[redacted]

Review: I purchased a brand new home that is now only 3 years old. In less than two years I lost many shingles that I had to pay hundreds of dollars to repair. I had a leak in my kitchen that caused mold in just a little over a year of moving in. I had to pay for a new garage door spring within two years because the builder put an industrial size spring rather than the proper one my garage door needed. Last month I lost so many shingles that my entire townhome roof needs to be replaced. I ended up getting a leak from my roof and now a large portion of my bedroom ceiling had to be cut apart. I also now have a huge crack in the front of my house in the bump out portion. Winchester homes is claiming these are all normal things but I do not believe they are for a BRAND new home. I should not have to pay out of pocket for an entire new roof in 3 years. Many of my neighbors are having the same issues with their homes. Clearly this shows poor building practices by Winchester homes. My home has many defects that Winchester Homes is not taking care of. They also told me the crack in the front of my house is NOT covered under the foundation repair. That makes no sense to me as the bump out is part of my foundation.Desired Settlement: I want my home issues that I paid for out of my own money to be reimbursed by Winchester homes due to their negligence. That includes the garage door spring, the new roof, repairing my bedroom ceiling and repairing the crack in the front of my house.

Business

Response:

Good Afternoon

Regarding Case #: ID [redacted].

Customer: [redacted]

These concerns were reviewed.

The roof shingles were inspected and determined were outside the warranty period.

The home is currently over three years old. The cause of the shingles blowing off were due to major storm events.

The owner was direct to contact their insurance company.

Our inspection regarding the wood trim on the bay window.

It was determined that the cracks were on the exterior wood bay window trim and are consider homeowner maintenance after the 1styears.

Thank You

Paul O[redacted]

Winchester Homes Inc

My husband and I were so excited to buy a Winchester home but that quickly changed. We were on our way to sign a contract and got a phone call that the price we had been given to sign a contract for was wrong. There had been a glitch in the computer and options that we wanted the prices were wrong. They had no idea of how much more it would cost us. Mind you we had taken the day off from work to get the contract signed. Later on that day we meet with the sales buyer and he explained that we wouldn't be bale to get any other options for the $11,000 more that would be have to pay.
After that meeting, the sales buyer called us back several times to see if we had changed our minds and we said no because he had nothing lese to offer us. Needless to say we decided to not go forward with buying a home from Winchester.