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Dominion Homes

Phone: (614) 356-5000 Fax: (614) 356-6555 View Additional Phone Numbers 4900 Tuttle Crossing Blvd, Dublin, OH 43016 http://www.dominionhomes.com

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Description

This company offers new construction single family homes in Ohio, Kentucky and Indiana. This report issued by the BBB serving Central Ohio involves the company's corporate headquarters office in Dublin, OH, and business activity throughout Central Ohio. The company operates division offices in other areas and BBB's issue separate reports on these locations and these reports are available at http://www.bbb.org/.

BBB Accreditation

This business is not BBB accredited.

Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation.

To be accredited by BBB, a business must apply for accreditation and BBB must determine that the business meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses must pay a fee for accreditation review/monitoring and for support of BBB services to the public.

On Aug. 25, 2014,  BBB serving Central Ohio  Accreditation of Dominion Homes, Inc. corporate office in Dublin, OH and its Central Ohio marketplace activity was suspended due to an unresolved customer complaint filed July 24, 2013, alleging problems with the company concerning guarantee and/or warranty issues. The customer agreed to participate in Arbitration through BBB, but Dominion Homes, Inc. declined to participate in Arbitration through BBB.
 
 
Due to the unresolved complaint and failure to accept BBB’s recommendation to participate in arbitration through BBB to resolve dispute, the company is not currently meeting the following BBB Accreditation Standards:
 
 
6. Be Responsive
 
Address marketplace disputes quickly, professionally, and in
good faith.
 
An accredited business or organization agrees to:
 
B. Make a good faith effort to resolve disputes, which includes mediation if requested by BBB. Other dispute resolution options, including arbitration, may be recommended by BBB when other efforts to resolve a dispute have failed. BBB may consider a business’ willingness to participate in recommended dispute resolution options in determining compliance with these standards.
 
The company had until Sept. 15, 2014,  to appeal this action. The company did not appeal.
 
These matters were reviewed by the BBB’s Board of Directors at its meeting on Sept. 19, 2014 and the Board tabled a final vote on the matter pending further BBB communication with a separate corporate entity that recently purchased real estate assets of Dominion Homes, Inc. Further information about that transaction is available at  http://www.pultegroupinc.com/investors/press-releases/press-release-details/2014/PulteGroup-Acquires-Real-Estate-Assets-Of-Dominion-Homes/default.aspx

 
 

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Based on BBB files, this business has a BBB Rating of No Rating. The reason is as follows:

  • BBB does not have sufficient information to issue a rating on this business.

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Customer Complaints Summary Read complaint details

37 complaints closed with BBB in last 3 years | 18 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 1
Billing/Collection Issues 0
Delivery Issues 1
Guarantee/Warranty Issues 14
Problems with Product/Service 21
Total Closed Complaints 37

Customer Reviews Summary Read customer reviews

2 Customer Reviews on Dominion Homes
Customer Experience Total Customer Reviews
Positive Experience 1
Neutral Experience 0
Negative Experience 1
Total Customer Reviews 2

Additional Information

top
BBB file opened: October 01, 1962 Business started: 01/01/1946 Business started locally: 01/01/1946 Business incorporated: 10/05/1993 in OH
Type of Entity

Corporation

Business Management
Tom O'Donoghue, Interim CEO of Dominion Mr. Douglas Borror, Chairman Ms. Sherri Markham, Customer Care
Contact Information
Customer Contact: Ms. Sherri Markham, Customer Care
Principal: Tom O'Donoghue, Interim CEO of Dominion
Business Category

Home Builders

Alternate Business Names
Dominion Homes, Inc.
Business Management

According to information provided to BBB serving Central Ohio by Sherri Markham, Customer Care, Dominion Homes, Inc.: 

The corporate headquarters of Dominion Homes, Inc. remains  4900 Tuttle Crossing Blvd.Suite 110, Dublin, Ohio 43016 

Dominion Homes, Inc., is an independent business and is not a subsidiary of PulteGroup.

PulteGroup purchased assets of Dominion Homes, Inc.
(see public announcement by PulteGroup.) http://www.pultegroupinc.com/investors/press-releases/press-release-details/2014/PulteGroup-Acquires-Real-Estate-Assets-Of-Dominion-Homes/default.aspx

Dominion Homes, Inc. provides warranty services on homes built by Dominion Homes, Inc.

Dominion Homes, Inc. and PulteGroup are separate companies and business entities; each has its own employees.  

Dominion Homes Customer Care and Quality Assurance teams were NOT acquired by Pulte.

Homeowners' original Dominion Homes, Inc.,  warranties and terms remain in effect.

BBBs issue separate Business Reviews on PulteGroup and its divisions, and these Business Reviews are available by searching at http://www.bbb.org/


Additional Locations

  • THIS LOCATION IS NOT BBB ACCREDITED

    4900 Tuttle Crossing Blvd

    Dublin, OH 43016 (614) 356-5000

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Additional Phone Numbers

  • (614) 356-6524 (Fax)
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Complaint Detail(s)

12/26/2014 Guarantee/Warranty Issues
12/2/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I had a home built by Dominion/Centex/Pulte homes that was finished and closed on at the end of May 2014. I have had some issues that fall under the warranty category that I have been trying to get resolved now for some time with no luck. I had sent an e-mail to customer care back on 9/22/14 through the website asking about getting these items replaced. After a week and a half of no reply back or phone call (when they sent me a confirmation e-mail stating they would be back in touch in 2 business days) I called the customer care line. When I called the line I was prompted to leave a message, so I did and another week and a half went by with nothing from the builder. I ended up calling the main number for Dominion/Centex/Pulte Homes to try and get transferred over to someone in customer care or a boss from customer care and was told by the guy who picked up the phone that I had to send an e-mail or leave a message that he would not transfer me to anyone. After I plead my case to the fellow on the line and was told that I was out of luck I decided to call our super who over saw the building of my home to see if he could help. When I placed a call (this was on 10/2/14) to **** I was sent to his voice messaging system. I left a message asking for a call back. After a few hours and nothing I then sent **** an e-mail telling him about my issues and that I needed someone to call me by the end of business that day or I was going to report this through the BBB. At that time I have been blown off to many times and felt I had no other choice to get any kind of reply back. About 30 minutes after I sent that e-mail I was called back by ****. During my call with **** I was also e-mailed by customer care after **** informed me he made sure to let them know to reach back to me and help me get my issues resolved. The e-mail from customer care said to send in pictures of my issues and they would review them and get back with me. I was not able to get the images taken and out in that week as I had an issue come up that delayed it I did get the images sent out to customer care on 10/20/14 and this is the last I have heard from it. I sent a follow up to them on 10/27/14 asking for an update and well here we are, still nothing. It bothers me that I have to make a threat to go to the BBB for them to even get back with me and now they are right back to it. So here are my issues that have sparked all this in the first place. Issue number one, all the vanity doors in my bathrooms have the finish peeling off at the bottoms and I would like this to be replaced under the warranty they have. Issue number two, the bathtub in my full bathroom upstairs has a crack in the side of the tub. This is something that should also be covered under warranty, not to mention I now cannot use this as there is a good chance water damage could be caused. The third issue and one I find to be a big one is with the grade of my yard. When my yard was graded it was done in a poor way, all they did was drive a small tractor around with a plate on the back to remove all clumps of dirt. No equipment was used to get the heights in order and make sure all slops from our yards and neighbor yards match so water will flow correctly. After that the came out and laid my sod, during the water process I found that my yard had a valley in the middle that collected all this water and it would not run off like it was supposed to. So I was left with 4 inches of standing water in an area that was every bit of 20 feet by 20 feet that spread out to about one inch of standing water from the middle of my yard to the back. When I spoke with our super, **** he said he was aware of the issue and that everyone down the street has the same issue and they were going to be out in the fall to tear up the yards and re-grade them and replace the sod. Well on October 2nd 2014 they came out to repair my yard. The down side is it was not what they said it would be. Their idea of pulling up my yard and re-grading it was having three guys come out and cut up the sod in that 20 by 20 area, sprinkle some top soil down, walk on it and the put my old rotting sod back down. When I spoke with **** on the phone on 10/2/14 he said we misunderstood what they meant by re-grading and all they were doing was a patch job and that my yard needed that “swale” so water can run to the drains. I have the letter saying my yard would be re-graded and that is what I wanted and expected. Not to mention my next door neighbor’s yard has not a single “swale” in it and their water flows from the back of the house to the back of their yard. Now they are the only one like this, but still. When you stand in our back yard and look down all the yards there is no pattern to allow for water flow. At the end of the day someone made a mistake that was not caught until it was too late and they do not want to fix the issue. I paid good money for this home and the yard and it has not met my standards at all. Not to mention when I asked ****/Dominion if they were going to pay the water bill to water the repair work area I was told no that was my deal to pay for it even though I was not the one who made the mistake to cause it to be repaired. So I have yet to send images of the yard work to customer care as **** told me he would be in talks with them on that and get back with me, now he has not and I really feel the yard issue will be best if addressed in person so all the areas can be pointed out….images will not help in this case. Customer care does though have images for the vanity doors and the crack in my bathtub.

Desired Settlement: I want my bathtub replaced along with my vanity doors. I also want my yard to be repaired in the correct way so I do not have a soaking wet yard that cannot be used by my kids for a week after it stops raining. At the end of the day I just want someone to call me and say we are going to be out on this day to fix your issues.

Business Response:

Good afternoon,

 

We have scheduled an appointment with Mr. ******* for our Quality Assurance Assistant Manager to inspect the reported concerns on site on Monday, December 1, at 8:00 AM.

 

Thank you,

Dominion Homes Customer Care

11/5/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I had dominion homes build a new home for me. the completion date was dec 2012. we had many issues with the product and have over the last 21 months tried to resolve all of the issues. we have three issues left the driveway was installed improperly and will need to be to replaced. this is a weather issue as it must be over 55 degrees for the asphalt to be installed correctly. that is what the problem is they installed it in cooler weather and then tried to repair it without my approval and now it is worst then when before. the sub contractor said it was ok and i asked to meet with them to discuss it, a foreman of that company came the day before the meeting and patched the new driveway and ran his roller over it in an attempt to fix the material. this resulted in spot of pooling water and ice hazards on a driveway due to the flat spots. The second issue was with my front porch. the concrete porch was installed with a low spot in the middle so water would collect and freeze on bad weather. The company came and replaced the porch without removing the siding corner post. that had been cut around the porch. so the result was a patch that fell off the new concrete porch. the siding will need ot be removed including the corner post and the new porch poured. this is also weather relating and it is almost oct. the third item is the porch over the garage.the underlining wood sheets are warped and causing the shingles to bulge up the wood under sheeting will need to be replaced and the roof reshingled to repair this. this is also weather permitting. I have been contact the customer service department of dominion homes since these issues were discovered. they were placed on the home 1 year warranty request tha twas sent to the builder in nov 2013 as requested in our contracts. They have been putting off the repairs and now it will be approaching 2 years in the hone with now resolution to the issue. Now the company has been bought out and they have stopped taking direct calls and have not returned any emails or called for assistants.

Desired Settlement: i would like to have the company contact me and set a date and plain in place to repair the items they have said they would in a timely manner and before we go into another winter. i want the porch, driveway and roof repair to the correct and proper standards of a new home i purchased

Business Response: Good afternoon.  We have arranged for our Quality Assurance Manager to meet with Mr. ***** on Thursday, October 23rd, at 8:00 AM in order to review his concerns.  Please let us know if more information is needed in the interim.

Sincerely,
Dominion Homes Customer Care

Consumer Response: Consumer, Mr.  ***** ***** called BBB to provide an update regarding his complaint.  Mr. ***** confirmed that the scheduled meeting with the Quality Assurance Manager from Dominion Homes was held this morning but he stated that the meeting had not resolved his complaint.  Mr. ***** indicated that he wanted to reopen his complaint.   BBB followed up with a message requesting a written update to share with the business noting that we would close the complaint accordingly if a written response was not received.

----Original Message-----
From: Outside Caller  
Sent: Thursday, October 23, 2014 9:35 AM
To: *******
Subject: Voice Mail Message (614) 677-7365

 Voice Mail Message

  ------------

X-VM-Voice-Mail-MCB: VOICE-[338]

9/29/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: My wife and I purchased a Dominion Home in March of 2013. During the process, we made frequent visits to the site. On one of the visits, we discovered that the drywallers in the living room were drinking on the job. ******** (the drywall contractor) and Dominion both took this very seriously. ******** claimed to have fired the contractors, and both companies met me at the house and ensured that the work was quality and swore to stand by it. Dominion offers a walk through at the year anniversary of purchase. We had a few issues, most of which have been addressed, but the walls are a different story. Our drywall, in the room that the drinking drywallers were in, have two walls with over 90 nail pops in them. That is the number of patches done, they left some nail pops unrepaired. We had the home professionally painted right after we closed on the house. Dominion's policy is that they will not repaint. We knew that going in and anticipated that we would need to repair a few nail pops, like we had in the other rooms. I requested that Dominion finish the nail pop repair and do touch up paint on the one room, due to the extenuating circumstances. They will not entertain the idea and finally told me that I need to have an independent contractor (that I hire) to state that the drywall was hung incorrectly. A contractor told us that it was most likely done incorrectly (perhaps without screws) and was going to file a claim for us. Dominion told him that he could not, because it was after the 1 year anniversary. Our original walkthrough was scheduled prior to the 1 year mark, but Dominion had to cancel on the day of the walkthrough due to a personal matter with the inspector (which happens, I get that). We have made several attempts via email and phone to reach a supervisor in Customer Care (CC), but cannot get them to return our phone calls. I got the number of a manager of a different department and he tried to help me, but CC management will not respond to me.

Desired Settlement: I want Dominion to come out to my house to inspect the issues and make sure that they drywall was hung properly. I want the remaining nail pops to be repaired and I would like them to do the touch up paint in the room that was installed by their drunken contractors. I have the paint and even the materials here at my house.

Business Response:

To Whom It May Concern:

 

Attached is a copy of our recent correspondence sent to Mr. ***** in response to his requests for Dominion Homes to complete touch up painting after his one year drywall punch visit.  We verified during the course of our site visit that there was nothing abnormal or unusual about the drywall and/or its repairs, there was no evidence of any defect or of faulty installation.  All of our homeowners are advised in writing in multiple places that without exception, paint work after drywall repairs is solely the responsibility of the homeowner.

Please let us know if we can be of further assistance.

 

Sincerely,

Dominion Homes Customer Care

Consumer Response: I am rejecting this response because: I was told by email that if I were to have a contractor come to my house and determine that the nail pops were excessive or if he suspects a larger problem, that Dominion would send somebody out to look at the house. When my contractor contacted Dominion, stating that he believed there was a problem, they said that I could not file a claim.

The drywall guys that came to patch the nail pops did not even finish the job. There are several nail pops on the walls I refer to that still remain. The drywallers told me that they got all of them when they were at the house, but failed to get several of them.
Attached are some emails I had back and forth with Dominion, along with 3 pictures of the walls that the intoxicated drywallers worked on. Please note that we were there every day that drywall was being installed, and I spoke with the drywallers each time. This room is the only room in the house that these drywallers worked on, and these are the only walls that have all of these nail pops.

9/18/2014 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: I purchased the house in 5/2003.I contacted Dominion regarding some issues with my foundation, wanting to file a claim against the 30-year warranty. I sent photos on 5/16.On 5/29, Dominion responded that the issues were caused by natural settlement, which was only covered for one year. They suggested I hire a structural engineer to do an inspection if I disagree with their assessment.I attempted to contact Dominion in writing on June 17, but that letter was returned undeliverable.I emailed on 6/26, asking Dominion to pay for the inspection, but they refused. They also stated that I cannot have any repairs done before they have the opportunity to inspect, or I would give up my right to file a claim or be reimbursed.I emailed on 6/27, asking for some clarification, as this seemed contradictory. I received no response.On 6/28, I called and spoke to **** who confirmed the message on 6/26, and again refused to send inspector.On 7/1, the structural engineer inspected the property and said the settlement was not normal, was excessive, and that a geotechnical inspection would be required to determine root cause and provide a recommended solution. This information, along with questions regarding 1-year warranty, and request for Dominion to pay for geotechnical inspection was sent to Dominion on 7/16 via email. Dominion did not respond.I called on 7/18, was sent to voicemail and left a message requesting a call back. Dominion did not respond.I called on 7/19, was sent to voicemail and left a message requesting a call back. Dominion did not respond.I believe the excessive settlement is due to improper geotechnical inspection & preparation of my lot, and improper compaction and backfill of the hole that was dug when the foundation was poured and basement walls built. Dominion can't tell from photos that their workmanship is not to blame. I am currently stuck. Dominion will not respond to me, and I cannot have the repairs completed without forfeiting my rights to make a claim against the warranty.

Desired Settlement: I want Dominion to send the geotechnical engineer to my home to perform all required inspections, and provide root cause and recommendations for solutions. I then want Dominion Homes to repair the damage that has been caused by their mistakes at their expense.

Business Response:

Good afternoon.  We have received and reviewed the complaint submitted by Mr. *******

This home closed in May of 2003 and included a one year limited warranty against yard settlement in excess of six inches in depth.  Ground settlement which occurs approximately ten years after the completion of a home's construction does not indicate or prove a defect or error on the part of the builder.  In fact, there have been reports locally and nationally of last year’s prolonged drought conditions resulting in new and excessive ground settlement and subsequent damage to existing yards, homes, foundations and other property. Although the yard settlement concerns are no longer under any warranty, we have had the Quality Assurance Manager review the photographs supplied by Mr. ****** and due to the fact there is a photo showing what appears to be some potential movement or displacement of the above-grade foundation wall block, we would like to coordinate an inspection of the foundation walls. We will contact Mr. ****** in order to coordinate this appointment.

Consumer Response: This is a preemptive rejection, as in the voice mail from Dominion Homes, I was given an estimate of the week of 8/19 for a scheduled appointment, which is beyond the 10 days that BBB is giving me to respond.

On 7/16 I requested from Dominion information regarding this "One Year Settlement Warranty" to which they frequently refer, and have still received no response.  Even in this response to the BBB they provide no guidance as to where this "one year settlement" coverage is stated in my warranty documentation.  The structural engineer who came to my home said that a Geo-Technical Engineer would need to perform an inspection to determine root cause, and that the settlement is excessive.  The canned response of "drought conditions last year" has no merit unless stated by a person with the proper qualifications, having performed the necessary inspections.

It is impossible to determine from photographs what the root cause truly is.  The photographs to which Dominion is referring are the same photographs that I sent to them back in MAY.  They are only offering to send a inspector now because I have filed complaints.  I do not believe it is coincidence that BBB requires that I respond within 10 days, so they want to schedule the appointment for 14 or more days from now.

I will contact Dominion soon to schedule this appointment, but I wish for this complaint to remain OPEN.  It is highly unlikely that the individual that Dominion is sending is a Geo-Technical engineer. 


























Consumer Response: The Dominion Home Quality Assurance manager arrived promptly at 9:00 AM on 8/22 as planned.  He took several photos of the sinkage of the porch, yard, breakage of drain pipes, settlement areas around the home, and cracks in the exterior foundation walls.  Interior inspection is not possible due to the finishing of the basement.  The finished basement walls are not flush with the cement block, so measurement of the interior walls is not helpful.

He will be taking these photos back to the review board, and I will be notified within 1-2 weeks of their findings.  He already indicated that Dominion Homes will do nothing about the driveway, despite significant sinkage.

The Quality Assurance manger is rejecting the recommendation of the Structural Engineer that a Geo-Technical inspection is required, and that Dominion Homes will not be performing any such inspection, despite his recommendation.  He is in agreement that settlement is causing the issues, but rejecting his assessment that the settlement is far beyond normal, and that a root cause analysis is recommended.  The Quality Assurance Manager is neither a Structural nor a Geo-Technical engineer.

The Quality Assurance manager continued to refer to a 1-year settlement warranty, but was unable to provide assistance in locating it.  I offered to have him walk through the warranty documentation with me, but since I do not have my Homeowners Manual with me (it is at work with my other notes), he declined.  The Homeowners Manual simply says to refer to Warranty Documentation, as I have read through that numerous times.  I have asked Customer Care numerous times in writing and over the phone to point me to this 1-year warranty, and they have not done so.

He made a note to have Customer Care follow up with me on this subject, or to provide formal written notice of the 1-year policy.  Any 1-year warranty that is not expressly stated in my signed warranty documentation cannot be changed after the fact.  The only references to earth movement are in the Limited Workmanship Warranty and 30-Year Structural Warranty documents, and both of those state "earth movement not caused by negligence", which is my claim.

This claim should remain open at this time.

Business Response:

Good morning and thank you for the opportunity to further review this concern. 

This home closed in May of 2003 and included a one year limited warranty against ground settlement; that warranty expired in May of 2004.

We performed an inspection on August 22, 2013 at the home.

We observed ground settlement which has occurred over time, and a lack of proper homeowner maintenance with regard to addressing settlement in order to maintain drainage away from the home, including the fact the downspouts have disconnected and the homeowner has not repaired or reconnected them in order to protect the home.  Disconnected downspouts only direct additional water at and near the foundation, causing further settlement and soil erosion.  This occurrence is not covered by warranty at any time.

The fact that someone has recommended to Mr. ****** that he seek soils testing does not create an obligation or liability on the part of Dominion Homes to participate in or arrange it, nor do we concur it is necessary.  Our position remains as outlined in the following letter, which  was sent to Mr. ****** on 9/11/13:

September 11, 2013

Mr. ******* ****** *** **** ***** ****** ************* ** *****

RE:      Lot#** ***

Dear Mr. ******: 

Due to your report of the occurrence of cracks and separation in the block foundation walls of your home, we recently coordinated an inspection of the affected area.  The cracks appear to be the direct result of ground movement or settlement which has occurred after the completion of the construction of your home.

Your home included specific warranties of defined scopes and finite durations.  Among these warranties were a one year limited warranty against ground settlement and a thirty year limited warranty against actual structural failure (as defined in the warranty documents).  While the structural warranty protects against the actual defined failure of the load bearing components of the home, it does not protect against damage to the load bearing elements caused by any other factors, such as leaks/water damage, settlement, acts of god, etc.   The warranty language exclusions clearly state damage to the load bearing elements caused by ground movement are not covered by any warranty at any time.

