Representatives of Olshan maliciously misrepresented their product and as a result, we are out a lot of extra money.
On May 11th, 2016, the bottom level of our home at *** *** *** Drive, Hendersonville, TN, was flooded during heavy rains that occurred in our area. This was the second time we had been flooded, the first occuring back in May 2010 when a major flooding event occurred in the middle Tennessee area. Extensive damage occurred as a result of the May 11th, 2016, event, and we had to replace flooring, drywall and floorboards.
While we were getting repairs made, we investigated foundation companies that specialized in water control. We researched three companies and had employees of each company come out to look at our property, including the crawl space under the main level of our home adjacent to the bottom floor where the major flooding occurred in both cases. We clearly stated to all three companies that we were looking for a solution that would prevent water getting into our home in a flash flood situation.
Joyce A**** of Olshan Foundation Solutions proposed a solution that she assured us would accommodate any water situation that we might encounter in the future, understanding that we were seeking a solution in light of the flooding that had occurred. We signed a contract for $11,104 to have Olshan provide several components that were part of the overall solution. The work was done by Olshan the week of June 20th, 2016, and full payment made (1/2 at beginning of week, 1/2 at end of week). The supervisor who managed the work that week also made the statement that the work being done would keep us from being flooded again.
On July 7th, 2016, we experienced (for the second time in 2 months) a major flooding condition of the bottom level of our home. We contacted Olshan that morning to discuss what they could do to assist us with dealing with a condition that we were told had been addressed. Logan P*******, General Manager, arrived on the scene and instructed us that there was nothing he could do, and that the contract stated that the system installed was not guaranteed for flood situations. It should be emphasized here that the only reason we had Olshan do any work was because of the two floods that occurred previously, and both Joyce and the supervisor were aware of this and strongly and willfully misrepresented their product.
When he was onsite on July 7th, 2016, Mr. P******* stated that he would have somebody come back to fix the drainage pipes leading out into our front yard. We have sink holes where the yard was dug down several feet to accommodate the drainage pipes for the water removal system installed. Mr. P******* said Olshan would bring in additional dirt to fill these holes in. In addition, the ends of the pipes were not positioned so that water would freely flow out of them. It is five weeks later now, and despite repeated phone calls to Mr. P*******, nobody from Olshan Foundation Services has come to our home or called us since they got our money for the work the week of June 20th, with the exception of Mr. P*******'s coming on July 7th to inform us that we had been lied to, but that they would not return any of our money.
As a result of the flood on July 7th, we have incurred close to $6,000 in expenses, including $1,900 to hire an engineer to survey our property to determine what is needed to prevent water from getting into the crawl space in the first place, $200 per month for a storage unit for our furniture from downstairs for an additional 2 months beyond what we should have had to, close to $1,500 to repair and replace the floorboards that were newly installed between May and July, an estimated $900 for drainage pipes and trenches that will need to be dug, $1,400 due to loss of our washer and dryer, and estimated $400 to fix the drainage pipes and potholes in our front yard that Mr. P******* stated Olshan would take care of (and they haven't).
We are requesting Olshan Foundation Solutions to provide us $4,000 in cash (36% of our investment with Olshan and 66% of our anticipated costs due to the solution provided not working). We would like to avoid a lawsuit in this matter, and would hope, in good faith and in light of the fact that they grossly misrepresented their product, that Olshan will comply.
In June of 2016 Joyce A**** met with Mr. ****** to look at his property at *** *** *** Dr. Hendersonville, TN. They asked her to look at the problem of moisture getting into the basement portion of their home, not for a solution to prevent flash flood water from entering his home as he has stated. At no time during *****'s' evaluation of the ******'s home did they discuss the exterior flooding and the magnitude of water ponding outside the new addition. If the ******s had mentioned that their house had been flooding, ***** would not have proceeded with her evaluation since she is very aware that our warranty specifically excludes acts of God including floods.
The conditions Joyce found in the crawl space looked like the typical moisture intrusion when no crawl space drainage system is in place, there was no evidence of flooding nor was flooding mentioned by the ******s. After evaluating the conditions of his home, ***** recommended and gave Mr. ****** a bid to install a basement water management system, and interior crawlspace water management systems in the original existing house and in the new addition. She also recommended and included in the bid a section of French drain in the small area between the original house and the new addition. Mr. ****** decided to only have the crawlspace water management system installed in the original section of his home and not in the new addition. He also selected the basement system and the French drain to be installed between the new and original structures. These systems were installed the week of June 20th ,2016.
On the morning of July 7th ,2016 we received a call from the ******s that their home had flooded. My production manager and I went to their house a few hours after we received their call. When we arrived at their home we discovered that they had had a flooding event. The day before the entire Middle Tennessee area was under flash flood warnings as we received over 5-6 inches of rain in a very short period of time. We found that the water had flooded in the rear area around the new addition at its deepest over a foot of water along the wall next to the driveway. The water had receded by the time we arrived but the high water marks were still evident on the exterior of the house. I have attached pictures of the areas that flooded. In addition, though they did not choose our full repair plan our system installed only in the original section of the house pumped the water from the crawl space. The system installed is working and does work as designed.
Their contractor who built the new addition was at their home while we were out there that day. We discussed with the ******s several factors that looked like they were contributing to their exterior flooding issue; the slope of their and their neighbors' driveways, the slope of the surrounding properties, and the fact that their neighbor beside them had filled in the drainage ditch in the rear of the adjoining properties. We also discussed the fact that the channel drain that the contractor had installed to catch the runoff water was obviously not sufficient to handle the volume of water in a heavy rain or flash flood situation. The fact that this channel drain could not handle the amount of water during this rain event is why their house flooded.
We have addressed and corrected the re-grading of the discharges and filling the low spots with soil back on Monday 8-15-2016.
As previously stated when Joyce originally went the ******'s home there was no mention of exterior flooding, only moisture in the crawl and basement areas. As our warranty states we cannot warrant any work we do against act of God such as flooding. Had flooding been discussed she would have not proceeded with her evaluation of their home. We were asked to provide an interior water management system for their home. We did that and it is working properly. This flooding event was due to a Flash flooding rain event, site conditions surrounding the property, and an exterior grate drain not designed to handle an event of this magnitude. This house had well over a foot of water standing in their driveway next to the house with water pouring the crawl space through the foundation vents and even flooded the garage. This was a natural act flash flood event.
(The consumer indicated he/she DID NOT accept the response from the business.)
The business owner is simply not presenting the truth. My wife and I both spoke with Joyce about the flooding situation and very clearly spelled out that this was the whole reason for seeking out assistance from Olshan. The work mentioned on 8/15/16 was shoddy at best - some dirt brought in, but the discharges were not lowered at all, and grass seed spread in our flower bed which we now are going to have to kill. But that is a minor inconvenience to the amount of money we have had to invest because of a system that was promised to handle a situation which it clearly did not. We are still seeking some sort of financial restitution from the business in lieu of a lawsuit.
Final Business Response
Business would like to offer mediation to consumer.
Mediation offered, consumer declined.