Saxony/******** homes has installed defect bricks & mortar width/style on the house we signed the contract with. We have pictures to show the defects.
We have signed the sales contract with Saxony /******** Homes to build our house at XXXXX Overland Park Ln in Villages of Stonelake Estates in Frisco.
We currently have issues with the bricks, joint width and mortar joint. Here are the list of problems we found:
1. Defect Bricks
As a home builder, Saxony/******** could NOT provide the brick samples at their model home for us to compare and select the brick at time of selection. The Sales Manager simply told us to look around Saxony and ******** homes in the neighborhood and select the brick color we like. So, we drove around and found the home at XXXXX Beckley Lane (built by ******** Homes) has the right brick color and that's why we selected Cromwell bricks.
After I questioned about the colors of the bricks, Saxony/******** arranged a meeting for the brick distributor, Brett Packer from Packer Brick, Inc and Commercial Brick Corporation (CBC) Rep. We examined total of 3 other houses with Cromswell bricks. Those 3 other houses are: XXXXX Beckley Lane, XXXXX Overland Park, and XXXXX Overland Park.
After carefully examined the bricks from other 3 houses, we found the following problems with our bricks in the meeting:
a. Our bricks were obviously 80% much darker than other 3 houses. Within any given area, our bricks have 80% more really dark-colored bricks than other 3 houses.
b. Our bricks have 80% more polka dot prints on the bricks than other 3 houses. In other words, the bricks installed on our house have 80% defect colors than other 3 houses.
c. The dents on our bricks are 80% deeper than other 3 houses.
2. Mortar Joint style is flush, NOT "clean tool"(Concave)
We have ordered the mortar joint style to be "Clean Tool", a concaved/indented look rather than the flush look like Saxony's model home. However, Saxony/******** installed the bricks in the flush style.
3. Mortar Joint width
On the selection sheet we signed, the mortar joint width should be 5/8" Standard width. However, there are too many places we found the mortar joint width were more like 3/4" width, the upgrade width which we do NOT want.
By talking to the construction manager, ******** always do the same width regardless if it is standard or upgrade width, since it is only 1/8" difference in width. Because it is masonry, there is no way they can really control the 1/8" difference between Standard and Upgrade. In other words, the 3/4" width upgrade is only a scam to rip more money from the customer.
We would like ******** Homes to replace our bricks with Normal Cromswell bricks (same color variations as the other 3 houses listed) and fix the mortar joint width and style as stated on the Exterior Selections sheet we signed. If they are not able to replace/fix the bricks/mortar joint/width/style, ******** should provide monetary compensation for us to find somebody else to fix the problem.
From: Dan Blackwell
Sent: Monday, February 02, 2015 6:12 PM
To: Cindy Hsu
Cc: Karen Roseboro
Subject: 14704 Overland Park
Good Evening Cindy,
Please find the attached letter from CBC with their response to the issues you have asked us to examine. As noted they have not found any defect in color and/or appearance in the brick. We have also determined that the mortar and brick was installed as described in your exterior selections for your home. I am certain that this is not what you wanted to hear and understand the difficulty in selecting the many color choices for a home. However, we feel that we have followed through with our standards and quality workmanship and scope of work.
(The consumer indicated he/she DID NOT accept the response from the business.)
Thank you for the response from Mr. Blackwell at Saxony/Shaddock Homes.
Regarding the brick quality, Mr. Blackwell used the letter from Commercial Brick Corporation (CBC) as the response to the complaint. Commercial Brick Corporation (CBC) is the manufacturer of the brick.
Since Mr. Bob Hartsock from CBC claimed in the response letter that "I have looked at the run #804 and can tell you that it meets all of our specifications on color range and texture", we would like to receive a copy of the following written documentation:
1. The documentation shows the Cromwell bricks used on our house were from run# 804. If it is not from run #804, what is run # for our bricks?
2. The brick industry standard specifications with effective/published date on brick color range and texture.
3. CBC's standard specifications with its effective date regarding the colors, color range, and texture for Cromwell bricks.
4. CBC's specification of the manufactured date, the colors, color range and texture on the Cromwell bricks used on our house that meets CBC's standard specifications.
5. CBC's specification on how they group the Cromwell bricks with color variations. For example, within a brick batch or a given masonry construction area, what is the standard color mix ratio on how many light, medium, and dark color bricks consisted? What is the color variation mix ratio for Cromwell bricks used on our house?
Since there is such big difference among our house and other 3 sample houses (see attached pictures), our main concern is that CBC might have shipped the inferior Cromwell bricks with defect colors, prints, and incorrect color variation mix ratio to Shaddock Homes. We believe CBC must have some kind of specification for Shaddock Homes (the home builder) to examine the brick color range, color mix ratio, and brick texture when they deliver the products to the home construction site.
In conclusion, the letter from Commercial Brick Corporation (CBC) didn't provide any quality evidence of the bricks until the WRITTEN SPECIFICATIONS and DOCUMENTATION are reviewed and compared with bricks installed on our house. As a reputable and responsible home builder, Shaddock Homes should follow up with CBC and request above documentation from CBC to solve our concerns.
Therefore, this case should be left open until these issues are addressed properly.
Final Business Response
First and foremost, we strive hard to make sure our customers are happy. Some customers regret choices that they make once they see their selections installed. We have certainly met our obligations to the customer. Moreover, they have closed on their home. Of importance, we are attaching two items:
1. Completion Acknowledgement signed by both Purchasers of this property. See notes below.
2. Letter from CBC Brick (brick manufacturer) stating that the brick is within the manufacturers own acceptable standards and that 2,700,000 brick were produced in this brick run without any other complaint from anyone else.
Completion Acknowledgement: Please see attached Completion Acknowledgement signed by the customer whereby they accepted the property without any issues including "cosmetic issues". This document was signed by both Purchasers (Mr. and Mrs. Zhang). This document states:
"Please read carefully. I/We, the Purchaser(s), acknowledge the following:
Seller Responsibility - Shaddock Homes, Ltd. is responsible for resolving only those items as noted below on the Completion Acknowledgment List. THIS IS YOUR ONLY OPPORTUNITY TO OBTAIN SERVICE ON SUCH ITEMS LISTED ON THE COMPLETION ACKNOWLEDGEMENT LIST AND NO SUPPLEMENT OR AMENDMENT TO THIS COMPLETION, LIMITED WARRANTY AND LANDSCAPE ACKNOWLEDGEMENT MAY BE MADE AFTER THE DATE HEREOF. Repair of subsequent cosmetic damages (chips, dents, scratches, etc.) shall be Purchaser's responsibility. I/We, the Purchaser(s) have inspected the home and acknowledge that the home is complete. The quality of workmanship and material is acceptable."
It goes on further to state: "SELLER STRONGLY URGES AND RECOMMENDS THAT YOU ENGAGE APPROPRIATE AND COMPETENT PROFESSIONALS TO CONSULT WITH YOU REGARDING ALL OF THE MATTERS SET FORTH ABOVE."
It also states no verbal agreements contrary to this document exist:
"Verbal Agreement - I/We acknowledge and agree that no verbal promises have been made or implied by any sales consultant, Shaddock Homes, Ltd. or any party on behalf of Shaddock Homes, Ltd. regarding the subject matter hereof or the Purchase Agreement or any related agreement. THIS IS THE ONLY LIST OF COMPLETION ITEMS THAT EXISTS ON YOUR HOME."
Conclusion: The Purchaser has accepted the property in writing the brick manufacturer has stated that the brick meets their standards. Unless more information is needed, may we close this matter as resolved?