There have been reports locally and nationally of prolonged drought conditions over the past year resulting in new and excessive ground settlement and subsequent damage to yards, homes, foundations, and other property.  While we agree that in the ongoing care and maintenance of your home certain repairs to your foundation walls are indeed necessary and appropriate, due to the fact the damage is the result of settlement and there are no applicable warranties, Dominion Homes is not the party responsible for implementing or covering the cost of these repairs.  You may wish to contact your homeowner’s insurance provider if you have not already done so in order to verify whether your insurance policy coverage might lend itself to this situation. 

If you feel our findings are in error, you are welcome to submit a qualified professional licensed engineer’s report citing specific and provable structural failure as outlined in the signed warranty documents for further review and consideration.  Please note:  any and all damage to the load bearing elements resulting from ground movement or settlement of any kind is not covered by any Dominion Homes warranties.

Thank you for the opportunity to review your concerns.

 

Consumer Response: When Dominion originally rejected my 30-year warranty claim, they suggested that I hire a licensed engineer to perform an inspection.  That licensed engineer determined that the settlement on my property was excessive, and that a root cause analysis by a certified Geo-Technical engineer would be required to determine the actual cause.  Dominion's claim that the root cause is homeowner neglect is baseless, as their opinion is not based on facts provided by a Geo-Technical engineer.

The disconnected downspouts to which they are referring are not close to the areas of concern or the crack in the foundation wall.  The corner of the floating slab that is my porch has sunk close to 2 inches.  There is no maintenance that I can do that will prevent that from occurring.  The only way this slab could be sinking is that Dominion did not properly build up and compact a base for the slab to sit.

The issues I am having are not a cause of lack of homeowner maintenance, rather a failure in workmanship.  The Dominion Homes warranty documentation specifically calls out that earth movement that is not caused by failure of workmanship on their part is not covered.  This earth movement is caused by faulty workmanship, namely improper backfill( materials and workmanship) and compaction of the lot.  Dominion is seeking to discredit me, as the homeowner, saying the cause is lack of maintenance.  They would seek to discredit the findings of the engineer, as the Dominion QA Manager repeated rolled his eyes and mocked the recommendation of a "Geo-Whatever".

I believe root cause is improper back fill and compaction of the hole that was dug when the house was built.  This opinion is based on input from friends and neighbors, employed as engineers themselves.  So, Dominion has suggested that I hire a licensed engineer, and I did.  The engineer that I hired is not an acquaintance, so his certified professional opinion is unbiased.  The engineer determined that further tests would be required to determine root cause.  Dominion is unwilling to accept any fault in this matter, and seeks to ignore the findings of the licensed engineer based on their lack of want to resolve the issues.

Business Response: It is unclear to Dominion Homes what specifically the BBB is suggesting to mediate in this matter. 
In light of this, it is premature to ask Dominion Homes to participate in a mediation.  

The homeowner has not qualified their claim.  If they wish to do so, we remain happy to
review any documentation or evidence of a specific and provable structural
failure (as defined in the signed warranty documents) or construction error or
defect.  Unfortunately, submitting a recommendation from another party
that they consider enlisting a qualified party to investigate further does not
meet this criteria as no defect or error has been specifically cited or
proven.  To recap our established claim qualification procedure for all
concerns presented after an applicable warranty has expired:


Dear Homeowner: 

Every home we build includes certain specific limited warranties; each of a defined scope and for a
predetermined period of time as outlined in the warranty documents and
homeowner's manual. Dominion Homes does not offer a preliminary or diagnostic
inspection service for concerns presented after the expiration of the
applicable warranty.  However, we do offer you the opportunity to qualify
your claim for further consideration under the warranties if there is evidence
of an actual construction error or defect. 

Please note: 
corrective measures taken by Dominion Homes during the warranty period or at
any time do not alter or extend the original warranty period, nor do they
obligate Dominion Homes to further action in the future, as explained in the
signed warranty agreements. Therefore, any prior history of repairs in or near
the currently affected area does not in and of itself create any obligation on
the part of Dominion.

If you feel your current concern requires further consideration from Dominion Homes, you are welcome to
qualify your claim for further review by submitting written documentation from
a qualified professional which clearly cites an actual and provable specific
construction or installation defect or error, or structural failure, along with
photographs or any other evidence to clearly illustrate and support the
claim.   We will be happy to review any such contractor findings. 

Important:  Please do not have any repairs completed if you would like us to review any contractor
findings and photographs for further consideration. No reimbursement shall be
made for repairs made by another party.  If you or your contractor feel
there is evidence of an actual builder error or defect, then Dominion Homes
must be afforded BOTH a) the opportunity to view or inspect the alleged error
or defect as constructed, and b) the opportunity to remedy or repair the
concern.  Per the signed warranty agreements, if you instead opt to have
another party proceed with corrective measures or with the removal or
alteration of the original components or construction claimed to be defective,
then you shall waive your right to further review and involvement by Dominion
Homes and no reimbursements shall be made for any reason.

Thank you for the opportunity to review your concern.  Please let us know if you have
further questions about the specific applicable warranty for your home in
relation to your current concern, or about the claim qualification and
submission process.

Consumer Response: I  do not accept Dominion’s response, in that it is a refusal to participate in
mediation, or accept any responsibility for the issues with my house and
property.  Dominion has been inconsistent in their communications and
reasoning in rejecting my warranty claim.  At first, they rejected my
warranty claim without even performing an inspection of the property.  I
sent the first photos on May 16th, and Dominion did not respond until May 29,
stating the following:


“Thank you for the information.  Unfortunately,
the photographs you provided does not provide proof of any actual
structural failure as defined in the warranty documents that were provided
to you.  It appears to be settlement that has occurred at your
home.  Dominion Homes offered a one year settlement warranty. 
This warranty expired in May of 2004.     

There have been reports locally and nationally of last year's prolonged drought
conditions resulting in new and excessive ground settlement and
subsequent damage to yards, homes, foundations, and other
property.  Dominion Homes offers a 30 Year Limited Structural
Warranty against actual structural failure (as defined in the warranty
documents).  While the structural warranty protects against the actual
defined failure of the load bearing components of the home, it does not protect
against damage to the load bearing elements caused by any other factors, such
as leaks/water damage, settlement, acts of God, etc.  The warranty
language exclusions clearly state damage to the load bearing elements caused by
ground movement is not covered by any warranty at any time.


If you feel our findings are in error, you are welcome to submit a qualified professional
licensed engineer's report citing specific and provable
structural failure as outlined in the signed warranty documents for further
review and consideration.  Please note:  any and all damage to the
load bearing elements resulting from ground movement or settlement of any kind
is not covered by any Dominion Homes warranties.


Thank you for the opportunity to review your concerns.”


Based on this response I hired a structural engineer, **** ****** from **** ***., to
perform an inspection.  The inspection was performed on 7/1/2013. 
The structural engineer’s letter stated: 

“It is my professional opinion that the amount of subsidence of the ground, slabs and pavement is excessive and it has the
potential to adversely affect the foundation of the house.  Surface water
is directed towards the foundation and water from the downspouts may not be
properly directed to the underground drains and discharged at the curb. 

I recommend that you engage the services of a geotechnical engineer to determine the cause of the subsidence so that a solution can be developed that addresses the root cause of the problem.” 

I sent this information to Dominion on 7/16 and received no response.  Follow up phone calls went
unreturned.   That is when I turned to the State Attorney General and
Better Business Bureau, with the BBB complaint filed on 7/24.

Once a complaint had been filed, Dominion finally agreed to send a QA Manager to perform an
inspection.  This inspection did not occur until 8/22.  The QA
Manager rejected the recommendation of the structural engineer.  In the
follow-up message to BBB on 9/11, Dominion then cited a lack of homeowner
maintenance as the cause, and went on again to reject the claim of the
professional structural engineer again. 

“We observed ground settlement which has occurred over time, and a lack of proper
homeowner maintenance with regard to addressing settlement in order to maintain
drainage away from the home, including the fact the downspouts have
disconnected and the homeowner has not repaired or reconnected them in order to
protect the home.  Disconnected downspouts only direct additional water at
and near the foundation, causing further settlement and soil erosion. 
This occurrence is not covered by warranty at any time.

The fact that someone has recommended to Mr. ****** that he seek soils testing does not create an obligation or liability on the part of Dominion Homes to participate in or arrange it, nor do we concur it
is necessary.”

The Dominion Workmanship Warranty and 30-Year Structural Warranty both state that "earth movement
not caused by negligence" is excluded.  It has been my claim all
along that the earth movement is the result of negligence on the part of
Dominion, which is what a geo-technical inspection would prove.  The
structural engineer believes the geo-technical inspection is warranted. 
Dominion should not have the option to refute the opinion of the professional
engineer without the report of another structural engineer, or other licensed,
unbiased professional.    

I have called multiple geo-technical engineers, and they have told me that is going to cost well over
$2,000 to have these inspections and tests performed.  It is, in my
opinion, unreasonable that I should have to be responsible for that kind of expense
in order to have my warranty honored.  I have already spent hundreds of
dollars on the structural engineer’s inspection and recommendation, only to
have Dominion reject his findings without providing anything that would
contradict them.  Additionally, because Dominion is saying they don’t
believe the tests to be necessary, how am I to know they would honor the
results of these tests? 

In rejecting BBB Mediation, Dominion is now saying that I have not qualified my claim:

“It is unclear to Dominion Homes what specifically the BBB is suggesting to
mediate in this matter. 

In light of this, it is premature to ask Dominion Homes to participate in
a mediation.  

The homeowner has not qualified their claim.  If they wish to do so, we
remain happy to review any documentation or evidence of a specific and provable structural
failure (as defined in the signed warranty documents) or construction error or
defect.  Unfortunately, submitting a recommendation from another party
that they consider enlisting a qualified party to investigate further does not
meet this criteria as no defect or error has been specifically cited or 
proven.”

They say this, even though this “other party” was a hired structural engineer, and the structural engineer
has said that the ground movement is excessive, and this is what has caused the
issues
 
Dominion is also very careful to include the following disclaimer in several of their responses: 

“Important:  Please do not have any repairs completed if you would like us to review any
contractor findings and photographs for further consideration. No reimbursement
shall be made for repairs made by another party.  If you or your
contractor feel there is evidence of an actual builder error or defect, then
Dominion Homes must be afforded BOTH a) the opportunity to view or inspect the
alleged error or defect as constructed, and b) the opportunity to remedy or
repair the concern.  Per the signed warranty agreements, if you instead
opt to have another party proceed with corrective measures or with the removal
or alteration of the original components or construction claimed to be
defective, then you shall waive your right to further review and involvement by
Dominion Homes and no reimbursements shall be made for any reason.” 

Based on this, Dominion is telling me that as soon as I have the issues fixed, I forfeit my rights to make
claims against my warranty.  They will not be responsible for any
reimbursement of any repairs.

I will follow up with you again later tonight, providing copies of the Workmanship and 30-Year structural
warranties.  If you need them, I will resend the photos, as well as the
letter that was provided to me by **** ******* of **** **** 

What are the next steps from
here?  If Dominion is unwilling to participate in mediation, what happens
next? 

Consumer Response:

I wanted to take a moment to provide and update on this case.  I have spent the last few weeks arranging for contractors to come out and provide estimates for the repairs to the drainage systems, as well as the areas around the house that have issues due to the excessive settlement.

The estimate for the driveway came to approx. $1000 to repair or $1500 to replace.  The contractor said that the driveway is sinking due to a lack of proper compaction around the foundation.

The estimate for the porch came to approx. $450+, depending on how much grout would be required to fill the voids left during construction.  The contractor said that the porch slab is sinking to due to lack of proper compaction around the foundation.  He went on to say that there is literally nothing I could have done to have prevented this from occurring.

The estimate for repairing the drainage system was not as straight forward.  I was quoted $2100, but that was a worst case scenario estimate. He would only replace the sections that need to be replaced.  This contractor did not discuss any kind of root cause.

I would ask that Dominion take the opinions of these contractors into consideration.  These are consistent with my assertion that the ground around the foundation was not properly compacted, and is the the cause of the problems I have reported.  Thank you for your attention on this matter, and I look forward to scheduling these repairs once the weather allows them to be performed.


Business Response:

As a reminder, in order to qualify the claim(s) for further review, Dominion Homes must be provided with the following information: (content pasted from our standard protocol to qualify claims outside of the standard or initial warranty period)

"Every home we build includes certain specific limited warranties; each of a defined scope and for a predetermined period of time as outlined in the warranty documents and homeowner's manual. Dominion Homes does not offer a preliminary or diagnostic inspection service for concerns presented after the expiration of the applicable warranty.  However, we do offer you the opportunity to qualify your claim for further consideration under the warranties if there is evidence of an actual construction error or defect.  

Please note:  corrective measures taken by Dominion Homes during the warranty period or at any time do not alter or extend the original warranty period, nor do they obligate Dominion Homes to further action in the future, as explained in the signed warranty agreements. Therefore, any prior history of repairs in or near the currently affected area does not in and of itself create any obligation on the part of Dominion.

If you feel your current concern requires further consideration from Dominion Homes, you are welcome to qualify your claim for further review by submitting written documentation from a qualified professional which clearly cites an actual and provable specific construction or installation defect or error, or structural failure, along with photographs or any other evidence to clearly illustrate and support the claim.   We will be happy to review any such contractor findings. 

Important:  Please do not have any repairs completed if you would like us to review any contractor findings and photographs for further consideration. No reimbursement shall be made for repairs made by another party.  If you or your contractor feel there is evidence of an actual builder error or defect, then Dominion Homes must be afforded BOTH a) the opportunity to view or inspect the alleged error or defect as constructed, and b) the opportunity to remedy or repair the concern.  Per the signed warranty agreements, if you instead opt to have another party proceed with corrective measures or with the removal or alteration of the original components or construction claimed to be defective, then you shall waive your right to further review and involvement by Dominion Homes and no reimbursements shall be made for any reason.

Thank you for the opportunity to review your concern.  Please let us know if you have further questions about the specific applicable warranty for your home in relation to your current concern, or about the claim qualification and submission process.

Sincerely,

Unfortunately, the email sent earlier today did not contain any attachments of statements of specific and provable construction defects, just a summary of what the homeowner says the contractor(s) stated to him.  We remain ready and willing to review the appropriate qualifying documentation and photographs or other evidence which clearly demonstrate a specific and provable defect or error.

Thank you,



Business Response:

 

April 8, 2014

 

Due to several recent pushes for mediation or arbitration in the absence of the consumer/homeowner providing proof of an error or defect on the part of Dominion Homes, we are again making an effort to fully understand the BBB's position in relation to an open complaint.   

 

Ms. ******* continues to state that Dominion Homes MUST schedule arbitration - however, it is unclear exactly what Ms. ******* expects arbitration to accomplish in this specific matter when she has inexplicably not required Mr. ****** to produce the documentation he has reportedly obtained, nor has Dominion Homes been afforded an opportunity to review and respond to any such documentation.  The lack of opportunity to inspect the documents did not, however, deter Ms. ****** from stating that now that she has been informed such documents exist, Dominion Homes must offer a settlement in response or agree to schedule arbitration.  Please explain this logic.  We have no knowledge as to the content of the documentation and therefore cannot use it as a basis for any type of offer. It would be more efficient and make more sense to allow us to receive and review the material in the hopes it might prevent the need for further steps.

 

As a reminder, Mr. ****** entered into a legally binding contract with Dominion Homes when he purchased his home.  His home closed in 2003 and all foundation wall crack and yard settlement warranties expired in 2004 - nearly ten years ago now.  The sole warranty still in effect for this home is the warranty against the defined structural failure of the load bearing elements of the home, i.e., failure which renders those load bearing elements incapable of performing their intended function(s) and makes the home unlivable.  The yard settlement, conductor line separation, and nominal width foundation wall cracks which have occurred at this home years after closing simply do not meet the criteria outlined in the warranty agreements signed by Mr. *******

 

However, even though the applicable warranties have expired, we did perform an on site inspection in August of 2013.  No structural failure was evident.  No construction errors or defects were evident.  We observed ground settlement which has occurred in the nearly eleven years which have elapsed since the completion of construction.  We explained that there was no action to be taken by Dominion Homes unless the homeowner qualified the claim for further review by providing specific information.  The process provided to both Mr. ****** and the BBB stated in part: "If you feel your current concern requires further consideration from Dominion Homes, you are welcome to qualify your claim for further review by submitting written documentation from a qualified professional which clearly cites an actual and provable specific construction or installation defect or error, or structural failure, along with photographs or any other evidence to clearly illustrate and support the claim.   We will be happy to review any such contractor findings." What we received from Mr. ****** was a letter from a structural engineer citing the occurrence of ground settlement and recommending that he seek the opinion of a geotechnical engineer.   This letter from **** Structural Engineering confirmed our findings that settlement had occurred (which is not warrantable after the first year in the home) but it did not cite any structural failure or specific construction error or defect.  Simply put, the claim has not been qualified for further review even though we've outlined the process several times.

 

On the afternoon of Monday, March 31, 2014, Ms. ******r sent an email to Dominion Homes stating "Unless I hear from you with a settlement proposal…..by APRIL 4th, I will start the Arbitration paperwork."  In response to our reply stating, "It is impossible for us to respond to documentation which has NOT been supplied to Dominion Homes for review. Nothing was passed to us by Mr. ******, and nothing is attached to your e-mail below," Ms. ******r stated, "I do not have anything new in this case.  .  Mr. ****** will bring whatever documentation he has to the Arbitration hearing." This defies logic. The BBB has not received or reviewed said documentation, nor have they offered us the opportunity to do so.  Yet, inexplicably, Ms. ******r has indicated that being informed that this documentation of some sort now exists, should compel Dominion Homes to somehow now be in a position to make a "settlement offer." 

 

It is impossible for us to agree to an arbitration when the homeowner has not complied with the established protocol to qualify their claim(s), and when the BBB does not require the consumer to validate the claim prior to pressing for a binding arbitration appointment. Furthermore, although Ms. ******r stated we had through April 4, 2014, to respond to her March 31, 2014 request, she forwarded the arbitration demand at 9:36 AM on April 4, 2014, prior to the response period expiring.

 

Mr. ****** signed and agreed to very specific contractual and warranty documents in the course of his home purchase.  We have honored and continue to abide by those warranties. We have provided documentation both to the homeowner and to the BBB regarding the established process to qualify this claim for further review. 

 

As asked in other recent correspondence to the BBB, we truly wish to understand what it is the BBB feels we are missing or failing to address in this matter, in the absence of any qualifying information.  We ask the BBB to please clarify for us exactly what it is that you feel can specifically be arbitrated in this matter. We are eager to receive and review your response. 

 

Additionally, we again respectfully ask that you please provide us with the terms of our accreditation or agreement with the BBB which allow the BBB to supersede the legally binding contract between the homeowner and Dominion Homes, and force an arbitration in the absence of proof from the consumer.  

 

As we've previously offered, we would be happy to address this by phone or in person at our office or yours with the appropriate BBB personnel; however, we must again reiterate that until or unless the BBB provides this clarification, it is impossible for us to in good faith consider participating in an arbitration of an unqualified and unproven claim. Please let us know how you would like to proceed, so that we can discuss this matter and determine our position and next steps.

 

Thank you,

 

 

 

 

Business Response:

As a reminder, Dominion Homes has submitted several unanswered requests to the BBB (Ms. ****** and Mr. *****) for documentation relative to both the BBB's right to supersede the legally binding contracts between the homeowner and Dominion Homes, and the BBB's authority to bully or force a company into an arbitration in the absence of a qualified claim.  Simply put, this claim has not been qualified.  Submitting a contractor's opinion that the homeowner should have something evaluated, and/or submitting a list of estimates for potential work to be done at a home, do not prove any construction error or defect on the part of the builder. Repeatedly we have outlined the process to qualify a claim for consideration, and repeatedly that criteria has been ignored.  We remain willing to review any documentation of a specific and provable error or defect on part of Dominion Homes.  Regrettably, no such information has been provided to date.

Due to the BBB's lack of acknowledgment of or response to our queries, we have NOT agreed to proceed with arbitration in this matter.

 

 

Consumer Response:

Thank you for forwarding this message.

Dominion Homes is not referring to a pre-arbitration clause.  They are referring only to their warranty process, to which they are saying my letter from **** Inc. stating that the settlement of my porch, garage slab, driveway, and lot "is excessive" is not qualification enough in their opinion.  The letter clearly states the engineer's professional opinion that the settlement is excessive, and that it is causing damage (and may cause future damage) to my foundation.  They have provided nothing to contradict the structural engineer's statement.  They have shown nothing to prove that the settlement is normal and that these issues should not be considered installation defects, and that the damage already caused should not be covered.

So if they are unable to produce a pre-arbitration contract, that means the case is closed?  What happens to Dominion at that point?  They were an "A-" rated company before their case was marked for review. 

I would like to point out again the timeline of this claim.

Tomorrow will mark the 1-year anniversary of this claim being filed with BBB.  Since Dominion refused Mediation in November, the case went without updates for a month.  I asked for udpated on 12/3 and again on 12/12.  Then the response on 12/13 was "Arbitration after the first of the year".  On 1/13 I asked for more updates, and nothing happened still until 2/10.  That was a 3 month gap in any activity on the account.  

I requested a delay in Arbitration, to which Dominion eventually refused to participate in May.  Two more months pass since that time with seemingly nothing going on, despite my numerous requests for updates.  So, it's been 8 months since Dominion refused Mediation in November, and 5 of those months were spent idle.

 

 

 

On Wed, Jul 23, 2014 at 7:59 AM, Kristi Ferguson <kferguson@centralohio.bbb.org> wrote:

Mr. ******,

 

Copied below is the communication in question from Dominion that BBB received in May 2014  as one of several responses to your complaint.

 

The unusual claim in the communication was brought to my attention on July 14, 2014.

