Poor quality construction has resulted in numerous problems, one unresolved.
We contracted with AHP in 2006 for a "Signature Collection" Hanover home and detached garage in Monticello, FL. The home had numerous build quality issues such as drywall that had to be redone, electrical circuits improperly labeled and wired (220v on a 110v outlet), a sink drain not connected. The main build quality issues have involved water leaks. The shingles have slid off the home and garage a total of 5 times from 2010-2014. Each time they were "repaired" by another contractor via AHP. A roof leak last year allowed a rear wall to rot, causing mildew and mold. AHP repaired it 4 months later, but we now have a piece of metal sticking out of the siding since the roof was not properly installed during initial construction.
The preceding problems are included to illustrate the poor build quality throughout our home. The unresolved problem deals with termite damage. We discovered a hole in a window sill in the dining room and it turned out the dining room wall had suffered a termite infestation. AHP refused to repair this damage, so we paid for another contractor to come out and repair it. His investigation documented the wall sheathing did not cover the wall base plate as it should, and the sheathing was not nailed per the building code. This substandard construction allowed moisture in and a path for termites. He inspected the remainder of the wall sheathing and found it was full length. No other portion of the home was damaged by termites. Additionally, the termite contractor paid by AHP did not apply treatment to this section of the wall, and the treatment used elsewhere (borate) is poor quality.
We wrote to AHP and asked for reimbursement, and were asked to sign a total release of liability. Upon legal advice, we have declined to do so, as the track record of our home is such that we can not be assured additional build quality problems will not appear. We offered to sign a release for future termite damage but AHP declined that offer.
We are looking for reimbursement for the cost of the repairs and proper termite treatment of $1,903 plus the costs we have incurred via legal review of $100, for a total of $2,003.
Thank you for the notice regarding **** *****. I have taken the time to pull some of the documents from his file to show that America's Home Place has not only fulfilled our contractual obligation to the ******, but that we have made every effort to go above and beyond to earn their satisfaction.
Attached you will find:
1. Agreement between Owner and America's Home Place.
2. A letter from Mr. ***** on February 28, 2014 that recaps all of the issues that we have addressed after the expiration of his warranty along with an overview of the termite problem on his home.
3. A letter from me to the *****'s dated March 6, 2014 offering reimbursement for termite damages in lieu of signing a release and a copy of that release.
4. A letter from ***************** P.A. from April 3, 2014 rejecting our offer to reimburse Mr. ***** for his termite damage.
5. A letter from me formally rescinding our offer to reimburse Mr. ***** for his termite damage
You will find that in Article 30 of our contract with Mr. and Mrs. ***** the following:
"Contractor shall build home according to and warrant material and workmanship in said dwelling in accordance with 'America's Home Place In. One Year Limited Warranty and Workmanship Agreement" for a period of ONE (1) year from the earlier of the date of occupancy permit, final settlement with Contractor or the date Owner occupies home."
Furthermore in Article 31 initialed by Mr. and Mrs. ***** states:
"Owner agrees to pay for any items Owner requests Contractor to fix that are not covered under 1 year limited warranty and workmanship agreement."
As you can see in the above and our contract, America's Home Place's warranty and contractual obligations have expired. However, as you can see from Mr. *****'s own admission in his letter dated February 28, 2014, America's Home Place continued to warrant issues to build good will despite being years out of warranty.
In his complaint to you Mr. ***** states that we should be responsible for the termite damage to his home. But, what Mr. ***** fails to relay is that he was forced to pay out of pocket for the termite damage because he failed to renew the termite bond on his home. Florida Code requires that every home be treated for termites during construction. Along with that treatment America's Home Place provided a one year termite bond for Mr. *****'s home. Had Mr. ***** kept the bond current, that termite company would have been liable for the damages. Despite having no liability, America's Home Place offered to reimburse Mr. ***** the full cost of repairs from the termite damage. In return, all America's Home Place requested was a release signed by him and Mrs. ***** on their home. That offer was rejected by the *****'s.
I trust that you will see that America's Home Place has done everything in our power to satisfy Mr. and Mrs. *****, and that his complaint has no grounds. If I can be of any further assistance please let me know.
(The consumer indicated he/she DID NOT accept the response from the business.)
What Mr. **** failed to convey is that the release offered by AHP was for TOTAL liability- which would include roof problems, so we did not wish to sign it based upon the numerous roof problems we have had. If we signed it and shingles slid off again next week, we'd have no coverage. The release we offered dealt with only the termite damage. It was narrow and specific to the issue.
AHP has not "done everything in (their) power" to rectify problems THEY created. Every repair made by AHP was indeed related to warranty- chiefly the roof warranty. The shingles sliding off, the resulting leaks and wall rot/mold etc. were related to the roof warranty. AHP tried to duck out of the initial roof repair and had us send a sample to GAF so a determination could be made. The determination was improper installation, which is par for the substandard construction evident throughout this home.
As for the specific termite damage, there was no notice of a requirement to purchase a bond as required by the building code. Florida building code section 105.11 requires a notice of Termite Protection. It requires posting of consumer notice inside the house to inform the owner of need to renew contract and inspect annually. There was never any such notice posted inside our home. AHP should be responsible for the termite damage since they are the cause of said damage due to substandard and illegal construction in violation of the building code, as determined by licensed FL contractor *** *******. Mr. *******'s letter is available for reference.
Final Business Response
My only response to Mr. *****'s latest claim is that America's Home Place received a Certificate of Occupancy from the Jefferson County Building Department upon completion of the home. If any code issues were violated because the termite treatment notification was posted in the job permit box with the permit (as requested by the building official), or framing issues were present at the time of the framing, I'm sure that they would have come up then.
Thank you for your time.
America's Home Place
1525 Baytree Rd. Suite H
Valdosta, GA 31602