 

Accordingly, I sought clarification from national BBB legal advisers.

 

Due to the company’s reference to a legally binding contract between you and Dominion that Dominion states supersedes BBB’s authority concerning proceeding with arbitration through BBB, BBB is obligated at this time to seek the details previously conveyed.

 

Though you are understandably frustrated Mr. ****** that this matter was not clarified sooner, you will need to wait until that request and evaluation is completed.

 

BBB anticipates being able to take the next step within 5 business days of today’s date.

 

From: CustomerCare@dominionhomes.com [mailto:CustomerCare@dominionhomes.com
Sent: Wednesday, May 14, 2014 2:06 PM
To: Mary Lou ******r
Subject: Re: ARBITRATION #9635999

 

Dear Ms. ******r:

 

As a reminder, Dominion Homes has submitted several unanswered requests to the BBB (Ms. ******r and Mr. Morse) for documentation relative to both the BBB's right to supersede the legally binding contracts between the homeowner and Dominion Homes, and the BBB's authority to bully or force a company into an arbitration in the absence of a qualified claim.  Simply put, this claim has not been qualified.  Submitting a contractor's opinion that the homeowner should have something evaluated, and/or submitting a list of estimates for potential work to be done at a home, do not prove any construction error or defect on the part of the builder. Repeatedly we have outlined the process to qualify a claim for consideration, and repeatedly that criteria has been ignored.  We remain willing to review any documentation of a specific and provable error or defect on part of Dominion Homes.  Regrettably, no such information has been provided to date.

Due to the BBB's lack of acknowledgment of or response to our queries, we have NOT agreed to proceed with arbitration in this matter.

 

Sincerely,

Dominion Homes Customer Care

 

 

Sincerely,

 

Kristi Ferguson, Director of Data Quality & Standards

Better Business Bureau Serving Central Ohio

1169 Dublin Rd.

Columbus, OH 43215

p: 614-754-4562

f: 614-486-6631

kferguson@centralohio.bbb.org

bbb.org Start With Trust®

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Business Response:

Good morning.  Attached per your request are the signed contract documents between Mr. ****** and Dominion Homes.  We had to order these signed records from our off site records retention service, therefore it took a few days to receive them.

Mr. ******'s 2003 contract does not have an arbitration clause in it but does state his specific warranty coverage.

Please let us know which piece of information we submitted relative to the ****** complaint you are referencing, so we can clarify or correct any error from our side.

Thank you.

Dominion Homes Customer Care


8/23/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I built a home with Dominion Homes and it was completed November of 2012. Dominion Homes has been giving me the run around for 2 years as we waited to have our yard graded because it has been sinking in the front of the home and on the right side. They finally came Thursday 8/62014 after many calls and a complaint made by my wife to the BBB. The sod that they laid down over the new dirt is completely dead. My whole front yard is brown and dead. When I called Amber with customer service, they informed me that they do not have a warrantee on the new grass. I asked to speak with a manager and they denied my request. My yard is embarrassing and I would like them to come out and fix it.. All they did is make it worse and they state that they have no solution for my problem of dead sod that they laid. I have left several messages letting them know of the concerns we have with the dead grass and no one will call back. It is unbelievable to me that they will not come back and fix my yard. This is unacceptable customer service and needs to be addressed. They have an obligation to fix my yard the correct way and with live sod, they have not fulfilled that obligation.

Desired Settlement: Please come back and fix my yard. This is embarrassing, I want to be treated fairly and want this resolved ASAP.

Business Response:

Good afternoon and thank you for the opportunity to review and respond to this complaint.

This home closed 11/16/12 and included a one year limited warranty agaisnt yard settlement in excess of six inches in depth, as outlined in the homeowner's manual. 

The manual also explains that all yard settlement repairs are addressed one time only, and as they are not emergency items, they are to be submitted as a part of the one year House Call warranty program list compiled by the homeowner, at or by the one year anniversary date of the closing.  We received this homeowner's House Call list by fax on 12/16/13, with yard settlement listed as an item to be reviewed and inspected. 

We scheduled the House Call warranty initial site visit to take place on 2/26/14. At that appointment, our Quality Assurance Technician inspected the yard and wrote up the following (which was signed by the homeowner): "yard settlement - front yard - right side of driveway near walk.  slight yard settlement in front yard. yard will be placed on weather permit to correct grade." 

As this inspection appointment took place during winter months when our exterior contractors do not complete repairs of this nature due to inclement seasonal weather conditions, this was placed on our spring/summer list to be completed.  The work then took place last week. 

Our Quality Assurance Technician was on site during the majority of the repair process on Thursday, and went out to view the completed work on Friday in order to ensure it had been resolved.  He watched the contractor lay the sod and has verified that it was not dead at the time of install on Thursday, or on Friday when he viewed the completed repairs. 

It is the responsibility to ensure that the sod has sufficient water in order to take root and thrive.  As the sod was not in fact dead at install or 24 hours later, there is no further action to be taken by Dominion Homes.

 

Thank you.

Dominion Homes Customer Care

8/11/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We have moved into our home on May 6th 2014. We do not have grass yet. Dominion homes is starting the process of placing grass. They however are placing grass at home with no current residents. They are catering to people who have not moved in yet. But for some of the first residents in the neighborhood they are still waiting on sod. It seems to me that Dominion homes is more concerned with the people that haven't closed on their homes yet and also the residents in the more expensive homes.

Desired Settlement: I would like my grass laid before the unoccupied homes.

Business Response:

Good morning and thank you for the opportunity to respond to this concern. 

Attached is a copy of a document lableled "escrow items," which was provided to, reviewed with, and signed by the homeowner on 4/28/14.  We readily disclosed the fact that some homes which have not yet closed would likely receive some exterior installations first (prior to homes which closed before the season for that work began) due to varying municipal requirements, etc.  We've also attached a copy of an email sent to the homeowner on 5/14/14 assuring them the work would be completed as quickly and efficiently as possible.

Please let us know if we can be of further assistance or if additional information is needed.

Thank you,

Dominion Homes Customer Care

Consumer Response: I am rejecting this response because:

 
I don't dispute that information provide, but the fact remains that your catering to the people whose money you have not received yet. Wouldn't be better practice to finish the service to those who have already closed on their homes than to those who are not in their homes yet?We have been here for 3 months dealing with mud and flooded alleys and streets. My brand new home's floors are filthy because when it rains there is no way around getting muddy. I have received my sod,The last one mind you, but I was one of the first residents to move in. 
My complaint I guess isn't really about sod but your unethical way of conducting business. 


7/15/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Filled out an application to build a home with Dominon in Cumberland Crossing. We put the initial deposit of $3000 down. We were told and quoted by the seller a 4.125% interest rate. The seller kept using this rate when quoting the mortgage payment. When the mortgage lender (******** ********) came back with a loan request for signatures we saw it read 4.75%. We were not happy with this rate and cannot afford the house at that rate. We also needed the numbers rerun because we forgot to figure in daycare expenses for an infant in October when we are expecting. ******** never reran the numbers and approved the loan and we never signed the inital loan request. No permits have been pulled by Dominion. The roads have not even been put in and the phase before the one we were going to build in is not even close to completion. They kept giving us different move in dates from Feb. 2015 to June 2015. We could never get a straight answer. Dominion is denying giving back the $3000, when they have literally done nothing for the home build. Legally we should be able to get out of this because we can't afford the house at that interest rate and with daycare expenses. They keep giving us the run around and refering us to different people to speak with. This is poor business ethics. They are keeping $3000 dollars from customers and doing no work in return. We never saw the cancelation request they sent to corporate or the denial request back from corporate which is fishy. It's basically hearsay of the seller saying they are denying us without providing documents and explanations.

Desired Settlement: We would like for Dominion to refund us the $3000 deposit.

Business Response: Good afternoon and thank you for the opportunity to review this information.  Our Sales Manager spoke with Mr. ********** this morning and already determined that the full deopist would be refunded; this took place prior to our receipt or notification of a BBB complaint.  It is our understanding this concern has already been resolved. 

Consumer Response: I have reviewed the response made by the business in reference to complaint ID ********* and find that this resolution is satisfactory to me.  Thank you Dominion Homes for being understanding of the situation and handling it so quickly.  It is greatly appreciated.

6/30/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I have lived in my new home for 2 years this July. When we build the home the grading was not done properly. We have asked Dominion multiple times and even have it in writing that "weather permitting" they will be fixing the issue. It has been such a struggle getting them to understand the severity of the issue. The poor grading of our lot has no resulted in our air conditioner unit falling out of the house and also the back stoop is tilting sideways. Dominion needs to fix this issue before more damage is done.

Desired Settlement: I want my lot to be graded correctly and I want the sod to be replaced once the fix the issue.

Business Response: Good afternoon and thank you for the opportunity to review this concern.  We have asked our Quality Assurance technician to do an exterior inspection while in the neighborhood this week.  We will have more information with regard to the outcome of that inspection at the beginning of the coming week and will follow up at that time.

Thank you,
Dominion Homes Customer Care

Consumer Response: I am rejecting this response because:

 
I have been waiting for a response for almost a year on this. I will accept it when the work is completed to the standards that Dominion promised us when we chose to build with them. 


Business Response: Good afternoon.  Our records indicate that the yard repairs were verified to have been completed at this home as of June 23, 2014.

Consumer Response: I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.

6/23/2014 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: I contacted Dominon Homes because there is mold in the seal of our master bath window. Because we are still under our new home warranty, I sent pictures of the issue to the subcontractor that installed our windows. Dominon then came back and stated that they reviewed the pictures and determined that the mold is a result of humidity and moisture in the home. They stated that our warranty doesn't cover mold. However, I also contacted an outside contractor with experience in window installation. He stated this is not a result of moisture or humidity. The wrong product was used to install or seal the window. It is not moisture resistant and should be removed and replaced.

Desired Settlement: I want this window removed and replaced with the correct installation materials. I have family members who have respiratory issues which will be aggravated should this problem persist.

Business Response: Good afternoon and thank you for the opportunity to review this complaint.  When Ms. ***** notified us of a window concern, we referred her directly to the installer, 84 Lumber, as the authorized agent of the window manufacturer in order to evaluate her concern.  84 Lumber followed up with Dominion Homes to advise us they had determined there was condensation present, which is not a warrantable concern.  Regrettably. although Ms. ***** states in her BBB complaint that she has since had the window inspected by another party and has received different findings, she has not opted to share that new information or provide a copy of those findings to Dominion Homes.  We will be happy to review them if she would simply forward them to us for further consideration.  Unfortunately, we cannot respond to the content of new information which has not been shared with or provided to us.  We remain willing and eager to review her contractor's findings.

6/17/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We built a new Dominion home - moved in Oct 2013. Late December we noticed our yard has huge sink holes. I requested the sink holes be repaired early spring. I just received this response:Good afternoon and thank you for your e-mail. We apologize for the delay in responding to you. We recommend that you put any settlement concerns on your one year house call list as we address settlement one time only in the first year. We typically recommend that a homeowner wait to have any settlement concerns addressed at their one year house call, however, you are welcome to submit photographs of the settlement concerns if you feel this issue cannot wait for the one year house call. I ONE YEAR HOUSE call (key word is HOUSE) is exactly that the house. It is clearly that when Dominion laid the sod it was not done correctly. We will not be able to cut our lawn due to the sink holes. We have a HOA Fee that we will be find if the lawn is not cut.

Desired Settlement: I would like the lawn to be resodded (dirt packed down correctly) early spring. Fixing our lawn will not be part of the ONE YEAR House inspection.

Business Response:

We have received and reviewed the complaint filed by *** ******.

 

As outlined in the Homeowner’s manual (page 4), “All yard settlement concerns will be addressed one time only during the first year.”  Page 176 explains that the yard settlement warranty addresses only areas that have settled six inches or more in depth.  The Homeowner Orientation form, signed by *** ****** on October 8, 2013, states “Issues that you identify after the close of your home that are covered by Dominion Homes’ standard warranty and/or our manufacturers’ warranties will be addressed at your House Call, which you must initiate.”

 

This information was explained to *** ******.  All non-emergency items are to be submitted by the homeowner for the one year House Call program around the 10-12 month mark post-closing.  The warranty clearly defines emergencies as being items such as a complete loss of heat, water, or electricity.  If a homeowner feels an item which is not defined as a true emergency under the warranty terms simply cannot or should not wait for the House Call visit, then the homeowner is welcome to submit photos of the concern for further consideration.  We do not offer a preliminary inspection in the absence of a true emergency or  the homeowner providing documentation photos. *** ****** has indicated she is unwilling to qualify her claim for further review by submitting photos.  We remain ready and willing to review photos in order to determine whether further action is appropriate at this time, or if this concern should wait for the House Call.

 The e-mails sent to *** ****** are pasted below:

 

ONE

>>> CustomerCare 2/28/2014 2:01 PM >>>
Good afternoon and thank you for your e-mail.  We apologize for the delay in responding to you.  We recommend that you put any settlement concerns on your one year house call list as we address settlement one time only in the first year.  We typically recommend that a homeowner wait to have any settlement concerns addressed at their one year house call, however, you are welcome to submit photographs of the settlement concerns if you feel this issue cannot wait for the one year house call. 

 

Please let us know if you have any questions or need any additional information.

 

Sincerely,

 

Dominion Homes Customer Care

 

TWO

>>> CustomerCare 3/3/2014 4:29 PM >>>

*** ******,

 

As stated in our previous e-mail, we address settlement concerns one time in the first year.  If you feel this issue cannot wait for the one year house call, please e-mail photographs of this settlement.  We will be happy to review them for further consideration.

 

Sincerely,

 

Dominion Homes Customer Care

Consumer Response:

Complaint: *******

I am rejecting this response because:

Due to the snow in the lawn pictures will not show the Depth and width of the multiple sink holes.  Both the South and North side of our home the entire length is a sink hole.  As I stated to Dominion - the areas of the sink holes cannot be cut during the spring, summer months.  There are multiple new home being built.  I am certain there are Constructionn managers (BEN), that is by our home weekly if not daily.  Why can't they walk across the street and few our lawn? 

If the lawn is not well kept, we will be fined by our HOA. 

Regards,

***** ****** 

Business Response:

Good afternoon.  As *** ****** refused to follow the normal claim qualification process of sending a photo of the area of concern, we have taken a look at the yard. While no "sinkholes" were visible, we did note a trench-like area of settlement which has occurred.  We will be happy to place fill dirt in those areas as a seasonally appropriate fix for the time being.  As it is not mowing season and all grass is currently dormant, there is no impending threat of an HOA violation for not mowing at this time. Please note that per the signed contracts and warranty documents, all homeowners are entitled to a one-time-in-the-first-year yard settlement repair which includes topsoil and sod for areas which have settled at a depth of six inches or more.  *** ****** can decide whether she'd like to exercise her onetime yard settlement repair (this does not include the fill dirt mentioned previously) in conjunction with this spring's list of weather-permitted repairs as we and our contractors are in her area, or if she would prefer to wait and submit her concerns at her one year house call.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ******** and find that this resolution is satisfactory to me.  I would like to note that *** looked at our yard as well as talked to my Husband concerning the sink hole/trench (whatever Dominion wants to call it).  I did take pictures on March 15th, the pictures does not show the depth and length of the problem areas.  Concerning the lawn does not require mowing at this time.  I initally contacted Dominion homes in December and here it is the middle of March.  It took them three months to resolve the issue.  Very poor customer relations.

Regards,

***** ******

Consumer Response: April 3, 2014
Better Business Bureau
1159 Dublin Rd
Columbus Ohio

Complaint ID *******
Ann: J**** ***** *******


Saturday March 29 rained most of the day - giving me a perfect opportunity to
take pictures of the sink holes in my yard. Please review the enclosed pictures of
the sink hole on the North side of home, as well as sink hole in front of the home.

Dominion had one of their Associate come and look at our yard. Per their
response to BBB on March 20, 2014 (While no "sinkholes were visible) - has you
can see there are sinkholes which has been visible since I made my first complaint
to Dominion back in December 2013.

The trench on the South side of our home which Dominion did identify is getting
deeper. Spring is here and it is time to fertilize our yard. We are exercising our
right for Dominion to repair what was clearly not done correctly the first time -
to place fill dirt in the trenches and sink holes when their contractors are in the
area. Please note there are FIVE homes surrounding our home that has not
received their fill dirt and sod. I expect our home to be included during the time
these homes receive their dirt and sod.

Sincerely,
*** *** ***** ******
**** ****** ***** **
******* **** *****
*** ***
*** **** ******** *******

Business Response: Our records indicate that the yard settlement repairs were in fact completed at this home as committed.  However, as you can see in the attached photos, the homeowner has not been watering the new sod and it is dying as a result.  It is the responsibility of the homeowner to care for the sod.  Please let us know if you require further information from Dominion Homes.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me.
Please note - the dirt was filled in the areas on Monday 5/5/14 - Sod received on 5/6/14 ( a week today).  We have been watering, as well as it has been raining a lot the last few days.  We are well aware that we are responsible for watering and keeping the lawn green. 

I want to thank the BBB for all your support in this issue.  Hopefully moving forward Dominion Homes will respond to thier customers in a more timely manner and with respect.



Consumer Response:

From: ******* ***** ******************************** 
Sent: Wednesday, May 14, 2014 8:22 AM
To: ************************************
Subject: RE: You have a new message from the BBB of Central Ohio in regards to your complaint #******** 

Good morning ***** ***** ********

I apologize for reopening this case again; however, after taking to my neighbor last night I believe the new sod was dead before it was placed in my yard.

Monday May 5th, returned home from work at 5:30 (Dominion never contacted me of  the work scheduled for May 5th).  The crew was filling in the areas with dirt, said they would be back on May 6th to lay the sod.  I had to fly to Maine early on May 6th for the week.   When my husband returned home from work on May 6th, he immediately started watering the new sod. With our watering and  Franklin County receiving  a lot of rain the last week – sod should not be died.  Healthy sod does not die within a few days.

There were three homes that sink holes had to be fixed – all three lawns were fixed at the same time. The other two homes received healthy green sod.  Isn’t interesting that the home owners that went to the BBB received brown sod?  The homeowner beside us said that he received his sod in the front and east side of his home first and then the crew came to our home where he noticed the sod was not green.  He still had a large section on the west side of his home to be sodded.  After the crew finished our lawn the leftover sod was placed on his west side (that is the only area that has died sod).

At this point, I am not sure what the BBB can do for us.  We can’t force Dominion to have integrity, value their customers, accountability or even treat customers the way they would want to be treated.   MI homes was my first choice to build our home, I should have gone with my instinct. 

I included pictures – three of the sod placed on May 6th, and one prior to May 6th.  


Thank You
 
***** ******

Business Response:

The sod/landscape contractors utilized by Dominion Homes have no idea whether or not a homeowner has an open complaint against Dominion Homes.  The mere suggestion we/they have separate batches of sod and install different grades of grass based upon this type of criteria is an absolute fabrication and quite simply not logistically possible.  Furthermore, if the homeowners felt on 5/6 that they had received "died sod," then they should have immediately notified Dominion Homes of this concern.  We have personnel in the communities on a regular basis and no irregularities with regard to the sod laid at this home were detected.  Furthermore, it was only after we supplied photos to the BBB indicating that the work had been completed but that the new sod was drying out, was it then stated approximately a week after installation that the homeowners were now unhappy with the sod which had been laid the prior week.  We simply cannot entertain the claim of discrimination by Dominion Homes in the form of sod quality differences, nor is there any basis for further action on the part of Dominion Homes with relation to the sod.

Consumer Response: I am rejecting this response because:

Obviously Dominion did not read my response – when I left for business in Maine on May 6th at 6:00 am the sod was not replaced at the time.  The pictures clearly show the sod was dead at the time of replacement.  I knew Dominion would not take ownership of their contractors – they have no respect for their clients.  We are in discussion with other homeowners that has complaints concerning their lawns and lack of fixing one year inspection issues.  We will be contacting the Attorney General and Action Six News.  Again, will never purchase a new or existing home built by Dominion homes.  Very poor homes, management, and contractors.

I appreciate all your the time BBB has spent on this issue only for Dominion to fail in being honest and respectful.



6/17/2014 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: We purchased our Dominion new build in March 2011. In February 2012, we noticed that the porch was slightly dipping and a huge crack appeared in front of the door - so we put a call into Dominion Customer Care...no response. We didn't feel it was an emergency so we just kept an eye on it. Fast forward to Summer 2013. The porch looked like it was separating from the house and crumbling from the bottom up. The huge crack - it now stretched from the front door to the front steps. We immediately contacted Dominion Customer Care (again)...no response. After leaving message after message we finally gave up and contacted our Sales Rep - *********** *****. He put a call into Dominion and within a few weeks, we received a call back. In October 2013, Korda/Nemeth Engineering (this company was picked through Dominion) came out to our house to view the porch and crack. The gentleman who did the inspection did mention that it was unusual and he would get the report back to Dominion ASAP. After about a month with no response from Dominion regarding the outcome of the report, I contacted Dominion and left a voicemail - no response back. My wife and I thought maybe Dominion wouldn't fix the issues until after the winter so we waited until February 2014 to contact Dominion. Mind you, we NEVER received a phone call or email from Dominion regarding the result of the report from the engineer company. In February, my wife left 2 message and spoke with the same lady twice with Dominion. This lady (maybe ****) said someone would contact us shortly. February comes and goes and still no word from Dominion. Messages were left all through March and the beginning of April. On April 13th, I left another message with Dominion, on April 14th we received an email from Dominion stating they were going to do NOTHING about our porch because our 1-yr warranty was up. Really?! They also attached a letter from the engineering firm (dated October 31st, 2013) stating we just need to keep an eye on structure and to get it caulked to prevent moisture...nothing was going to be replaced. While trying to fix the issues with our porch through Dominion, our cement driveway has started to crumble away piece by piece. We have left a message regarding this with Dominion the beginning of April and again - no response. I have pictures of porch, crack, driveway and letters from Dominion and Engineering firm if you need those.

Desired Settlement: We believe that the cement work done on our porch and driveway through Dominion Homes was done VERY VERY poorly. We understand that our 1 year warranty was up in March 2012 but this is not normal given our house is only 3 years old. We want these issues handled immediately.

Consumer Response: From: **** ************************** 
Sent: Wednesday, June 04, 2014 2:54 PM
To: ************************************
Subject: Complaint # ********

To Whom It May Concern:

Below is a letter we received from a gentleman who is a licensed contractor.
He looked over our porch issues and here is what he came up with (view below).
Once this reply was sent to Dominion Homes, they came back and stated that the porch needs to be looked over by a structural engineer. We called a few companies and were told that to just come out could be anywhere between $500-800. First, we don't have that kind of money. Second, why should we pay for Dominion's horrible service. Lastly, what if we do have an engineer come and look over our porch....I am confident they will back us up but the way Dominion is having us jump through hoops I'm afraid they will just throw it to the waist side and not take their consideration. Then we are out $500+. 
They had their engineer come out in October 2013 and we never received a phone call or letter from Dominion until April 2014. This was after numerous phone calls made to Amber (Customer Service). Again, he was out in October 2013 - the porch and roof have "moved" significantly.

We don't want a penny from Dominion. We just want our porch fixed correctly.

I have also attached a few pictures of our porch/overhead.

 
Begin forwarded message:
From: ***** ******* **********************
Date: May 6, 2014 at 3:08:19 PM EDT
To: "******* *******************
Subject: *** *** ***** ****
Mrs. ********,
Thank you for contacting us in regards to the issue you have on your home.  I have read the letters from Dominion Homes & Korda/Nemeth Engineering and visited you house to look at the porch.  Based upon the letters & what you said Dominion stated about the “porch needing approved by the city of Canal Winchester” is why it wasn’t installed from the beginning (as all houses in this neighborhood has porches), tells me this:
1. It is my opinion that Dominion actually forgot to excavate for the front porch and told you this and then had to come back and install it and did as cheap and as quickly as they could.
2. The Dominion letter contradicts itself…..it states the 1 year warranty on concrete, patios, porches & the such……but then it states the 30 year “structural” as load bearing…..the porch foundation (i.e. load bearing) is the ultimate issue, not the concrete porch.
3. The Engineers letter states “I was told the front wall is supported on piers”…..he has no evidence they are there….  It also states unknown depth & width of the piers.  Its also ironic how the crack in the porch did not separate on the grooved control joint (this is where it is supposed to crack if it does).  This would point that the left corner is sinking and pushing up on the right side, leaving the concrete no where give, but on the angle it cracked.
4. Even if the porch was poured over piers, the depth of the piers would need to be deeper than the average frost depth of 42” on account the grade around your house is mostly spoils (excavated dirt from basement).  This dirt is then exported and they leave enough around to use as grading to achieve positive slope away from the house.  Therefore, not knowing what the natural grade was before beginning, they would have had to put the piers deep enough to get to the natural clay soils, not basement spoils.  I would also believe the piers depth & width were not inspected upon completion. 
5. Any repair to this area would require shoring up the structure/shed roof over the porch, removing the entire monolithic poured porch & slab, have either Helical Piers installed to pour a grade beam across, excavate to a proper depth of natural soils (soils engineer would be required – I recommend GCI) to ensure proper compaction of the foundation.  Either install a block foundation or poured walls (this would be my choice to match your house), backfilled with gravel & another porch poured atop the new foundation.  There would need to be ample curing time between each phase of this to ensure integrity of the concretes.  Then the structure would need set back on its posts after the concrete has ample curing time.  Then any miscellaneous repairs would be required….trim, paint, roofing, siding the such……
6. Unless this is done correctly, no contractor would warranty this and I feel Dominion is clouding you & your husband with trying to tell you in their letter what the difference between a concrete warranty & structural warranty actually is.
Thank you & let me know if I can be of any more assistance.
 
**** ** ******
 
********* *
Phone: ************
Cell: ************
Fax: ************
*********************************
 
 

Business Response:

Mr. ******** closed on his home purchase in March of 2011.  That purchase included very specific warranties of defined scopes and finite durations, including a one year limited warranty against concrete cracks and against settlement.  There is also a limited warranty against major structural defects, as defined in the signed warranty documents. That warranty does not protect against minor cracks or settlement; rather, it protects against the actual failure of the load bearing elements of the home to the point the home is no longer habitable ("unsafe, unsanitary, or unlivable").
 
The claims of no response from, or interaction with, Dominion Homes personnel are simply false.  We have had conversations with the homeowners regarding their porch on numerous occasions, each time eplaining the warranties and any next steps if they were not in agreement with our findings or those of the third party licensed structural engineer we arranged to inspect the porch.  Copies of our previous correspondence and the engineer's report are attached.
 
At this point in time our position remains as outlined for Mr. ******** via phone and email previously: He is welcome to qualify his concern for further review by submitting specific and provable evidence of a clear construction or installation error, or of actual structural failure as defined in his signed warranty agreements. We will be happy to review written documentation clearly citing any such alleged defect/failure, along with photographs or other evidence to demonstrate the alleged defects or failure.
 
Please let us know if you require further information.
 
Sincerely,
Dominion Homes Customer Care

6/10/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We have contacted Home Dept. about our problems about settling of the ground around our house, which we agreed that spring would be fine. They responded by saying spring or summer. Do we have a health hazard yes. We have steps that they put a two by four under them to hold them up. If someone falls because of this their will be a law suit. They are backfilling on new builds right now. They backfilled twice before closing a year and a half ago. We cannot do any improvements until this is taken care of. Never in my lifetime have I ever seen service like this. It need to be backfilled 6-8 inches all around the house. I want to be treated fair. I need the job done not a phone call about the rain. You can use plywood to lay on the ground if needed. ***** ** *****

Desired Settlement: Finish the job, so that I can say something positive about Dominion Homes. I would feel more comfortable about recommending them to someone else. Do you want to do it right and fix what you should have done before this.

Business Response:

Good afternoon and thank you for the opportunity to review this concern.

Mr. ***** closed on his home in November of 2012. In Octoer of 2013, Mr. ***** sent in his list of items (in the form of an inspection report) to be reviewed for his one year House Call warranty program visit, and yard settlement concerns were noted on that list.  On November 4, 2013, we conducted the House Call appointment at the home and our Quality Assurance Technician itemized each of the items reviewed with the homeowner.  On that list, which was signed by Mr. *****, the yard settlement concerns state: " settlement in front yard and along back of house and both sides, weather-permitting (w/p), add to 2014 w/p list."  Since that time, Dominion Homes Customer Care has received several phone calls and emails from Mr. ***** inquiring as to status. 

On April 30th, we sent this e-mail:

Dear Mr. ****r,
 
Thank you for your e-mail.  The settlement repair work at your home is on our spring/summer settlement repair list.  This repair work will be completed as the weather permits and as we have a contractor available in your area.  Unfortunately, we do not have an exact date for these repairs.  We understand that you are very anxious to have this work completed and assure you we will complete these repairs as soon as possible.  We do have an open service request for this issue and will continue to track it until the repairs have been completed.  Please let us know if you have any questions or need any additional information.  We appreciate your patience.
 
Sincerely,
Dominion Homes Customer Care
 
On May 1st, we sent this email:
 
Dear Mr. *****,
 
Thank you for your email. We are working diligently with our contractors to get all of the yard settlement issues addressed in a timely manner. Our contractors are often working outside of their normal capacity to ensure completion this spring. We apologize for the inconvenience.
 
Sincerely,
Dominion Homes Customer Care
As we have explained, these repairs truly are weather dependent and done as the crews move from area to area, as efficiently as possible.  We've had numerous days of rain which prevent and delay work of this nature.  Our commitment remains as outlined:  The work will be completed as soon as reasonably possible.
 
Please let us know if further information is needed.
 
Sincerely,
Dominion Homes Customer Care


Consumer Response:

They just finished this on 6-9-14 just before they sent a respond to the BBB. Thanks to the BBB it is done, not because of Dominion Homes. I thank the BBB for the help in this matter.





















6/4/2014 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: As part of our new home kitchen appliances were included with the purchase. We upgraded the refrigerator to a Whirlpool Gold Series French Door. On April 29th 2014 the fridge died. Whirlpool was unable to locate a repair person to complete repairs on the unit. As of last week Whirlpool agreed to refund the original purchase price of the fridge to us and allow us to purchase a new fridge. They require the original purchase price of the fridge in order to complete this transaction. Since we as the homeowner did not directly purchase the fridge from Whirlpool, Dominion Homes would maintain the original purchase receipt or contract information on costs associated with the purchase of the fridge. The Customer Care Team was unable to provide the information to me to send to Whirlpool and then I was told that their process did not allow me to escalate the issue within Dominion to find a resolution. I was told by Dominion that my warranty was with Whirlpool and not the home builder which while true we did contact Whirlpool per our agreement when purchasing the home, Whirlpool requires information be provided on the original purchase. This information Dominion is unable to provide. My request is that since Dominion is unable to furnish the information required by Whirlpool to complete the warranty claim that they simply reimburse me the lowest retail cost of the Whirlpool fridge (**********) at $2399.00, or provide me with the information that Whirlpool requires to complete the request. My wife and I have been fighting this battle over the fridge since April and still do not have a final resolution. I am not asking for any reimbursement for food loss or dining expenses while we were without a fridge for a month.

Desired Settlement: I have 2 options for resolution to this matter: 1. Provide retail cost to me in the form of a refund check of $2399.00 or 2. Furnish the information required by Whirlpool in a timely fashion to complete the warranty claim with the vendor.

Consumer Response: Mr. ********  called to inform BBB that his complaint was resolved.  

3/28/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: This complaint comes following several attempts to reach a reasonable resolve with Dominion Homes. My family closed on our newly built Dominion Home in July of 2013, located in the *********** ***** ************ ************ **. Our home was built in an area that's currently under construction and where Dominion Homes privately owns & controls the roadway, yet it's open to the public. Approximately 20-30 families share the road with Dominion Homes and have recently been placed in danger based on Dominion Homes' failure to provide adequate and reasonable snow removal. The city provides snow removal for 90% of the community with the exception being streets owned by Dominion Homes. The streets under the city's control receives exceptional snow removal and they work hard to keep our community safe. I recently spoke to Mr. **** ****** who is an executive member with Dominion Homes. He acknowledged that the issue at hand falls solely upon Dominion Homes and that they opted out of providing snow removal. Despite our communities call for help, Dominion assures us that THERE WILL BE NO SNOW REMOVAL because is simply "costs too much" - Mr. **** ******. We have cited recent experiences where my neighbors and I have had to brave the extreme hazardous conditions where snow and ice have covered roads. Our neighborhood is now at risk and we now face delayed emergency fire, police and medical services. We also can't leave our homes without fear of wrecking and/or losing control. Then there are simple quality of life issues where mothers can't leave their home for groceries and other essential items for their family and kids. Finally, friends, family and residents that are handicap and/or disabled are not provided reasonable services and are prevented from visiting and/or leave their own homes. Our frustration now comes because Dominion is worried about profit margins and spending, meanwhile, the customers of dominion and residents directly affected by this issue simply have to sit by and just deal with it.

Desired Settlement: PLEASE help us keep our community safe. We are middle class families that still have to commute to and from work despite snowy and icy roads. We simply want Dominion homes to provide future snow and ice removal while we continue to share the road with their company. WE are the ones who are losing out here. Our call for help has fallen on deaf ears. I've emailed and called the CEO Kevin Tomlinson to no avail. This is not an HOA issue as snow removal is provided by the city. It's a company issue.

Business Response:

Dominion Homes did arrange for snow removal to take place following the snow event in question, although unfisnished streets are not typically plowed, within a short time after the complaint was filed.  In fact, the local paper, the Sentinel, even wrote an article about the snow removal and Mr. ***** was quoted in the article.  Here is the link* ******************************************************************************

Please let us know if you need further information.

Consumer Response: I am rejecting this response because: During the recent snow fall on March 2,3 & 4th, my street still hasn't been cleaned and is a sheet of ICE. Dominion homes merely remedied our initial complaint, but here we are, falling through the crack and neglected again. Please get dominion to promise snow removal until the streets are turned over to the city.

 

Business Response:

In keeping with standard practices for the municipality and other developers/builders in the region, there is no ongoing plan for regular schedule snow removal measures from unfinished streets during active construction phases.  This has been a highly unusually winter season with atypical inclement weather.  In the most extreme circumstances, additional measures were taken. However, this action does not translate to a sweeping change to the industry standards for the area.  Hopefully with the arrival of spring this will be a moot point, but should further extremely inclement weather conditions occur prior to the completion of the streets in question, we will be happy to re-evaluate on an individual case basis at that time.

Thank you.

Dominion Homes Customer Care

Consumer Response: I am rejecting this response because: Dominion Homes is profiting from our purchases of newly built homes. They are one of the top builder in the US. How can they not offer a commitment to provide snow/ice removal during future events. Without they're commitment, our community is prepared to drag Dominion through the trenches in order to maintain a safe community. **** ****** (Dominion's Senior Sales Guy/Vice President) lives in the dominion community, ********** (by his own admission). I have video proof that his community benefits from snow/ice removal even though their streets don't have the finished surface. I could release that video to the media and let the viewers make sense of that!

This is ridiculous. Heaven forbid a small child choke on something, a home catches on fire, an armed intruder breaks in.... our position during snow/ice events leaves us vulnerable and diminishes the response of our first responders. What if we wreck....? That's going to be on Dominion... We made a commitment to Dominion when we paid $200,000 for a new home! The least they could do is offer the snow/ice removal until the roads are turned over to the city. It's the neighborly thing to do. We share the roads with them. The profit off of these roads. Yet they put stipulations and costs on our safety. I'm here to tell you that we will NOT stand for this. We will continue to FIGHT for they safety of our community and for what's right. It would be wise of Dominion to show some commitment to our community in the event of future snow/ice events. I will continue to lead this front and fight until either Dominion commits to future snow/ice removal or until they complete building in this community.


3/15/2014 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: Our house is a year and half old and our roof has leaked multiple times when the snow melted off of the roof this year. We have two neighbors that also have new houses and the same house layout as us and they have the exact same leak in the exact same spot. I have emailed and called the customer care representatives at dominion several times and received no reply even though incorrect installation is still covered in our warranty. We should not be having these issues especially when we told our construction supervisor ****** that we were worried about how they were installing the roof because it looked like they were driving nails into the roof to secure a 2x4 for the workers to stand on. He insured us this was completely normal and kept telling us how great they build houses and all these new products and designs are so much better than they ones used in the past. How come my neighbors and I have the same issue, mostly likely due from a poor subcontractor used or bad home design? All we want is our home fixed after paying the builder a lot of money for it.

Desired Settlement: Dominion to come out and repair the roof leak and to make sure no mold grows in our attic space due to the water seepage.

Business Response:

The following information was sent via e-mail to Mr. ****** this afternon:

>>> CustomerCare 3/4/2014 4:49 PM >>>
Mr. ******,

We apologize for the delay in responding to your concerns.  We will also be sending this response to the BBB.  
 
Yard Settlement
The yard settlement repair work at your home is on our spring/summer 2014 settlement repair list.  This repair work will be completed as the weather permits and as we have a contractor available in your area.  Unfortunately, we do not have an exact date for these repairs.  We understand that you are very anxious to have this work completed and assure you we will complete these repairs as soon as possible.  We do have an open service request for this issue and will continue to track it until the repairs have been completed.  We appreciate your patience in getting this repair completed.
 
Roof Leak
Dominion Homes offered a one year leak on your home.  This warranty expired in August of 2013.  If you feel the garage leak requires further consideration, you are welcome to qualify your claim for further review by submitting documentation from a qualified professional citing an actual specific construction or installation defect or error, or structural failure, along with photographs or any other evidence to support the claim.   We will be happy to review any such contractor findings.
 
Thank you for the opportunity to review your concern.  Please let us know if you have further questions about the warranty or the claim process.
 
Sincerely,
Dominion Homes Customer Care

2/1/2014 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: Dominion provided at closing details for ******** Windows for MFR contact for our windows if warranty ever needed. To make the longest story short our windows are extremely drafty and built up over 2 inches in some areas of window of ice inside near lock and all around center of window. You can always see and feel air coming thru center of window, not the edges. I am aware winter can be a bit rough however this is all the time. Rain comes thru as well and accumulates pink mold if not cleaned weekly. I had sent Dominion Homes 2 e -mails in the month of December 2013 which they claim due to system errors they have no record. I had in the meantime while waiting response, contacted ******** which was what Dominion gave papers on for window warranty in closing June of 2009. I contacted ******** and they advised they were not the mfr for our windows as Dominion provided. The marks on our window that ******** helped us identify were ***. 1-10-2014 I had given up waiting on reply and contacted 4 different people from Dominion Corp, sales rep and ** line. Their ** rep adved the *** on my window was for ***** **** mfr. I disconnected call and contacted them; they were not the mfr either! We got online and looked up *** and found that Dominion had lied about whom they used for our home. It was an mfr called ******* Mfr of who had 3 online numbers and none of which works. All I ask is to have the details that I contact to get out windows warranted without someone being rude educating me the initials on my windows are “not correct to their contract for time frame." You think Dominion? They didn't even use who they gave us info on. I am very easy going but even speaking with their reps at their home models, they are stunned we spend 300+ a month and always have on utilities due to faulty windows. I tried last year but given details irrelevant to this complain I will spare you. I should have pushed a little more but lesson learned.

Desired Settlement: Who do I contact to have windows warrantied? Mfr, their third party install etc?

Business Response: Thank you for the opportunity to review this complaint. Mr. and Mrs. ******* closed on their Dominion Home on June 30th of 2009.  Their home purchase included from Dominion Homes a one year limited warranty on the proper installation of the windows, and a separate warranty directly from the manufacturer, on the actual windows themselves. As the BBB has already been made aware, unfortunately, due to a corporate company-wide computer system outage, Dominion Homes did not receive any e-mails or website inquiries which were sent between the evening of 12/25/13 and the morning of 1/6/14, the date of system restoration.  We did receive ONE email from Mrs. *******,  which was sent after-hours on the evening of Tuesday, January 7th, and received in our office on Wednesday, January 8th.  In that email she did not report any issue, but simply asked who the manufacturer of her windows was.  Our customer care team passed the inquiry along to the correct internal department to determine which manufacturer's windows were installed in this home, as during that time frame we were using more than one manufacturer.  On the morning of Friday, January 10th, within 2 business days of our receipt of the inquiry, it was determined that the manufacturer had been *******. Dominion Homes does not at any time provide a warranty on the windows themselves - they are warranted solely by the manufacturer.  As outlined in the Homeowner's manual, there is no warranty against condensation, and in the extreme negative temperatures and windchills our area experienced recently, it is not impossible for condensation and freezing to occur, resulting in ice build up. There is no warranty in effect on the windows at this time from Dominion Homes.  Unfortunately, it is our understanding that ******* has since closed their local office in this area.  The homeowner may wish to seek out the services of another window company or professional if they are unhappy with the windows, as there is no active warranty on the windows from Dominion Homes. Every home we build includes certain specific limited warranties; each of a defined scope and for a predetermined period of time as outlined in the warranty documents and homeowner's manual. Dominion Homes does not offer a preliminary or diagnostic inspection service for concerns presented after the expiration of the applicable warranty.  However, we do offer homeowners the opportunity to qualify their claim for further consideration under the warranties if there is evidence of an actual construction error or defect.  If they feel their current concern requires further consideration from Dominion Homes, they are welcome to qualify their claim for further review by submitting written documentation from a qualified professional which clearly cites an actual and provable specific construction or installation defect or error, or structural failure, along with photographs or any other evidence to clearly illustrate and support the claim.   We will be happy to review any such contractor findings.  Thank you for the opportunity to review this concern.  Please let us know if you have further questions about the specific applicable warranty for this home in relation to the current concern, or about the claim qualification and submission process.

1/21/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: I am building a home with this builder and need a help to address an issue related to the Sales and the Contract . Before I signed the contract in July 2013 , I was interested to build a new home with Kingston model and Elevation D through this builder . As community did not had a built-in model home with this model , I was asked to visit another community which had a ready to move-in home of Kingston model with Elevation D . I was told verbally by Sales Representative that this home was of outdated version of Elevation D . I was told verbally that the new version of Elevation D do not have an option of 6ft extension and it does not have masonry in front of porch area . I really liked that home and decided to go with this model. One of the main features my wife and myself liked was a bigger window in the master bedroom located above the garage which is located on front elevation of the home . Sales team never mentioned that the new version of the Elevation D will not have the bigger 4 pane window verbally nor mentioned the differences between outdated version and the new version of Elevation D . I signed the contract assuming that I will get all the features in the new version except the 6 ft extension and the masonry . In the middle of the build I observed and notified the builder that the window size is smaller than what i was shown in the model before I signed the contract . Instead of addressing the issue of mis-leading information they are giving me an option to withdraw from the contract by refunding me the deposit money . The other option they provided is to credit $500 on closing to take care of the window repair after close . This amount is very less considering the costs . I would like to get a fare justice and attention to my concern as a customer . Ideally they should replace the current window with bigger window as they shown earlier or credit me around $3000 to take care of window repair costs after closing . Customer Satisfaction needs to be provided by the builder.

Desired Settlement: Replacement of the current window with a bigger 4 pane window or credit me $3000 at the time of closing.

Business Response:

Good afternoon,

We have researched this matter and located a signed addendum indicating this matter was RESOLVED with the consumer/homebuyer on December 17, 2013.  We are unaware of any outstanding issues pertaining to this matter.

Thank you,

Dominion Homes Customer Care

Consumer Response: [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9830472, and find that this resolution is satisfactory to me.

11/18/2013 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: The consumer just built house with dominion homes. The consumer also purchased a one year warranty. There were some issues with the house that needed to be repaired. The cut out for sink was too wide which caused the sink to leak. The consumer noticed when it was starting warp. The consumer called before his warranty was up to have someone come out a do the repairs. The supplier stated that he did not call in time to honor the warranty. The consumer has proof that he called before the warranty was up. The supplier refuses to work with him. The consumer purchased his home March of 2012 and called in about the warranty repair Feb. of 2013

Desired Settlement: The consumer wants the warranty to be honored.

Consumer Response: This was only part of our complaints; Dominion homes gives you a one year warranty, and they bring everybody, plumber, electician etc. in and swope through your home in one day.     There is no way to find out and point out all of the flaws in a newly built home in 12 months.     We did our research, but this was the very first time that we built a house, there were many things that we ordered, but when they built the house they were not on them, we based our house ( the Framington) on a model that we saw, that was directly behind Dominions model home.     We ordered the three windows that go on the great room, the garage was not completely dry walled, the kitchen sink did not have the faucet that we ordered. Their salesman, ****** ***** and their representative ***** ******* were no help, they wouldn't even return our phone calls.   If possible, could you please add this to our complaint.   Thank you

Business Response: Good afternoon.  We have received this complaint and it is currently under review.  Attached for your reference is the information we supplied to the homeowner in relation to this request in April of this year.

BBB NOTE:  Per BBB policy and for the convenience of the parties we have copied the text of the attached response below:

Mr. and Mrs. ********,

Thank you for your e-mail. We apologize for the delay in getting back to you. We have reviewed the countertop concern and also the damage to the cabinet directly above your stove.

You mentioned in the e-mail below that you did not report the kitchen faucet leak when it occurred because you were told by Customer Care to wait until your one year house call visit to report any issues. According to our records, we advised Mrs. ******** in a phone conversation that occurred on October 26, 2012, that any issues that were cosmetic in nature should be added to the house call list, but any leaks that occurred within the first year should be reported to Customer Care immediately and that those type of issues should not wait for a one year house call visit.

As explained in the Limited Warranty Agreement,

Procedure for Making Claims. If Buyer(s) believe that Buyer(s) have a claim under this Limited Warranty Agreement, Buyer(s) should notify Builder and DSWc;. in writing, immediately after the discovery of the defect at: 4900 Tuttle Crossing Boulevard, Dublin, OH 43016, Attn: Customer Care Department. Buyer(s)' written notice to Builder should describe clearly the nature of the defect for which a remedy is sought. If the problem concerns an appliance or other component covered by a Manufacturer's Warranty, Buyer(s) are free either to contact the manufacturer or supplier directly or to request the assistance of Builder as provided in item 4 of this Limited Warranty Agreement during the first year. After the first year, Buyer(s) should contact the manufacturer directly. Buyer(s) should be careful to comply with all provisions of the Manufacturer's Warranty. In all communications with Builder and DSWc;. please be sure to include Buyer(s)' full name, lot number, community name, Closing Date, and telephone number.

We are attaching your signed copy of this Limited Warranty Agreement for your review. We have also reviewed the information regarding the damage to the cabinet above the stove. Dominion Homes only warrants the installation of the cabinets for one year. It appears that the damage to the cabinet above the stove is locally caused damage and not due to an installation error on the part of Dominion Homes or our contractors. The cabinet manufacturer, ***********, does offer a manufacturer's warranty on the cabinet itself.  You may wish to contact them directly to determine if this concern may be covered under their warranty as a manufacturer's defect. *********** can be reached at ###-###-####. 

Unfortunately because the faucet leak was not reported to Dominion Homes in a timely manner and because the cabinet damage appears to be locally caused, there is no further action to be taken by Dominion Homes. Thank you for the opportunity to review your concerns. Please let us know if we can be of further assistance.

We moved into Cedar Run Sub-division, lot#357 on March 2, 2012. We love our home even though it was not what or how we ordered it. There were some flaws that we noticed immediately, but when we called customer care they told us to wait until close to our 12 month inspection because there may be more issues with the house and there were. (Please see list we sent to customer care)

The customer care guys came out on February 26, 2013, most issues were resolved, but for some reason the counter top in the kitchen has become an issue. I have called & called, we did not get a response back from customer care until today, March 21st saying there was nothing that could be done, which is so unfair to us all we want is for our kitchen counter to be fixed. We followed the rules from your customer care staff.

The faucet was leaking underneath, by the time it became visible it had warped the counter around the sink, I believe that whoever cut out the place for the sink cut it to wide, therefore barely fitting and when it got wet it warped and raised above the sink.

Whoever put in the plumbing put in a bad faucet, since we were told to wait before we bought anything to customer care & that's what we did.

***** also said, that the cabinet bubbled up from the teapot on the stove well that teapot is just for decoration that's something we have never used.

We are very displeased with customer care and their effort to resolve this.

Thank you

Consumer Response: They are flat out lying, I told them immediatelty about the leak when we saw it, it was leaking underneath which we did not see until it appeared on top.  All of this was within the 1 year warranty period, I am very disapointed in Dominion homes, this was just a $300 or $400 problem that could have been resolved easily.  I want to also list them in the BBB as a terrible customer relations company. It's sad that consumers are at the mercy of such greedy people.

9/27/2013 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: I have called Dominion Homes customer service multiple times due to my back yard flooding when it rains. The reason for the flooding is due to leveling being done incorrectly, I did let them know that it was an issue but they said it would be addressed with our one year inspection, this was not the case. Every time it rains our back yard floods upwards to 3 ft of water. The utility boxes are immersed in water and mud, the insects are nesting in the back of the yard, and Dominion Homes does not seem to care. After calling and emailing customer service to no avail, I asked to speak to a supervisor, manager or director and was told blatantly that no management exist. This company has no empathy for customers calling about issues that they caused directly or indirectly.

Desired Settlement: I want all of the issues that are going on resolved without excuses and hesitation! Dominion Homes are experts at diverting and resolving issues.

Business Response: We have received and reviewed this complaint. The homeowners listed a rear yard drainage concern on their House Call list for their one year warranty visit.  While interior repairs are scheduled with homeowners with specific dates and times, exterior items are not able to be handled in the same way due to many factors, including but not limited to the fact the work is weather dependent.  The homeowners were advised we would address an area in the rear yard which is preventing water from making its way to the drain, but that this work would be placed on our seasonal "weather permit" list to be completed as our contractors work their way from area to area, and that no specific time frame or schedule date would be available.  This work has been placed on that list to be completed prior to the close of the fall repair season, but unfortunately we cannot offer a more specific time frame.  We have agreed to the work and it will be completed as our vendors and contractors work their list of items.  Please let us know if further information is required. Sincerely, Dominion Homes Customer Care

9/27/2013 Delivery Issues | Read Complaint Details
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Additional Notes

Complaint: Dear Sir/Madam,I am here to report my very bad experience I had with Dominion Builders.In April 2013 I signed an agreement with Dominion to construct a new home in Lewis Center Ohio. The house was constructed as planned and my closing was on 15 July 2013 at 1 PM. I had a orientation walk-through on 12 July 2013 and it went fine. My closing also happened as per the schedule. After my closing and receiving my keys, I came home in the evening and found that Air Conditioner unit was not working. Also there was a water leakage from the one of the outlets of AC, which got spread across the floors and went into my master bathroom. I called the customer care at Dominion and no one picked up as it was after hours, I left a voice message and no one returned my call either. As instructed during orientation, I called after hour emergency of HVAC (******** ***) and left a voice message. Did not receive any response for next 3 hours. Meanwhile I wiped the water of the floor and turned off the AC. The outside temperature was above 85. After 3 hours I called the after hours of HVAC again and left a voice message. A person contacted me got the details and asked me to call in morning during normal hours. So I ended up sleeping in a new home with AC broken. I called the HVAC the next day morning and they gave me a appointment between 10AM and 2PM. I was not able to go to work because of this appointment. There were no one came during the appointment hours. I called them again after 2 PM and a person arrived around 3 PM. He worked for couple of hours and he was not able to fix the problem. He told that he need to replace several parts on the AC (which was supposedly a new AC unit), and the earliest appointment that he can give me the next day (wednesday). I told him that i cannot stay at home as I need to go to work. The next appointment he provided me was on saturday. I asked him how can I stay at home with AC until saturday, he said he had no other options. I had several arguments with Dominion an arguments with Dominion and after all the arguments they made arrangements to fix the AC after hours on Wednesday. The person came around 6 PM and was working on it until 9:30 PM to have it work. He actually completely replaced the AC unit. As he was working, my new carpets were made dirty as he was walking on the carpet with his dirty shoes. Also there were some debris left after the work has been completed. He was supposed to fix the Thermostat which was not fixed properly but he did not fix it as he did not have the part. He told he will come back and fix it and until now no one turned up.All the above mentioned complaints were on a brand new home and happened immediately after I moved in. Dominion Homes being one of leading builders I was assuming that they will do all the necessary inspections, but it does not seem like it had happened. Beloe are the I did ask them for a report of what all inspections were done and nothing was provided. Also I did request them for a cleaning of debris and cleaning of carpets because of the dirts caused during the fixing of AC. I felt like for the money I have paid, I deserved to yearn a new home with no issues and a clean one. They never responded to this request either. I did request them for a compensation for my losses (one day salary for my job, uncomfortable situation at home and also unneccessary mind tensions during those days). They told as if all the consequences because of this issue should be beared by me.I was not at all satisfied with their answers and responses. During the building process they made me to sign all the documents and had all the process for getting money from me. But it sounds like there is no process to deliver a properly constructed house. I never believed that a builder like Dominion would do this and they never cared about the customer's losses. I am so much hurt that my brand new home had all this issues and started to have doubts that if the inspection process was done properly. I also strongly feel that Dominion should be ready to bear my losses that happened to me.

Desired Settlement: I strongly beleive that I do not need to experience all these issues on my first day at my new home. I would like to have the below thing done as a compansation for my losses.1. List of inspections done on my home and the report for the same.2. Clean my Home properly for the Dirt caused because of the AC issue.3. Monetary Compensation for loss of job for one day and for the uncomfortable situation that I need to go over at home during this situation.

Business Response:

To Whom It May Concern:
 
We have received and reviewed the complaint filed by Mr. ********y in relation to the air conditioning unit at his new home.
 
The heating and cooling (HVAC) vendor has assured us that the failure of the king valve was a random and unpredictable fluke, and something that is not very common, which is why their initial service person was unable to complete the correction at the first visit.  The unit was installed and working properly and verified prior to the closing date, and at some point in time between 7/3/13 and the closing date of 7/15, for unknown reasons that part failed.  In keeping with our commitments to our homeowners, when Mr. ********y was unable to accommodate a second HVAC appoitnemtn during normal business hours, Dominion Homes approved and arranged an after-hours appointment to better suit his needs. The system components have been replaced with brand new components, and there have been no further reports of any malfunction.  The HVAC system warranty is still in full effect.
 
With regard to Mr. ********y's request for verification of inspections, we have attached a copy of the Building Card which details the completion of specific inspections on the home.
 
The carpet concern was reported to the HVAC vendor by Dominion Homes once Mr. ********y reported it to us.  If this has not yet been addressed, please let us know and we will be happy to help.
 
As outlined in the purchase/contractual documents, Dominion Homes does not provide compensation for the fact a repair is necessary, nor do we provide reimbursement for time taken off work to accommodate service visits. 
 
Should you require further information, please let us know.
 
Sincerely,
Dominion Homes Customer Care.

Consumer Response:

I appreciate the response from you.

Thank You for providing me with the Building card that lists the different inspections performed on my house.

The Carpet Concern was never addressed. Until now no one have contacted to me on the same. As I have mentioned several times, this was the first day at my home and I am expecting to have my carpets new and clean, Because of the AC issue it became dirty as the people were working on this issue. I wanted it be cleaned properly so that I would get what i paid for.

I totally agree that any new device could be defective for any unknown reason. There should have been necessary precautions to inspect the same. And if it happens on the very first day (not even before me start using it), being a customer should I bear the loss. Is that why I paid all my money in buying a home with that defect. As per the contract if no kind of compensation is being paid that is fine. I was checking on compensation to see if Dominion would have some process to provide customer the support and compensations for these kind of situations. It sounds like they are not worried about it. I can live with whatever happened to me. But I hope my comments are available some place where any new customer can access this information and use my experience in deciding on their home.



























Business Response:

Good morning and thank you for the update.

We apologize on behalf of the HVAC company that they have not yet addressed the carpet cleanliness concern, in spite of our request for the same.  

To that end, we have now contacted a professional cleaning company and advised them to expect Mr. ********'s call in order to schedule a cleaning of the affected carpet on the first floor of the home. 

The homeowner should call *** ******** of ******** Carpet Cleaning directly at ###-###-#### in order to make these arrangements.  The cleaning company will not bill Mr. ******** for the cleaning of the affected carpet.

Please let us know if further information is needed.

Sincerely,

Dominion Homes Customer Care

Consumer Response:

Thank you for making arrangements for my Carpet cleaning. Eventhough it was after few messages going forth between us and after lot of pain, finally atleast a carpet cleaning arrangement comes as a consolation.

One other thing was HVAC company was supposed to replace the damaged Thermostat at the house. It was notified on the first day of their visit (also reminded them of the same during their second visit as well). It was completely forgotten and no steps were taken to fix the same.

This is a new issue with the Grass being laid in my house. The Grass was laid on 08Aug2013. A new unit is under construction beside my house. The grass on one side of my house (on the side where new unit is being built) is being ran over by the construction vehicles and also being spoiled by construction workers walking over the same. The Grass is very new and I am in the intial process of watering. Due to this construction part of my Grass is spoiled. I would like this to be addressed after the construction of that new unit is completed.































Business Response:

We hope Mr. ********y has had the opportunity to contact and schedule with ******** Carpet Cleaning.  Please let us know if any issues remain regarding this concern.

Regarding any and all HVAC concerns, such as a thermostat issue, the homeowner can contact the installation company directly, as listed on the contractor directory provided, for follow up.  That company is ******** *** who can be reached at ###-###-####.

With regard to any yard/sod damage done in the course of construction on an adjacent lot, we apologize for this inconvenience.  Sometimes this is unavoidable in the course of completing neighboring properties.  When we get to the stage of grading and sodding that adjacent lot, that is when the repairs will be made to the affected property.  Please let us know if there are any questions.

thank you for the opportunity to review this information.

Sincerely,

Dominion Homes Customer Care

9/27/2013 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: Our home is to be a safe haven for our children and right now the foundation under our feet is separating and causing major structural damage. And our builder, Dominion Homes, has washed their hands of their responsibility, although we are still under a warranty. Dominion has been aware of the cracking in our foundation for many years and now that the cracking is throughout the foundation, separating and causing structural issues, they have decided that because of the recent drought and ground movement is the cause. But their own engineer can't explain the separation, cracking in the floor and footers. And refuses to fix it although it is under warranty. We have dealt with this growing crack and now cracks since before the "drought", so they need to explain themselves.We've contacted a lawyer and had to pay for several engineers. All agree this is structural damage and was due to the soil in our backyard and if dominion had only tested the soil would have known to dig deeper to avoid this situation. Dominion has never responded to our findings and letters.Dominion can't get away with this. They are neglegent and responsible. And should be ashamed that they don't stand behind their product.

Desired Settlement: Contact us immediately and make the necessary structural repairs as stated by multiple engineers that have inspected our home, so our home will be safe for our family.

Business Response:
This home closed in April of 1995 and included specific warranties, including a one year limited warranty against ground settlement.  In response to the homeowners' report of foundation wall cracks, we arranged for and covered the cost of two separate inspections by two different licensed structural engineers.  The findings indicate that the damage was the result of ground movement or settlement.

While there is a home warranty which protects against the actual failure *OF* the load bearing elements of the home, that warranty specifically excludes physical damage *TO* the load bearing components caused by other factors, including but not limited to ground movement or settlement. 

Attached is a copy of the correspondence we sent to the homeowners, including the engineers' reports.  We stand by the information contained within the letter:  If the homeowners feel our (and the 2 engineers') findings are in error, they are welcome to retain at their expense a licensed structural engineer to inspect the home and render their written findings.  If there is evidence of actual structural failure as defined under the signed warranty documents, we will be happy to re-review this matter.  However, if the damage is the result of ground movement or settlement which has occurred nearly 18 years after construction, there is no further involvement on the part of Dominion Homes.

Please let us know if you require further information.

Consumer Response: I am rejecting this response because: (1) Dominion's own engineer (*****) states in his report that he hasn't seen anything like this in his 35 years and can't say what the cause of the damage is.  But Dominion goes against their own engineer and states it is ground movement that caused the cracks.  Don't they trust their own engineers?  (2) We did contact an independent structural engineer (***** Engineering) and this is what is stated in this report: "The foundation settlement was foreseeable by the builder if either geotechnical testing had been conducted or public documents had been consulted. The builder was aware, or should have been aware, of the allowable bearing capacity of the soil, shrink/swell, plus other characteristics and limitations that govern the type and depth of foundation needed. It would be unconscionable to devise a warranty and policies which exclude builder responsibility for failure to research soil conditions in the area and to design the foundation system accordingly. The builder had both the responsibility and the sole opportunity to avoid the foundation distress." The entire report as well as photos are attached. These cracks were present in this house years prior to the "drought year" as Dominion likes to reference.  Yes, Dominion came out to inspect, but only offered "patching" because it wasn't large enough to warrant.  Well, look at where we are now.  We are not the only homeowners in the **** ****** subdivision that is demanding Dominion to HONOR YOUR HOME WARRANTY.  We will not go quietly, but will fight for our rights as homeowners.  

Business Response: Please see our attached letter from September 8, 2010 regarding the reported foundation wall cracking.  As stated in this letter, the previous cracking which occurred was within our stated warranty tolerances and there was no evidence of actual structural failure.  We agreed, as a onetime courtesy to seal the crack with epoxy. We also pointed out areas of maintenance which were not being upkept by the homeowner; specifically, protecting the home's foundation by maintaining a positive grade and ensuring downspouts were connected, as well as sealing the foundation wall block.  Failure to perform these maintenance items certainly makes the home more suscpeptible to damage.

We have also attached our letter and engineers' reports.  All conclusions state that the cause of the foundation wall cracking is ground settlement/movement.  The structural warranty specifically excludes damage to structural components caused by ground movement, particularly settlement which occurs 17-18 years after construction was completed on the home. The one year limited warranty against ground settlement expired in April of 1996.

Please let us know if further information is needed.

8/5/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Dominion Homes has on its staff a mixture of well natured and not so well natured individuals. We have been attempting to navigate these individual personalities and their conflicting approaches to customer service policies. This has resulted in our working with some great people. Unfortunately, it also resulted in our dealing with Ms. ******* the Customer Service Manager and her taking an adversarial stance toward us. None-the-less, we have made attempts to work with her (unsuccessfully) and followed an imposed policy of all communications being in writing. Among our various communications she chose to decide which customer service and warranty issues to consider as closed and would not permit further discussion or allow discussion with her superiors. On 11/15 (in response to our 11/11 email) Dominion Customer Service responded to our request that the unresolved issues from our 1st year inspection be attended to and that a ******** vendor issue be followed-up on as promised. The response from Dominion included: We have requested all other service records pertinent to your most recent correspondence and will forward our response once we have received and reviewed that information. With ample time provided and not receiving a response, I emailed a follow-up request on 2/8/12 with additional information to Ms. ******* via the Dominion Customer Service Email (as requested), V.P. of Construction and Quality Assurance *** **********, ***** ********** (vendor services) and ******* ******* (service tech). Unfortunately we have yet to receive a response. since that email, I have been in contact with contractors regarding finishing an area of our basement, to include a bathroom using the Dominion installed shower/bath drains. Unfortunately, I have been told by multiple contractors that the shower drain placed must be moved in order to complete that type of project. They have advised that it must be moved at least 3 inches or more, which will involve taking up a section of concrete at great expense.

Desired Settlement: 1. Please have ***** contact us regarding the ******** vendor issues and have them resolved to our satisfaction. 2. Please have someone above Ms. ******* contact us to discuss the few remaining issues that Ms. ******* has left unresolved from our 1 year inspection and have them resolved to our satisfaction. 3. Please have *** ********** and Site Superintendant ***** *********** review the basement shower/bath drainage pipe issue with us and correct to our contractor's satisfaction.

Business Response:

At this time we are awaiting a detailed and specific response from Mr. ***** to an email in which we asked him to please detail exactly what his current/outstanding warranty issues with his home are at this point in time.  We sent him the following email on 9/7/2012:

"On Sep 7, 2012, at 15:31 PM, CustomerCare wrote:

Dear Mr. *****:

While we would like very much to assist you in resolving your concerns in keeping with your warranty agreements, unfortunately we have no record of a February e-mail communication.  The last correspondence in our system is from November, in relation to ****** Lumber's installation of a screen door. (the email you have included at the bottom of this one)

If you would please be so kind as to list here what your current, outstanding, specific concerns with or relative to your home might be at this present time, we will be happy to investigate further. Please include the specific item or items you are referring to in relation to jeld-wen.

With regard to the plumbing rough-in concern in the basement - would you happen to have anything in writing from any of these contractors, and/or any photos to show or illustrate your concern?

Thank you,

Dominion Homes Customer Care"

We know this e-mail was received, as Mr. ***** sent a reply to it on 9/11/12 at 2:35 PM. 

In part, his response contained the following: (from Mr. *****, to Dominion)"I ask that you allow me time to review and compile the updated list as I was not expecting a quick response from Dominion and with work / travel, I need time.  On the issue of the plumbing rough-in, I will need time to have request that the contractor draft and submit a letter to me.  I am going to be out of town for a few days, but will do my best to get you the requested information as soon as practicable.  I hope that works for you. "

On the same date, 9/11/12, we sent this response:
">>> CustomerCare 9/11/2012 3:51 PM >>>
Dear Mr. *****:
We have received your e-mail below.  Unfortunately, we cannot offer you the option of determining who within our company will be assisting you, as all inquiries must go through the customer care team. 
Per your signed purchase agreement and warranty documents, all homeowners are required to provide detailed notice in writing of their concerns; while we have no way of knowing why our server shows no record of receipt of an e-mail from you in February, we are happy to review your full and detailed list of current, outstanding concerns if you would please be so kind as to provide it here.  As you have indicated below that you are willing to compile this list, we will await its arrival and respond accordingly.  After receipt of your list, we will be able to determine which personnel would be involved with responding to or addressing the specific items you list.
Thank you,
Dominion Homes Customer Care"
 
To date, we are still awaiting receipt of the list of CURRENT and/or outstanding items that Mr. ***** has committed to supply to us when he has time.  As soon as we receive that list with specific details and information, we will be happy to review each and every item.
 
It is important to note that although a substantial portion of Mr. *****'s complaint and correspondence to Dominion Homes claims he was not treated properly or professionally by Ms. *******, Mr. ***** and Ms. ******* have never spoken with each other, on any occasion.   Mr. ***** left one voicemail message for Ms. ******* on October 3, 2011, which she replied to via e-mail on 10/4/11.  Mr. ***** was also sent the attached letter on October 14, 2011, enforcing the warranty requirement that all further communications be in writing. in order to prevent any further miscommunication going forward.
 
At this time we are awaiting Mr. *****'s complete list (which he has stated he will provide when he has time) of any and all items which are currently outstanding or for which he feels he has reported an issue with his home and is awaiting a response or a resolution.  We will be happy to review and respond to those items. 
 
While we are sincerely sorry Mr. ***** feels he was not delivered the level of service he expected, we can assure you that although he has attached Ms. *******'s name to those interactions, they have never engaged in a conversation and she is not the party whom he dealt with.  Going back to our attached letter from last year requiring all further communications to be in writing, in our experience we feel this is the best possible solution in order to ensure there are no further unintentional misrepresentations or misunderstandings by any party.
 
Thank you,
Dominion Homes Customer Care
 

Consumer Response: BBB received phone message from Mr. ***** stating complaint has not been resolved. BBB has reopened the complaint pending Mr. *****'s further response.

From: *** ***** [mailto:*******13@gmail.com] 
Sent: Saturday, October 13, 2012 11:27 AM
To: ***** *******
Subject: Re: You have a new message from the BBB of Central Ohio in regards to your complaint #*******.

Ms. *****,

I have left you messages requesting that you call me these past few weeks and in response to your one return call I called you back directly and had to leave another message for you to call call me. I needed your guidance on how to respond as Doninion's response was only partially correct. The only options provided on the BBB website were only to accept or deny. Would you please reopen the case and call me. 

As stated in my phone message left this morning. I am traveling again and will be in the mountain time zone (3hrs difference). Additionally, I will be in remote areas that may or may not have service. If you would pleas call and leave a msg. as to some times that you will be available to discuss the case and again please reopen the case as it has not been resolved, Dominion provided some false information and I am in the process of trying to meet with a contractor t secure the information that Dominion requested in their email sent directly to me.

Thank you and I look forward to our speaking. 

****** *****
###-###-####


Consumer Response:

Since Dominion chooses to dispute the claim that I spoke with Ms. *******, I shall note that not only did I speak with her, but as I was told by my realtor, she also spoke with my realtor for this house and (as it was relayed) told that essentially the issue was not her business that it would not be discussed with her.  As for my conversation it was last year, I recall it being around the time of the end of September or early October (I suppose I could pull phone records if needed) and I was at ****** in front of the ***** store.  If the person I spoke with was not Ms. *******, then perhaps someone at Dominion misrepresented themselves as being Ms. ******* by stating that they were and then prompted a written communication, the requirement to follow the same process…etc…etc.  If in fact Ms. ******* was not the person who talked to me, she had many opportunities to say so and to call and discuss the issues while at the same time clearing the issues up.  Additionally, when I asked to speak to her supervisor, I was told that Ms. ******* would not allow it, but yet, she never called to address what should have seemed to her as an issue of mistaken identity or confusion that I as a supervisor/customer service rep. would have wanted to rectify.  Much of why this is has become an issue is due to Dominion’s practice of requiring homeowners contact/deal with vendors directly and then placing the burden on the home owner when their vendors do not file the information with Dominion.  Further complications stemmed from emails being not received and/or later found once I called in to ask about the lack of response and that when offered to settle up things with a phone call followed up by written information (because email has loss of tone, clarity…etc.) the request was denied. 

As for the issues...

Per *******, the installed ******* windows were improperly installed during the build and modifications to the manufacturers design were made by the installer (i.e. drilling into the window to move locks and make them work/fit) leaving many windows slightly open when locked.  I contacted ******* as required by Dominion, they conducted an inspection and after a back an forth with Dominion (as I was told) ******* sent out a tech to fill the holes made by the installer and replace all auto locks with cam locks.  Prior to leaving I noted that some window locks still did not work properly and the tech noted that their may be some squaring issues.  When I asked further about filing an issue the tech said that they would have to be inspected and did so to the master bedroom window.  The results of this inspection were that the window was out of square and that a senior tech would be sent out to inspect all of the windows installed.  As I was told by *******, all double windows and a few single windows were out of square and a ******* representative would contact me after a decision was made on fault to let me know how the issues would be addressed.  ****s from ******* contacted me on 7/28/2012 and left a message noting concern over the locks and square of the windows.  He requested that I call him.  I left multiple messages, but never received another call.  This issue was noted at my first year and I was told by ***** that ***** would follow up with ******* as she was the resolution contact for contractors/vendors.  To date, I have never heard from ******* or Domion to resolve the issues.  I feel that I was gratuitous enough to allow them to attempt to repair the window even though the install violated the manufacturers install instructions and was inappropriately modified by the original installer that (again as I was told) was no longer a vendor of Dominion because of install issues.  At this point, I feel that it is time to properly correct the issue by reinstalling the affected/modified windows with unmodified ones.

Related to the window issue at the time, it was noted that the master bedroom was uncommonly cold in comparison to the rest of the house.  At the time, it was attributed to the window issues and that we were told by Dominion’s insulation installer that we could purchase additional insulation from them as Dominion never put in enough and the room would be cold.  At the time, Dominion said they settled the issue with the insulation installer and said that if the room remained cold after the window repair that the issue would be looked into further.  The master bedroom remains colder than the rest of the house and we would very much like the issue addressed.

Dominion's landscaping contractor installed two trees, both of which died.  After the first tree had died, we advised the vendor that the soil appeared to be holding water.  The contractor tried to say that we moved the tree when all we did was place decorative stones around the landscaping as edging and place more mulch.  When the first tree was removed the hole was noted to be filled with water and there was clay soil.   After the second tree was planted it was a matter of weeks before it began to die and we had a bit of back and forth before the vendor stated that we had already had two trees and that they would not replace the tree again.  We've been forced to pay to have the dead tree removed and a new once planted.  In having the new tree planted, our installer noted that the hole was retaining water and that what he called clay junk soil would not support tree growth.  For that reason we needed to pay additional money for appropriate soil and stone to protect the tree from excess water.  We would like compensated for our efforts as Dominion's vendor should have addressed the issue when we expressed concern and replanted the tree.  Had they done so, we would not have had to.  Additionally, our Dominion plans stated that blue spruce were to have been installed in the back yard.  That is what we were paying for and Dominion's vendor planted white pines and told us that they were blue spruce.  After expressing concern and assuring them that we had verified that they were white pine and not blue spruce, the vendor said they had the choice to make changes.  We disagree and note that what we paid for were blue spruce, a tree that is more expensive and with a very different growth pattern.  We would still like these issues addressed.

After lower rear slider was repaired, *** replaced the alarm sensor and turned on the alarm.  They left with a fault showing in the system that the door sensor was not working.  *** had done extensive other work on rewiring CAT5 lines and installing cable outlets that had been missed.  At the time of install I noted and mentioned to *** that their were other holes in the joists to pull cable through, but disregarded me and over filled the hole with wiring that led to wire protective coverings being rubbed off.  I was told that it did not pose an issue as it did not go through the secondary covering and was not willing to address it.  This issue should have been addressed properly because the wiring has protective coverings for a reason and every contractor vendor that has been in since has noted concern and question over why the other access holes were not used to run the supplemental wiring.  Additionally, after *** took all of the wiring and simply sliced it together, I’ve been left with a hanging mess that even the *** supervisor said was not done properly.  We would like these issue finally addressed/installed/repaired properly.

Lower level east side gutter issue.  Based on the experience of water overflow issues, ice damming issues during the winter of 2010-2011 and per a home inspector that reviewed the house for the first year, it was noted that the “…gutter section on the lower/East roof surface is not adequate. This gutter drains portions of the lower level roof and also 50% of the upper level roof. This section will be prone to overflowing during heavy rains and/or icing over in the winter. A larger 6" section w/guard should be installed in this area”.  Dominion was provided this information along with the pictures that they requested.  Dominion stated that they would not fix the issue because they did not recognize home inspections, their contractor did not note anything being broken and most importantly noted that in fixing the gutter issue, all of the other homeowners on the block would want the same thing.  Our concern is with this issue and the longer-term effects of not having a large enough section with guard properly installed to handle the amount of discharge being directed to this one area.  

The home inspector noted that the bathroom fans operate but provide little to no air removal.  The issue was looked at by Dominion’s vendor and noted as being fine.  We still disagree and have the same issues.  When we moved into the house, one of the vents was still covered.  If there is no blockage causing a restriction in air movement then it is still suggested that the fan units themselves are not working properly.  We would still like this issue addressed.

The home inspector noted the drip leg for main gas manifold as being improperly installed.  It was expressed that it should be at the larger line input end.  We would like this issue reviewed/addressed. 

HVAC was looked at and repaired multiple times due to a double start or hesitation start each time the blower kicks on.  Repair persons came in and said that it was not supposed to do that and our home inspector said that it should not do that.  Repairpersons contacted the manufacturer and confirmed that there was an issue.  After repairing the unit multiple times without resolution the vendor’s story changed and said that it the manufacturer of the unit now said it was supposed to operate in the way it does.  We did not agree but no further action was taken.  We would like the issue resolved.

On the issue of the basement drains, I am in contact with a contractor and with my home inspector.  In addition to the fact that we are living between two states and have to travel for various reasons, it has been a slow process in getting a contractor to come back in and provide an opinion (due to their schedules) and the original home inspector is on vacation and not available to speak with until 11/11/12.  I have offered that Dominion’s personnel and plumber vendor come in and look at the issue in the mean time, but that offer was rejected.  As I imagine this to still be the case, I will need more time to get anything in writing for Dominon.  The reason this has become an issue is because we need to look at selling the house and in order to do so, we are told that finishing the basement is the only way.  The as the contractors (three of them) reviewed information for their quotes for the basement finish they each stated that the additional money is needed to move the improperly located drain and/or additional money will be needed for a custom shower build to compensate for the drain issue.  As stated, we either need time to get Dominion the information requested and/or they can come in and address the issue.   





Consumer Response:

Attached you will find a copy of an email I received from a contractor on the basement drain issue.

Please let me know if there is any additional information required.


Consumer Response:

It has been nearly a month since I've followed up with you and almost two months since you followed up with Dominion.

Could you please let me know where we are in this process and when I should expect to see some any movement toward a resolution.  Through the BBB complaint process and before your getting involved, I provided detailed information, inspection reports, contractor reports, pictures…etc…etc.  From what I can see, Dominion is not acting in good faith.  At the very least, it would be expected that they provide adequate response within a timely manner.

On a related note, I've tried to review the complaint, but no longer have access it.  Is that because you had previously noted it as closed even though it was not?  If you would, please arrange for the case to reflect as being unresolved and have online access to it.


Consumer Response: Sorry for the delay.  I had not been looking at email as I've been dealing with my fathers emergent medical issues since Tuesday night last week (hospital and now rehab).  Amidst trying to take care of this issue, I will also need to leave the state for a week. The first that I can see being available is the afternoon of 7/25 during the 1-3p window, though hopefully closer to 1p due to the distance I need to drive that day.I hope this helps and please let me know if there is anything else that you require.

Business Response:

This date is not acceptable.  
 
Please reference our earlier correspondences in which we have repeatedly stated our position that an agreement to mediation at this point in time is premature. 
 
Per our written requests both directly to Mr. ***** and via the BBB, and per the signed home purchase contract language, Mr. ***** has been asked to provide a written summary or list of the actual current concerns with or at his home; by this we mean actual items which could be inspected in order to have a determination rendered with regard to any applicable warranty coverage.  Unfortunately, to date, this list has not been provided to us.  What we have received is an explanation of Mr. *****'s frustration with the encounters and/or communications he has had with or from our personnel, and unclear references to concerns which appear to have been addressed in the past.  While we remain empathetic and do apologize for any dissatisfaction Mr. ***** has had with our personnel, unfortunately that is not something that can be mediated. 
 
We remain ready and willing to review a current list of actual, viewable, inspect-able concerns with the ***** home - concerns which can be reviewed under the warranty.  Unfortunately, we do not feel a mediation is the setting in which to first provide this concise and clear list.  We look forward to receipt of this information.  Again, while we cannot address past interactions or experiences, we remain ready and willing to receive and review a written list of all CURRENT actual provable concerns - home construction or warranty items which exist today.  Photographs to demonstrate or illustrate any of those items would also be extremely welcome. 
 
Sincerely, 
Dominion Homes Customer Care

7/20/2013 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: We purchased our home in 1999 from Dominion Homes. As people do, after several years, they replace flooring either with carpet or hardwood floors. That's what we planned to do until we found out there was NO way we could go hardwood until the flooring was corrected. Our floor is SLOPPING almost and inch, NOT level at all in our kitchen area. Its uneven in several different places, and it needs to be repaired BEFORE the hardwood floor can be laid. We called a qualified structural engineer to inspect the flooring. Quote from his report: "In summary, the existing wood pre-engineered floor truss system has significant structural deficiencies. It appears to have been installed improperly, the excessive deflection does not conform to the Ohio Residential Code and the excessive deflection implies that the trusses may have been improperly designed/manufactured. Therefore, the original builder should perform remedial actions to strengthen/repair the floor trusses and subflooring to provide a proper floor system conforming to the Ohio Residential Code" The nails are PULLING OUT causing the floor to weaken, thus the slope. We called Dominion in October 2012 and someone came out and looked at our home. I told him we wanted this done in a reasonable manner... Well, needless to say, after 7 months, we are still waiting!!! Dominion came out 2 different times and we have called to get a status update many times, still waiting for a response. I have asked for the supervisor and his supervisor to call me back several times and no one has called. They did tell us in March that it was not a "structural failure" and since their report and our report from an extremely qualified engineer do not match, they were STILL reviewing it bringing in a third party. Still waiting, still NO return phone call, and no additional updates. They are UNRESPONSIVE!! With what I have seen, they do not stand behind their structural warranty.

Desired Settlement: I want Dominion Homes to stand behind their warranty. According to our structural engineer, the strongbacks were installed incorrectly. I need it corrected according to the recommendations provided by the engineer by fastening the vertical leg of the strongback to a vertical web member putting the nailed connection in a shear condition as the nails have pulled out, weakening the kitchen area flooring, which is allowing it to slope (Repair instruction attached).

Business Response:

To Whom It May Concern:
 
We are in receipt of the BBB complaint filed by Mr. ******** in relation to floor levelness at his home. 
 
His home was constructed and sold in April of 1999, and included very specific warranties as outlined in the warranty documents signed by the homeowner.   This included a one year limited warranty on floor levelness, and a separate structural warranty which protects against very specifically defined structural failure. 
 
After receipt of Mr. ********’s report citing a possible installation concern, we inspected the floor system and then also arranged for an additional inspection by a licensed third party structural engineer.  This report is attached. While the engineer agrees that some improvements could be made to the strongbacks, it is important to note that the strongbacks are not covered under the remaining active warranty, as they are not load bearing components of the home.   
 
Specifically, the active warranty balance is the limited warranty against major structural defects.  This warranty protects against the actual structural failure of the load-bearing elements of the home, to the point they render the home unsafe, unsanitary, or unlivable.  
 
Regrettably, as there is no remaining active warranty relative to flooring levelness, and as there is no evidence of true structural failure as defined under the signed warranty agreements, and as the home has not been rendered unsafe, unsanitary, or unlivable, there is no further action to be taken by Dominion Homes in relation to this matter at this time. 
 
If further information is needed, please let us know.  Addtionally, if there is additional information which we have not been previously made aware of, we will be happy to provide further review. 

Business Response:

We have further reviewed all available information relative to your concerns regarding the
attachment of the strongbacks as referenced in previous correspondence, including engineers'
reports.
Our research indicates that while securing the strongbacks with screws may be the current preferred
method, at the time of your home's construction the nailed method was not incorrect and was in
keeping with our approved specs and design plans in use in 1999.
While the home is not structurally unsound and the strongbacks are not load-bearing elements of
the home (per the statement of the licensed third party structural engineer) and no installation error
or defect has been proven (as explained above), we wish to extend to you a onetime courtesy offer
to implement the specific strongback improvements outlined in the February 21, 2013 report
generated by **** ** ******* & Associates, Inc., subject to the following non-negotiable
terms, conditions, and acknowledgments.
- You have reported a concern relative to floor levelness; an item for which any and all
warranty coverage expired in 2000. However, in the course of investigating that concern the
loosened strongbacks were discovered.
-There is no proof or evidence of a true structural failure as defined in the signed warranty
documents for your home.
-There is no proof or evidence of a strongback installation error.
-There has been some movement or settling at some unknown point between the completion
of your home's construction in 1999 and the present time, as demonstrated by the loosened
strongback connections which have occurred.
-We will agree to implement the specific strongback modifications outlined in the *******
report if and only if you agree to and acknowledge the fact that making these modifications
may have the following outcomes:

a)There may be no effect, or no desirable effect, on the finished floor levelness
whatsoever. This result will not be cause for any further action on the part of

b)There may be other shifts or movement which could occur as a result of clamping
and screwing the strongbacks, including but not limited to drywall, cabinetry,
baseboards, trim, and countertops. This result will not be cause for any further
action on the part of Dominion Homes.

Please note: this is a courtesy offer made in absence of any proven obligation under the home
warranties. If you wish for Dominion Homes to proceed with the implementation of the *******
report's strongback modifications, please sign and return one copy of this letter in the enclosed
postage-paid envelope within two weeks of receipt. Should you have any questions regarding this
offer, please contact our Customer Care team at ###-###-#### or via e-mail sent to
************@dominionhomes.com.

Sincerely,
Dominion Homes Customer Care

I/We wish to proceed with the strongback attachment modifications outlined in the ******* report.
I/We acknowledge that Dominion Homes and/or its contractors shall not be liable for any
subsequent movement, shifts, or damage caused by the completion of these measures, including but
not limited to the examples cited above. Furthermore, we acknowledge and understand that the
implementation of the strongback modifications may not address our floor levelness concerns, and
that there is no remaining applicable warranty coverage from Dominion Homes in relation to any
floor levelness concerns.

Signature Date
Printed Name
Signature Date
Printed Name


7/5/2013 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: On March 23rd, 2013, I found a crack in my basement wall foundation where I can actually see the sunlight from the outside. I am the original owner of the home and been in the home a little over 3 years. I have a warranty on the basement as long as I have not done anything to the walls/floors, which I have not. On March 25th, 2013 I contacted Dominion Customer Care by phone and talked with a customer care representative. He informed me that I must put the requested for a formal warranty issue to them by e-mail. I had taken pictures of the crack; the pictures that I included were where the sunlight was shining through the crack. They informed me that they review these request every Wednesday and would get back to me after that. I received a call on March 28th, 2013 from Dominion Customer Care to schedule there contractor to come look at the crack. The soonest they were able to come out was April 18th, 2013. On April 18th, 2013, ***** with Dominion Homes arrived and looked at the crack along with pictures of the crack. He did see that the sunlight was coming through the crack. He measured the crack and went outside to see the crack. He explained that it would be 2 weeks until someone called me back. On April 29th 2013, I received a call back from Dominion Customer Care telling me that they will NOT be fixing the crack because it is not part of my structural warranty that came with the New Built Home. And they would be sending me a letter within the week. This is not my first run in with the warranty or home issues with Dominion Homes. Back when we bought the house in 2010, they had to come fix another large crack in my basement floor and wall that stretch along the entire width of my basement floor and from the floor to the ceiling on the basement wall. I also have numerous other cracks on my basement walls that I send them the pictures and when the Dominion Homes man came informed me that he was only here for that one crack. I thought Dominion Homes was better than this, but I guess wrong.

Desired Settlement: I want the cracks in my basement wall fixed proper and correctly ASAP! Before I get water damage or insects issues in my basement!

Business Response: Good afternoon and thank you for the opportunity to review this concern. 

This home closed in April of 2010 and included specific warranties on the poured foundation walls:
- "For a period of ONE YEAR, the builder will patch the voids in walls caused by any cracks in the foundation that exceed 1/8 inch in width or vertical displacement." This warranty expired in April of 2011.  The "Structurall Foundation - Walls & Supports" section of the homeowner's manual goes on to explain that narrow width cracks are normal and should be filled or sealed by the homeowner or a contractor of their choosing with appropriate caulking compounds which can be found at most home improvement stores and which should be applied in strict accordance with the manufacturer's instructions.
- "Dominion Homes warrants that the Structural Elements (the load bearing components as defined in the signed contract language) of your home will be free of Major Structural Defects for a period defined by the Limited Warranty Agreement. (30 years for this home)  A Structural Element WILL NOT BE DEEMED DEFECTIVE, AND NO ACTION WILL BE REQUIRED OF THE BUILDER, UNLESS THERE IS ACTUAL FAILURE THAT DIMINISHES THE ABILITY OF THE STRUCTURAL ELEMENT TO PERFROM ITS LOAD BEARING FUNCTION SUCH THAT THE HOME IS UNSAFE."

We inspected the reported foundation wall cracking at this home on April 18, 2013.  The cracking was not abnormal and did not indicate structural failure of the home.  On April 29, 2013, our Quality Assurance representative called the homeowner and advised that as the one year limited warranty against cracking had expired AND as the 30 year limited warranty does not cover narrow width crack, but rather actual structural failure as defined in the warranty agreements, there would be no action taken by Dominion Homes.

We recommend that the homeowner seal the cracking with an appropriate caulk or epoxy product made for this purpose, in order to prevent moisture and insect intrusion.  Should any evidence of structural failure become apparent (such as bowing or buckling of walls, etc.) after this homeowner maintenance is performed, then we will be happy to re-review this matter under the applicable warranty.

Please let us know if you have any questions or require further information. We have attached a photo demonstrating the narrow width of the cracking and the absence of any structural failure of the load bearing elements.

Sincerely,
Dominion Homes Customer Care

7/5/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Since I've been with Dominion for 1 year on April 29th, 2013, I get a walk through that they'll fix any problem I have, which they did BUT not my window. I was told they had to order a window, it'll take 2 weeks to get delivered to them, and it'll take less than a minute to put in.18 days go by so I call Dominion Care and told them I've been waiting past what I was told and they got a hold of them and they told them to contact me back... They did NOT contact me back and 5 extra days ( being the 22nd of May )go by so I call back again, Dominion Care told them to fix this problem so they got a hold of me.They assured they have my window, and we both agreed for him to come out on June 6th, 2013 between 12-1p.m. My wife waited downstairs and I took a shower and I get a call at 12:38, but I didn't get to pick it up, I saw it was him and I called back and he didn't answer, it was ONLY 19 minutes after he called, and didn't show for the rest of the day while I called 3 times leaving 3 voice mails asking where are you. Next day I call and no answer again, I called Dominion Care today on June 10th, 2013 and sent an e-mail with proof he called only once with no message and me calling him 3 times, and him avoiding me the whole day and they said I'll look at the e-mail then I'll call you right back, and now they're avoiding me.Please help me, I have proof indicating he called between the times, but not showing even though he gave me his word saying " I'll see you between 12-1".Why is it taking this long to get my window replaced and I can't open it when it's hot because of it's problems they SHOULD have fixed 2 weeks after the 29th of April like they said in the first place.

Desired Settlement: I just want my window, this is stressful and I hate the fact I can't open my window when it's 85 outside because of the lies and negligence of what they're doing.

Business Response:

Good morning and thank you for the opportunity to review and respond to this complaint.  Our records indicate that ****** Lumber had to order a replacement for the affected window component(s) and that unfortunately this took much longer than expected.  We sincerely apologize for the inconvenience and delay the homeowner experienced.  The window was replaced on June 11, 2013, and our Customer Care Department did verify by phone on June 13, 2013, witht he homeowner that the work was completed.  Please let us know if any further information or action is required regarding this matter.

Sincerely,

Dominion Homes Customer Care

7/5/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Withing six months of our house being built, our siding is melting. We first noticed this on December 18, 2012, and sent an email to Dominion the next day. Finally, over a month later, we were sent an extremely generic email stating that this was an "act of nature". It honestly looks like someone grilled too close to the side of our house - about 10 times - moving the grill each time. They included a fax sent to them in 2010 that stated that the thermal windows could possibly do this. Their recommendation was that we change the window. Too bad the window belongs to the house next door that is still owned by Dominion. When I called after receiving the email, I was told by a woman that she was the only person that could help me, but that she could not answer my questions. Sounds odd, correct? Every question I asked, she would not answer; her mechanical response was "Send your question in writing." What is the difference between asking verbally or asking on paper? It is now April. Even our real estate agent has contacted Dominion with no results. Our insurance company is investigating this, and we have had a representative from the window company come to see what could be done. They told us it is not their windows that is the problem. I wish this product was typical, and I could just walk away from it. I would NEVER recommend Dominion Homes to anyone!

Desired Settlement: I want a way for my siding to be: #1 Replaced, or #2 Not melt again once I get it corrected. I would like for the company to treat me with respect and kindness. Once I bought the house, I was a "nothing" to them.

Business Response:

We have received and reviewed this complaint regarding siding which melted on the side of this home.  Unfortunately, once it was determined that replacement of the siding was appropriate, that work was then delayed until a fix could be found which should prevent it from re-occurring.  The window on the neighboring home was replaced, and then the affected siding was replaced.  Our records indicate that ******** replaced the melted or distorted siding on the ****** home on June 3, 2013.  We believe this matter is resolved.  Please let us know if further information is needed. 
 
Thank you for the opportunity to resolve this matter. 
 
Sincerely, 
Dominion Homes Customer Care

7/5/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We had Dominion Homes newly build our home in 2001. Several months ago we noticed rotting around the bottom third of our front door frame. We hired a handyman who patched up the damage and painted our front door. A few months ago we observed that the door frame was again rotting on the other side. We had a contractor come out to give us an estimate and they said that when Dominion built our home they neglected to install flashings on and above our front door. This negligence on the part of Dominion has allowed water to slowly and consistently leak down around our door frame and has resulted in major damage to the frame, the door jamb and the floor beneath. Here is the quote from the contractor:"After investigation of the front door, the fypon pediment above the door was found not to be flashed properly at installation to prevent water from falling behind the trim. Water damage has occurred due to this lack of flashing and is apparent around the trim of the door and jambs. Further trim and siding removal may expose more water damage and rot both to the OSB sheathing and possible the structural members of the wall."I have been unable to get Dominion Homes to accept responsibility for their negligence in building a front door with no flashings and the resulting destruction of my front door and frame.

Desired Settlement: I have an estimate for nearly $4,000 to fix the front door and frame as well as repair any "hidden" damages that may have resulted to the flooring as a result of the water leakage over the years.

Consumer Response:

Here is some correspondence I had with the contractor prior to the removal of the pediment (which conclusively proved there were no flashings installed).  Note the statement about the lack of flashings as"absolutely a mark of faulty construction..."
 
----- Forwarded Message -----
From: ****** **** <******@****-construction.com>
To: **** ****** <***********@yahoo.com> 
Sent: Monday, August 20, 2012 5:17 PM
Subject: RE: Front Door

****,
 
The flashing in question for this application slips up under the siding and over the door trim.  When the builder installs the pediment, the trim is usually flat or removed and the pediment is nailed on directly to the jamb.  This allows for the pediment to "float" over the vinyl siding.  This creates a funnel for water to get behing the siding and lay on the jamb if the flashing is not installed.   Properly flashed windows and doors are the mark of a builder that knows what he is doing.  Missing flashing is absolutely a mark of faulty construction and should be covered under both the builder's warranty and the legal definition of negligence.  If removing the pediment is part of the warranty work, it should not be a question as to whom is responsible for replacing it if it breaks.  Dominion is on the hook for that.
 
I have attached two drawings to help you get a picture of what is happening.
 
Good Luck!
 
****** ****
 
From: **** ****** [mailto:***********@yahoo.com] 
Sent: Monday, August 20, 2012 4:50 PM
To: ****** ****
Subject: Re: Front Door
 
Thanks ****** - I'm still trying to understand the whole thing - I thought the lack of flashings would be apparent just from looking at the doorway, etc. but it appears this 
is not necessarily the case per your email.  I have emailed Dominion back asking if they are going to send their rep out to inspect or what the next steps are as the true extent of the issue may not be known until we "get in there".
I'm trying to figure out what exactly they are looking for me to provide them in order to "rule on the claim".  I really don't want to proceed with anything until I'm sure
of their position.  I guess I'm holding out the slim hope that they would realize their faulty construction/oversight was to blame based on the review from a qualified contractor (****) and then accept liability for the repair and go from there.  And if this pediment gets damaged during the "further inspection" I need to know if Dominion
is going to handle that as well...or whether they are going to deny liability regardless of what you find/I send them.  
Am I safe to assume though, that if the flashing is missing that this would a legit case of builder negligence?  Is it a standard part of home building - I guess if I understood that I would be more comfortable with proceeding on repairs even if Dominion wants to drag their feet...I could just present them the bill via an attorney, etc.
 
Thanks for everything!
 
**** ******
 
From: ****** **** <******@****-construction.com>
To: "***********@yahoo.com" <***********@yahoo.com> 
Sent: Monday, August 20, 2012 4:03 PM
Subject: Front Door
 
****,
 
To clarify, the damage that was noted on and around your front entry is consistent with what we find when there is missing or insuficient flashing placed between the vinyl siding and the top of the actual door jamb and/or trim.  We will not be able to confirm this without removing the Fypon Pediment that is attached to the top of the door above the transom.  The water damage presents itself on the door jamb legs and head where water would lay if it could work it's way behind the trim.  We often find that flashing has not been installed where a decorative pediment is present.  With the amount of damage to the wood,  my suspicion is that the flashing is indeed missing.  An alternative or compounding issue could be water directed behind the vinyl siding from an area higher on the front elevation of the house.  Rotten trim was noted above and to the left of the front door on the roof line of the garage.
 
Removal of the pediment can be tricky depending upon the age of the home and the degree of exposure to the elements. The Fypon material can become brittle and will break easily.  **** Construction cannot take responsibility for breakage during removal.  
 
Let me know if this helps.   
 
 
****** ****

Consumer Response:

here are the photos from **** after removing pediment from over door:

Business Response:

This home closed in June of 2001 and included a one year limited installation warranty on the doors, trim, and siding, and a two year limited warranty against water intrusion. 
 
In 2012 the homeowner reported water intrusion at the front door area of the home.  We performed an initial inspection on October 24, 2012, and a second inspection on November 6, 2012.  The purpose of the second inspection was to physically remove the fypon trim from above the front door in order to inspect both its installation and the area behind the trim, as the claim was made that the fypon was installed without proper flashing that as a result, water was making its way in at the fypon above the door and making its way down to the bottom of the door. 
 
At both inspections, we found no evidence of any installation errors.  The fypon trim was in fact properly installed, and there was no water damage behind it, which disproved the theory that this was a point of water entry.
 
However, we did observe a lack of homeowner maintenance and upkeep over time in relation to maintaining the caulking and painting at the front door area in the nearly 12 years which had elapsed since construction. (photos attached)
All Dominion homeowners are advised via the Homeowner's Manual to perform exterior inspections of their home seasonally, and to repair or address any voids or gaps which may occur over time.  While we are happy to review any provable evidence of a specific construction or installation error or defect, none were found in this case, and we cannot assume liability for the upkeep and maintenance of the home over time.  These trim components do require periodic re-caulking and re-painting in order to maintain a weather resistant barrier. 
 
In light of the fact no construction defect was found or proven, and due to the fact all relative warranties expired years ago, regrettably there is no action to be taken by Dominion Homes in relation to the water intrusion and subsequent water damage which occurred below the front door area of the home.  We believe routine exterior maintenance could have prevented this occurrence. 
 
Thank you for the opportunity to review this concern. 
 
Sincerely, 
Dominion Homes Customer Care
 


4/12/2013 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: I originally engaged Dominion Homes Customer Care Team because the foundation on my home is shifting and sinking. The issues appear to be concentrated on the 4 foot family room bump out; the entire back of the bump out has sunk about 1/2 inch across 1 entire row of blocks. The back door is racked making it terribly difficult to lock, unlock and open. I contacted Dominion Homes via their telephone customer care department on August 27, 2012 to report the issue. I was instructed by **** I needed to submit a formal warranty issue request to Dominion Homes via mail or email. On August 28, 2012 I sent an email message describing the visible issue and included photos.I had not received an acknowledgement to my message sent on August 28, 2012 so I contacted Customer Care on September 4, 2012 via phone to ensure my email message was received. I was advised via phone they had received my warranty request and would like to schedule a Dominion Homes representative on September 17, 2012 come to my home and inspect the issue.*****, from Dominion Homes, arrived on September 17, 2012 and completed a report including photos and measurements. He advised that he would follow up with me at the end of the week after a review committee reviewed our case. On September 20, 2012 ***** phoned to advise that Dominion Homes would like to send out a structural engineer to inspect the foundation further.After the second inspection, I was contacted via phone by ***** and advised that structural engineer found no issues with the homes foundation and Dominion Homes considered this matter closed. He advised Customer Care would mail me an official letter closing the case and include a copy of the engineers report.I contacted Customer Care on November 16, 2012 with the following message that was never returned:It has been over a month since ***** connected with me to share Dominion Homes decision on the home warranty. He said I should receive a formal written response with a copy of the structural engineering report.When can I expect to receive these materials?I again reached out to Customer Care on November 27, 2012 sharing I was still waiting for the final reports and had not received a response to my previous email messages requesting assistance. I have not received a reply to my message that was sent on November 16, 2012. Please acknowledge this message and provide me with a date you plan to respond.As of January 2, 2013, I have not received any written response from Dominion Homes or any communication regarding my repeated email requests for assistance.

Desired Settlement: I would like Dominion Homes to acknowledge and address my customer service requests. I would like a formal, written response/report from Dominion Homes detailing why the foundation issues reported and inspected are not structural issues that should be covered under the 30-Year Structural Warranty and include the complete copy of the engineers report or I would like the foundation repaired.

Business Response: Due to your report of the occurrence of cracks and separation in the block foundation walls of your
home, we coordinated several inspections of the affected areas including an evaluation by our
Quality Assurance  department and by a licensed engineer. The cracks appear to be the direct result
of recent ground movement or settlement which has occurred more than thirteen years after the
completion of the construction of your home.

Your home included to the original owners of the home specific warranties of defined scopes and
finite durations. Among these warranties were a non-transferable one year limited warranty against
ground settlement and a thirty year limited warranty against actual structural failure (as defined in the
warranty documents). While the structural warranty protects against the actual defined failure of the
load bearing components of the home, it does not protect against damage to the load bearing
elements caused by any other factors, such as leaks/water damage, settlement, acts of god, etc. In
fact, the warranty language exclusions clearly state damage to the load bearing elements
caused by ground movement is not covered by any warranty at any time.

There have been reports locally and nationally of 2012's prolonged drought conditions resulting
in new and excessive ground settlement and subsequent damage to yards, homes, foundations, and
other property. While we agree that in the ongoing care and maintenance of your home certain
repairs to your foundation walls are indeed necessary and appropriate, due to the facts the damage is
the result of settlement and there are no applicable warranties, Dominion Homes is not the party
responsible for implementing or covering the cost of these repairs.

We have assumed the cost of a third party engineer inspection and we are happy to provide you with
the enclosed copy of his report and for your records and use in determining your next steps in hiring
and implementing any necessary repairs (if applicable) to your home. You may also wish to contact
your homeowner's insurance provider if you have not already done so in order to verify whether
your insurance policy coverage might lend itself to this situation.

If you feel our findings are in error, you are welcome to submit an engineer's report citing specific
and provable structural failure as outlined in the signed warranty documents for further review and
consideration. Please note: any and all damage resulting from ground movement or settlement of
any kind is not covered by any Dominion Homes warranties.

Thank you for the opportunity to review your concerns.


12/5/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I was having my 1 year final home inspection on my new dominion home. I had a few small issues and one heating/cooling issue in one room upstairs that the air vent doesn't blow enough air to either cool in the summer or heat in the winter making the room unlivable. Dominion had the heating company out to look at over 2 weeks ago on a Saturday afternoon in which the heating guy told me after walking and testing the vents that an air booster is needed to get the needed air to that room. He stated that he would contact Dominions forman and will call me back on that Monday. A week went by and nothing. I then wrote to customer service who for the past week and half keeps pushing me off saying they are waiting to hear from heating company. They stated they understand my frustration yet has not done anything to resolve the matter or to simply call the heating company themselves. Then I get an email asking me what the heating guy had told me and how he came to this conclusion? I responded to the question all though I feel I shouldnt have needed to do this as its their job to correct the issue per the guarantee. Today I still have not had any other response nor resolution and this room will continue to remain unlivable until i spend my money to correct Dominion poor heating/cooling unit they have installed in my house. Very poor satisfaction of product as well as service. Its sad to see that even in a tough economy that when someone does purchase a new home from a mass provider, that the provider doesnt always want to stand behind their product.

Desired Settlement: Nothing in return is needed, I will spend my money to correct their issue and will make sure it is known to future potential buyers of the misfortune and poor service I recieved with my 230K purchase.

Business Response:

On October 26, 2012, we scheduled an upcoming appointment with the homeowner, which will take place later this week on Wednesday, November 7, 2012.  This meeting will consist of a joint on-site inspection by the Dominion Homes Quality Assurance personnel and the HVAC company personnel (including the technician who disputes the claim regarding his reported statements. 

Thank you.

Dominion Homes Customer Care

Consumer Response: I am rejecting this response because:

we do have an appointment scheduled for this Wed but find it funny that the technician disputes my claims as before our meeting i had no idea nor ever heard of an air booster.  


Consumer Response: problem resolved and handled very well.  

9/17/2012 Guarantee/Warranty Issues | Complaint Details Unavailable
8/5/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I was given a closing date of June 19, 2012 and was only given a one day notice that the closing date was postponed. They were unable to give me a new closing date and as of today I still do not have a closing date. I had already given my 30 day notice to my landlord and she had new tenants moving in on July 1st, so I basically had no where to go. I could not find an apartment to rent month to month, so I have been sleeping on couches of friends and family. I have three children and a dog, so this has completely turned my life upside down and when asked what Dominion could do to help me, they have given me the run around and basically their answer was nothing. Their customer service has been very poor regarding this matter and when I told them I felt I should not have to pay a moving company twice as well as two months of storage due to no fault of my own, they said nothing. I have had to send my children to relatives and pay large amounts of money to board my dog, cancel family plans, commute further to work and yet Dominion Homes has done nothing to ease my burden. They seem to have forgotten that I am their customer.

Desired Settlement: I believe they should pay for my second move and my storage rental fee, which is roughly $900.00. Moving Fee:$500Storage Rental:$200 per month (2 months)

Business Response:

The following information is provided in response to complaint number 9128037 filed by Ms. ******* ****** in relation to a home for which she contracted located at lot number **** in the **** ****** North community.
 
Ms. ****** entered into a contract for the purchase of the home, and the home has been completed by Dominion Homes in a timely manner in accordance with those contract terms.  However, the closing of the home has been delayed indefinitely by the USDA-backed rural development loan program through which Ms. ****** obtained her financing.   As the USDA is a governmental agency and as Dominion Homes is not a bank or finance company, there is absolutely nothing Dominion Homes could have done to cause, prevent, or predict the third party financing delay which has occurred. 
 
Ms. ****** was notified of the change in the USDA's previous standard turnaround times and the fact that this change would delay the originally expected closing date at least one week prior to that initially scheduled closing date.  While she did contact our personnel the day before the canceled closing in order to double-check that it was still in fact canceled, the claim that her first notice of the cancellation was one day prior is simply false.
 
While we share and empathize with Ms. ******' frustration at both the delay and the USDA's inability to provide a confirmed new closing date as of the time of this writing, this sense of empathy does not then in turn create fault on the part of Dominion Homes.  Dominion Homes has zero role or influence over the government's turnaround times and processes and simply cannot assume this liability.  Attached for your review is a copy of Ms. ******' signed Home Purchase Agreement.  Page 2, Section 6 states: 
 
Seller(Dominion Homes) shall not be obligated to make, provide, or compensate Buyer for any accommodations or other claimed direct, indirect, or consequential damages, as a result of construction delays or any other delays associated with the construction of the improvements constituting part of the Home or the closing of the sale thereof.
 
While we agree it is a very unfortunate situation that all parties have been unable to proceed with the closing due to the financing delay, Dominion Homes is not responsible for the delay or for any claimed expenses associated with the delay.
 
Please let us know if you require further information.
 

5/2/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Dominion says they ****** not return my $500 deposit due to my reason for cancelling, which I never gave. They were unethical throughout entire process. On Feb. 15 I signed a purchase contract for a house that was more than $87,000 and put down a $500 deposit which the salesman told me was refundable if something were to happen. When signing the contract, I told him my fiance (who was not present) was having second thoughts and prior to signing the contract, I told him I was very confused about what it was I had to sign (I have all of this in text messages). He never made it clear to me that the deposit was ONLY refundable under certain circumstances, nor did he ever give me the opportunity to think about it or look over the contract even after I told him I wasn't sure about it. Prior to processing the loan application and after having already signed the contract, I found out from the lender that I was preapproved for $85,000 (which he made clear was probably a stretch). The salesman knew that I was not approved for the amount of the house as he was the one who text me and told me that I had in fact been approved and asked when I could come do my paperwork (meaning the contract). I also found out that the school district for the area is Columbus Public Schools but Dominion Homes advertises it in their informational packet as being Southwestern, which is easy to believe because the house is in closer proximity to Southwestern Schools than it is to Columbus Public Schools. It is very misleading. My realtor told me the deposit was probably not refundable, but I decided to cancel the contract anyway, keeping in mind that the salesman never made any indication that it wasn't. I let the salesman know that I was disappointed in his unethical practices. I reminded him how confused I was prior to signing the contract and reminded him he never gave me the opportunity to thoroughly review the contract. His response was the word contract is self-explanatory. I contacted the Dominion Sales staff by telephone the week of March 5th and never received a return phone call. I did however receive a letter a few days later which stated that due to my reasons for cancelling the contract, they would not refund my deposit. I never submitted anything to them which stated my reasons for cancelling so I am not even sure what they are basing that off of.

Desired Settlement: I would like to get my $500 deposit back because I believe the contract should have been void due to not being qualified for the house to begin with. Also, because of the salesman's unethical business practices and Dominion's false advertising of Southwestern Schools, I should be entitled to the refund.

Business Response: Good afternoon, Ms.****** entered into a purchase agreement with Dominion Homes for the home located at lot number 240 in the Village at *********** community. In conjunction with this agreement, she made a five hundred dollar deposit. Subject to the terms of the written agreement, the deposit is not refundable to the Buyer *UNLESS* the Buyer is unable to obtain financing within the stated time period, subject to the specific terms outlined in the purchase agreement, page 2, item number 3 (financing contingency). On February 13, 2012, ********** Home Mortgage provided a preliminary favorable determination indicating that based upon the online submission and documentation, the loan apeared to be approvable. Therefore Ms. ****** has not met the criteria for cancellation of a contract which would then qualify for a deposit refund. Furthermore, Ms. ****** indicated her reason for cancellation was due to the fact she preferred a rehabbed HUD home with a larger yard which she found after entering into the Dominion purchase agreement; the cancellation was not due to an inability to obtain financing. After a thorough review, there is no return of the deposit in this case, in keeping with the signed agreements.

Consumer Response: (The consumer indicated he/she DID NOT accept the response from the business.) I, Ms. ******, do not deny that I entered into a purchase agreement with Dominion Homes. I affirm that I unknowingly agreed to an unfair contract under false pretenses with the agreement being conducted by an unethical salesman who did not have my best interests in mind. Dominion Homes has never provided nor can they provide proof of a ''preliminary favorable determination''. I naively trusted the salesman and what he told me: 1-that I was approved for the price of the unit and 2-the deposit was refundable if something were to happen. ****** Home Mortgage did not provide a preliminary favorable determination. The purchase contract lists the price of the unit for more than $87,000. Unbeknownst to me, I was approved for less than $87,000. Under NO circumstances is this ''favorable''; to the contrary, it indicates to buyers that they must either pay a lower price or continue looking for a home in their price range. Yet the salesman insisted on having me sign my ''paperwork'', even AFTER I told him I was confused about the purchase contract and even AFTER I told him I was having second thoughts (all of which I have proof of). Dominion Homes has not and cannot provide proof of my cancellation because they don't have any proof. I was asked to provide a letter stating my reasons for cancelling and before I could, my realtor told me that Dominion Homes would allow me to cancel the contract. I NEVER indicated to Dominion Homes that my reason for cancellation was ''due to the fact I preferred a rehabbed HUD home with a larger yard which I found after entering into the Dominion purchase agreement.'' That is completely and totally false. After a thorough review, anyone can see that there should be a return of my deposit. Without even considering the unethical practices of the salesman, a contract signed under false pretenses, i.e. not qualifying for at least the price of the unit, should be null and void. Not to mention the main reason I considered the unit was because of the school district, only to find out Dominion Homes falsely advertises the unit as being in the Southwestern School District (which they coincidentally did not address in their response). And finally consider that I never gave my reasons for cancelling to Dominion Homes, so they have nothing to base their decision on. Perhaps had the company returned my call rather than sending me a letter denying my refund without considering my reasons for cancellation, I would have been able to provide them with the information I am providing now. Clearly, I am entitled to my refund.

Business Response: Good morning. Based solely upon the piece of collateral which Ms. Vasquez provided in which the school system was listed incorrectly, we submitted a refund request last week in order to return her deposit to her. If she has not already received it, she should have it within the next few days. Thank you,

4/2/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I bought a Dominion home in February 2011 from Fannie Mae. No issues detected by initial home inspection. After a season of heavy rains, found water intrusion in basement. Had a foundation inspector inspect the issue. He said it was a builder issue. Water is coming in between top of foundation and sill plate on front of house. There is significant wood rot and deterioration to the OSB panels. This is because a flashing was not propery installed under the front porch stoop, and water is being trapped. Front porch stoop slopes back towards the house and does not allow water to drain. Also, drip edges were not installed over the Front door and under the windows. Water is being trapped and running under the brick veneer and destroying the wood under it. Dominion homes states, the warranty was not transferrable and it is my problem.

Desired Settlement: I feel dominion homes should stand behind there products. I request a representative to come out and inspect the issue. Investigate which sub-contractor did the faulty installation and assist with the repairs. I am not asking for full payment, just some help with getting it repaired and repaired properly. I feel dominion homes should be held accountable if the are building homes incorrectly which causes subsequent homeowners to have to pair for costly repairs in an already unstable economic climate

Business Response: Business responds: "In response to: BBB complaint case # XXXXXXXX Attorney General complaint # XXXXXX We are in receipt of the BBB and AG complaints filed by Mr. ****** ****** in relation to his home located at lot number **** in the ************** community. Dominion Homes sold the home to the original owner with a closing date of April 19, 2002; nearly nine years prior to Mr. ******'s purchase of the home as a bank-owned property in 2011. Mr. ****** is the third legal owner of the home. When a subsequent owner purchases an existing Dominion Home from the original owner or any other party, Dominion Homes is not a party to that purchase transaction and has no involvement relative to any representation of any warranties of any kind made to the Buyer by the Seller. However, (solely as a courtesy) Dominion Homes does at this time still honor the remaining balance of the original Limited Warranty Against Major Structural Defects as clearly and specifically defined in the warranty documents signed and entered into by the original homeowner, even for bank-owned or government-owned properties which may have been vacant and/or unmaintained for a period of time. The duration of this warranty for homes which originally closed after 4/1/98 is 30 years from the original owner's original closing date. This transferable warranty does not under any circumstance cover water damage to structural components, leaks of any kind, appliances, or mechanicals, nor does it cover any locally caused damage, wear and tear, or damage that may have resulted from lack of maintenance and upkeep. There are no installation warranties whatsoever. Furthermore, it is important to note that bank- or government-owned properties such as this one sometimes sit vacant and possibly unheated or unmaintained for a period of time prior to a change in ownership, and any damage that may have resulted from such a scenario is also not warrantable. This warranty protects against actual structural failure OF the load bearing components of the home. (i.e., beams and trusses) ONLY, as specifically defined in the original warranty documents. Unfortunately, it does not cover leaks or water intrusion of any kind, or any subsequent damage caused by water intrusion, even if that water damage is TO the structural components, regardless of cause. Mr. ****** contacted our Customer Care department in April of 2011 to report water intrusion into the basement area of the home. The warranties were explained to him at that time and he was advised the home's leak and installation warranties had expired and were not at any time transferable. Our position remains as stated. The home was built ten years ago in accordance with all code and municipal requirements in effect at that time, and passed all required inspections in order to receive a final certificate of occupancy in 2002. Dominion Homes has absolutelv no contractual relationship with Mr. ****** and he does not have any active warranties whatsoever with regard to water intrusion or in relation to installation claims of any kind. It may also be worth investigating whether Mr. ****** purchased the home from the Seller "As-Is," as this is sometimes the case with bank- or government-owned properties. Mr. ****** may also wish to follow up with any inspection service he may have hired to perform services in the course of his home purchase. Mr. ****** did not purchase the home from Dominion, and as all applicable warranties expired years before his purchase, Dominion Homes has no obligation or involvement in this matter. Should you require further information, please contact us at (614) XXX-XXXX or via e-mail sent to *****@dominionhomes.com"

Consumer Response: (The consumer indicated he/she ACCEPTED the response from the business.) I have no option other than to accept Dominion Homes Response; however, I would like to give an explanation for the reason of my complaint. I fully understand I have no contractual relationship with Dominion Homes; I was not seeking money, or free labor of any kind. I was simply asking for assistance and guidance on what was needed to repair my home. Simply put, Dominion Homes built my home, albeit incorrectly they are still the experts on the homes they themselves built. Who better to provide guidance on the repairs needed, or at least this is how I think. After several hours of research, I discovered I am not the only owner of a Dominion Home with these problems. Several owners in my subdivision alone have needed extensive repairs due to shoddy work and poor construction. When my Truck breaks down, I can take it to the dealer or manufacturer and have it repaired correctly, for a fee of course. I am the third legal owner of my truck and they never turn me away. I thought this was the case for most buisnesses who sell a product, costing large sums of money, built by supposedly reputable companies. I was wrong. So, I will share my story with potential home-buyers and tell them to BEWARE when considering a Dominion Home. I will not be purchasing a Dominion Home in the future and I hope to discourage anyone I can from buying a Dominion Home, especially if they are a subsequent purchaser, as they will not be receiving any Customer Care should issues with shoddy work and poor construction arise. Whether or not it the Industry Standard a company who advertises quality should back their products. The problem is because of Improper Construction, not because I am the Third Owner, or because the house is 10 years old. Just because it passes code, does not mean it right. I wanted help from the builder, and received nothing. Thank you for your time ****** ******

1/18/2012 Problems with Product/Service
1/17/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: The concrete on the front porch of our new Dominion Home is a totally different color than the concrete around the rest of our home. The concrete on the front porch of our new Dominion Home is an ugly, splotchy, brown color which is a total mismatch with the other concrete and is very unattractive. Dominion first alleged the concrete was poured at a different time (which would have not been a valid excuse and they've backed off from that). Next, they allege the guy we used to seal the concrete sealed the concrete when it was diry. This sealer, however, wrote them a letter certifying that he power washed the concrete prior to sealing. Finally, they are trying to state that he used a sealant which somehow imparted this ugly brown color. However, the sealer has clearly stated that he used a totally clear sealant product. We have been waiting for over two months for Dominion to do something and they refuse to even try and find a solution. We've last dealt with Dominion's Dave Casey.

Desired Settlement: The concrete should be replaced (it's already starting to pit and is clearly defective). However, we are willing to let Dominion first come back and thoroughly clean this concrete (probably using something like muriatic acid). If they can get the color of the concrete back to something very close to our other concrete (and then seal the same) we would probably be satisfied.

Business Response: Attached is a copy of a letter we have now sent to the homeowner/consumer in relation to their concern. Please let me know if there are any questions or if more information is needed. Thanks. From: (****) Sent: Monday, December 19, 2011 10:01 AM To: (****) Subject: Re: BBB ct #(****) IT'S YOUR HOME December 15,2011 (****) 819 (****) Delaware, Ohio 43015 RE:(****) Dear Mr. and Mrs. (****): Recently we've performed several visual inspections of the front porch concrete of your home located at the above address due to cosmetic imperfections in the finish color of the concrete. A full removal and replacement of the front porch concrete is not called for and will not take place. In the course of our site conversations, you've advised us that after power-washing the concrete surface, you did detect areas of color variation but decided to proceed with the application of a concrete sealant prior to reporting the concern or affording Dominion Homes the opportunity to inspect it. As often occurs, the selected sealant appears to have made any color variations or areas of potential discoloration more noticeable than they were prior to the application of the sealant product. Furthermore, it appears the sealant has a color tint (or the color has fadedlaltered since application) which may also be contributing to your dissatisfaction with its appearance. It is important to note Dominion Homes has not denied service or further review and potential involvement relative to this concern. However, in order for us to view the concrete and consider appropriate options, you (or your chosen vendor contractor) must first remove the sealant which was not applied by Dominion Homes. Once the sealant has been removed, we will be happy to have a qualified concrete vendor inspect the porch concrete and render a professional opinion and recommendation(s). Although you are free to hire the sealant removal services from any qualified party of your choosing as this measure will be at your own expense, if you need a recommendation we will be happy to provide information on a concrete company with whom we have experience. Please let us know once the sealant has been removed so we may coordinate a next inspection. Due to seasonally inclement weather conditions, we recommend waiting until spring 2012 to remove the sealant. Please note, if the sealant is not removed and/or we do not receive further communication from you relative to proceeding as outline above with the removal and a subsequent inspection by May 1, 2012, then we will consider this matter closed and no further evaluation or action on the part of Dominion Homes shall take place. Thank you for the opportunity to review your concerns. (****) Quality Assurance Manager (****) Tel 614 (****)

Consumer Response: (The consumer indicated he/she DID NOT accept the response from the business.) Dominion now requires us to pay for somebody to remove the CLEAR sealant so they can see what the concrete looked like before application. There is an area of "virgin" concrete where NO sealant was applied-and it is discolored in exactly the same way. Dominion or its concrete subcontactor need to promptly come view this vigin concrete and see for themselves that, as out expert said "it is easily noticeable that a brown color hardner was floated into the concrtete during the installation process." Once this examination has been completed we will be pleased to discuss with Dominion the best way to proceed. However, by taking replacement off the table (as they have done in their response) we are concerned they are not serious about resolving the matter. The bottom line remains-the concrete was thoroughly powerwashed before the sealant was applied-and the sealant was totally clear. In no way is this sealant responsible for the ugly brown color of the concerete on our front porch. We will wait a reasonable time for Dominion to inspect the virgin concrete. Once inspection has been completed, we will discuss with them, in good faith, final resolution. If inspection and final resolution is not promptly agreed upon, however,we will proceed to formal arbitration.

Business Response: Our offer to re-examine the concrete, once the sealant has been removed, remains. The reason replacement of the concrete will not occur is that color is not a reason to replace concrete. To that end, all of our homebuyers sign a Clarification addendum which states that there are no color gurantees, and our Homeowner's manual very clearly outlines the fact that cracks in excess of a specific measurement are the only warrantable concerns relative to concrete. Spalling, pitting, and color issues are not warrantable, and color does not affect the integrity of the concrete itself to perform or function as intended. We remain ready and willing to proceed in accordance with our most recent correspondence. ::

1/11/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Improper Installation of Siding Creates Home Damage Dominion Homes built our house((****)912) in August 2000. We are the original homeowners. Recently, as we went to replace our floors, we noticed that there was a "soft spot" in the floor, so we called a handyman to give us an estimate to fix it. The handyman noticed that the soft spot was actually due to an outside problem: the seam of the siding was not properly sealed, and water was running down behind the siding damaging the wall and floor. When the old linoleum was removed there was a hole in the floor and black mold growing on the side of the house. The fix was estimated to cost $1500, so I immediately called and emailed Dominion Homes customer service. After many attempts to ask for and get the correct information to them, including pictures, they finally agreed to send someone out to check the damage. Dominion took 10 days to send someone to our house. I told them that their response time was unacceptable and too long to wait. Not only do I have contractors waiting in my house to finish the floors, this fix is absolutely necessary for the health and safety of the people living in the home. So, I authorized the handyman to repair the damage and fix the problem. When the Dominion rep stopped by the house with their siding expert, the siding expert said that the damage was done by the improper installation of the seam. The Dominion representative said he would take this to the company and get back to me. Another 10 days went by and my husband received a call that Dominion would not be reimbursing us because the repair had already been made. I'm sorry, but I find that completely unacceptable. It would be 20 days before I can determine that they weren't going to fix a problem that was clearly identified by more than one person as an installation problem? And, I was expected to wait until then to reschedule my handyman and floors? This fix absolutely had to be made. Given the number of problems my neighbors had with the building of their homes, I guess I thought I would be exempt from Dominion's sub-standard practices, but alas it has caught up with me and cost me dearly. I will certainly not make that mistake again in choosing my next builder!

Desired Settlement: I would like to be reimbursed for the cost of materials and labor to fix the problem created by improper installation of the siding. Dominion Homes has received photographs of the damage along with my receipt from (****), detailing the work done and the cost $1572.

Business Response: We have received and reviewed the complaint filed by Ms.(****) in relation to a water intrusion or leak concern at her home and the subsequent damage. Her home located at lot number (****) in the (****)community closed in August of 2000, and included a two year limited leak warranty which expired in 2002. Please allow us to first clarify or correct the timeline associated with the reporting of her concern to Dominion Homes: - 7/26/11 Ms. (****) submitted an email to our Customer Care team stating she felt there were ''serious structural problems'' at the home. No specifics were provided. - 7/28/11 Customer Care replied to the email with information on the remaining home warranties and explaining: ''Your home closed in August of 2000 and included a one year limited warranty on the basic home, a two year warranty on the mechanicals and against leaks, and a thirty year limited warranty against major structural defects. Only the balance of the limited structural warranty remains in effect at this time. If you feel your concern requires further consideration, you are welcome to qualify your claim for further review by submitting documentation from a qualified professional citing an actual specific construction or installation defect or error, or structural failure, along with photographs or any other evidence to support the claim. We will be happy to review any such contractor findings and/or photographs. Thank you for the opportunity to review your concern. Please let us know if you have further questions about the warranty or the claim process.'' - 7/28/11 Ms (****) replied to the e-mail and asked if she should hire contractors and pay them for repairs, and then try to collect a reimbursement. She also stated that she ''received the information regarding the construction errors from certified professionals'' but did not provide any actual documentation or supporting evidence with this e-mail. - 8/5/11 Customer Care e-mailed Ms. (****) and again explained the claim qualification process for an out of warranty issue to be reviewed, and clearly stated: ''In order to have this concern reviewed by Dominion Homes, you would need to submit written findings along with photographs from a qualified contractor citing an actual specific construction or installation defect or error, or structural failure. We do not offer reimbursement for repairs that have already been completed because Dominion Homes must be afforded the opportunity to inspect before any repairs are made or take remedial actions if they were in fact found to be justified. Please let us know if we can be of further assistance.'' - 8/5/11 Ms. (****) replied to the email above (which proves receipt of the information) and inquired as to what makes a contractor qualified, and where the findings should be submitted. - 8/12/11 Customer Care sent the following reply: ''You may use any contractor of your choosing. A qualified contractor should be familiar with a home's foundation. We believe you mentioned below that you had already received information from a certified professional. His/her written findings along with photographs of the concerns would be fine. Also, you may send the written findings and photographs via this e-mail address or if you prefer to mail the information: Dominion Homes Attn: Customer Care 4900 Tuttle Crossing Blvd. Dublin, OH 43016 Please let us know if we can be of further assistance.'' - We received no further contact and none of the requested qualifying information over the course of the next month. On 9/12/11 we received an email from Ms. (****) of photographs of an area of water damaged OSB where siding had been removed. She also stated in her e-mail that there was ''improper installation'' of the siding. However, she did not include any photographs actually proving or showing the claimed installation error (all materials were already removed in the photos) NOR did she supply any written contractor findings, as requested and instructed. Therefore, the claim was still not yet qualified. Also on this date, Ms (****) called the customer care team and requested Dominion Homes come to her home to inspect. Our representative advised that we do not offer inspections of claims which have not yet followed the qualification process, and again explained the qualification process for her claim - specifically, that we must FIRST receive actual proof of a construction defect or error, in the form of both A) a written statement or documentation from a qualified contractor which clearly and specifically states the alleged defect, and B) photographs which clearly show the actual defect, neither of which had yet been supplied to us. We also emailed her on 9/12/11 the following information: ''As previously explained, any time a concern is presented for consideration after the expiration of the standard warranty period (one year basic warranty on the home and two year leak warranties) then the homeowner must follow our established process to qualify and submit their claim for further review. Specifically, you must submit written documentation citing an actual, provable, specific construction or installation defect or error. This documentation should then be supported with photographs or other evidence which clearly demonstrate or support the specific claims contained therein. Unfortunately, photographs showing the presence of a leak or subsequent leak damage without the required accompanying documentation clearly outlining your alleged claim do not in fact meet this criteria, as many factors can cause or contribute to a leak condition reported eleven years after construction was completed. Please note, we remain happy to review the necessary documentation if you wish to proceed with qualifying your claim at this time.'' Ms. (****) stated she would have her handyman send information to us that day. On 9/12/11 at 3:33 PM we received an e-mail from Ms. (****) including her contractor's statement. We confirmed receipt and advised her she would hear from us again no later than 9/14/11 after review of her information. - 9/13/11 We emailed Ms. (****) and advised her the information had been reviewed and our QA Manager would be contacting her within the next few days in order to schedule an inspection on-site of the concerns. He then scheduled an inspection for Tuesday, 9/20/11. - 9/20/11 Our QA manager arrived for the inspection and found all repairs had already been completed and there was nothing for him to inspect. At no time were we provided with any photographic evidence of any installation errors relative to the siding, nor were we afforded the opportunity to inspect the alleged error or defect, as materials had been altered/replaced prior to our inspection. - 9/29/11 Our QA manager called Mr. (****) and advised him of this information and the fact that there would be no further action by or involvement on the part of Dominion Homes. As we were not provided with proof of an actual installation error, and as we were not afforded the opportunity to inspect the actual alleged error after qualification of the claim via our established process and prior to its removal, and as the leak warranty on the home expired years ago, and as siding and trim components are clearly and specifically excluded from the balance of the active limited structural warranty, there is no action to be taken by Dominion Homes. Ms. (****) was specifically advised we must be afforded an opportunity to inspect the actual alleged defect or error, and she was also advised that we do not offer reimbursements after repairs are completed by other parties. Our determination stands that there shall be no further action to be taken by Dominion Homes, and no reimbursement made. Should you require further information, please let us know. Sincerely, (****) Dominion Homes Customer Care Manager

Consumer Response: (The consumer indicated he/she DID NOT accept the response from the business.) Dominion Homes was provided with documentation of an error in installation: photographs of the installation error along with confirmation from a certified contractor, which was great enough to send a QA person to my home for inspection, along with one of their siding experts. Seeing the location of the installation part in question (albeit fixed) along with the photographs of what the area looked like before repairs were made, as well as step-by-step documentation from a contractor, the siding expert sent by Dominion Homes did identify the error in installation as a J-seam that was improperly installed during the construction of the home. This was not a leak, but faulty construction. As Dominion asked, I had a certified contractor come to the house to officially identify and document the problem, and I soon discovered the problem was far worse than I thought, and seeing black mold and holes in my floor due to the improperly installed siding seam, I could not wait for Dominion to decide whether they were going to consider the problem, then schedule someone to look at the problem, then decide whether they would fix the problem, and then wait longer still to schedule that fix. This was now an issue of health and safety. Although Dominion stated they needed a chance to see the error, I instructed them that they needed to send someone out quickly, which they did not do. I think Dominion Customer Care purposely makes this process difficult and prolonged so they do not have to do right. As is evident by Dominion's reply, all transactions took at least one week on their side to reply, even when asking simple questions. I started my query in July and it took until September to get them everything they needed to follow up with my concern. Every query comes with the bare minimum answers and a repetition of words. It wasn't until I made this complaint my full-time job, including several phone calls not listed in their response, did they give me all the information I needed to have someone come and look at my problem. Upon seeing the photos and receiving the contractor's findings, Dominion obviously thought there was an issue to investigate, or they would not have sent a QA and siding person to my house. This was a long process even after the information they asked for was provided and confirmed that they received, as Dominion made arrangements to come more than a week after the photos and report reached their office, and it was over another week before we heard a reply from them regarding their official response. This is simply unacceptable given the black mold and hole identified in the pictures. Given their delayed responses throughout this process, I expect I would have had to leave my house open to the elements, exposing black mold and holes in the floor for the better part of a month to reach a resolution that meets their complaint process standards. I understand that it has been 11 years, and it's hard, if not impossible to follow-up and get any money back from the subcontractor they used. ((****) Vinyl). Due to this circumstance, I would be willing to find a compromise. But, no reimbursement at all is not a compromise. This error in installation of the siding cost me $1500, as well as 20 hours of my time spent in trying to resolve this issue with Dominion and that's a lot of time and money. I have not put a dollar value on the issues with health and safety. If it would help others to see those pictures I sent to Dominion, I would be more than willing to send along the photographic proof of the improper installation of the J-seam, along with the documentation from the certified contractor.