My property was damaged by Creative Homes sub-contractors in 2013 while building a house at XXXX-XXth St.Creative Homes refuses to repair the damage.
Creative Homes built a house at XXXX-XXth St., next door to the east of my residence. During the construction, damage was done to my property. After contacting the building superintendent for Creative Homes, some of the damage was repaired. At one point, I talked to the owner of Creative Homes, *** ******, about the damage. This was in November of 2013. He told me to wait until the construction was complete to see if the damage was repaired. The remaining damage has not been repaired and according to the new superintendent, ****** ******* the owner of Creative Homes, *** ******, said that Creative Homes will not repair the remaining damage. Mr. ****** told me that I would have to get my original landscaper to repair the damage. I've called requesting to speak to Mr. ****** since talking to Mr. ****** and Mr. ****** has never called me back. During the construction process a retaining wall between the two properties had to be built. The concrete sub-contractor for Creative Homes dug out approximately a four inch wide strip of my sod along the east side of my front yard when setting the forms. When the forms were removed, there was a large gap left where my fescue sod was dug out by the sub-contractor. Several sprinkler heads were left exposed due to no dirt being left around them. I talked to the superintendent at the time, ****** ******** about the damage. After many weeks, he had some landscape personnel come look at the damage. They filled in some of the dirt and promised to be back on the following Friday to replace the sod. They never returned with the sod. Now, the dirt has settled and at least one of the sprinkler heads is exposed again. Also, damage was done in a rock area on the east side of my house during the form setting process. The weed block that was under the rocks was damaged and is exposed. Neither the damage to the sod or the weed block has been restored to the their pre-construction state.I have video documentation of the damage. My property needs to be restored to its pre-construction state, but Mr. ****** and Mr. ****** refuse to repair the damage that was caused by their company.
I want my property restored to the state that it was in prior to Creative Homes personnel damaging my property. This will include replacing the dirt and fescue sod that was removed during the form building process. Also, the damaged weed block needs to be replaced along with the necessary Spanish well rock needed to re-cover the damaged portion of weed block.
In response to Activity Report Case #XXXXXX, Mr. ******* had a retaining wall on the property at XXXX XXth. He removed the wall after seeing it was not on the property line after the survey of the Creative Homes' lot was completed. The wall was replaced by Creative Homes at no cost to him. The concrete form that was placed to set the wall correctly on the property line exposed approximately 2" of dirt where his sod was. The area has been leveled and cleaned of any concrete debris and the grass will grow in now that spring watering has begun. As for the rock and weed block that Mr. ******* is claiming was damaged; firstly, we did not build on the east side of his house. Secondly, for the rock that is on the west side where we built, the rock and weed block was damaged during removal of the retaining wall he took out, not the one we placed correctly. Creative Homes has gone to great lengths to accommodate and appease Mr. *******, even replacing all of his window screens and cleaning the west side of his house where he claimed other damages.
(The consumer indicated he/she DID NOT accept the response from the business.)
My property did have a low concrete barrier, not a retaining wall, part of which was not on my property. The barrier was about one inch deep in the soil and it was even with my sod. It was several inches higher than my rocks. I removed the part that was not on my property as I told the home buyer that I would, even though she told me there was no need. The remaining portion of my low concrete barrier was on my property and was removed by a Creative Homes subcontractor. The rocks and weed block were damaged at that time. Even the drip system around one of my ***** was damaged and had to be repaired to keep water from spraying out through the damaged pipes.Creative Homes would have you believe that they did me a favor by a putting in the new retaining wall, when in fact, they were required to because the lot they were building on is much higher in elevation then my lot. A **** of ******* building inspector told me this prior to the retaining wall being built. ****** **************** Homes Superintendent, had asked me to call him prior to my remaining concrete barrier being removed. He explained that Creative Homes was required to build a new retaining wall to keep water from flowing onto my property from Creative Home's property. He explained that Creative Homes would remove my remaining concrete barrier, which was holding in my rocks, and build the new retaining wall as required. None of my sod was on Creative Homes property, even though it was dug out by the Creative Homes sub-contractor during the form building process. I have video evidence that more than two inches of sod was removed. Creative Homes is correct that they did not build on the east side of my property. They built on the west side of my property. I made an error in my original complaint, as I was referring to the east side of the house that Creative Homes built. Creative Homes is well aware that the damage is on the west side of my property, not the east. I made an error in my original complaint and should have proof read it before submitting it. It's clear from the complete complaint that my residence is at XXXX-XXth and the house built by Creative Homes is at XXXX-XXth. However, a mistake in my original complaint does not relieve Creative Homes from their responsibility to restore my property to its condition prior to them building a house at XXXX-XXth. Fescue grass does not run and fill in as Creative claims in its response. The replacing of the window screens and the cleaning referred to by Creative Homes as an attempt to appease me was done because when the retaining wall was poured, cement/concrete was splashed on the screens, the brick, and the fascia. Mr. ******** the superintendent at the time, tried to clean the screens and informed me that they could not be cleaned so they would have to be replaced. I had not asked for them to be replaced, if they could be cleaned. Mr. ******* had the screens replaced because of the irreparable damage done to them by the splashing cement/concrete. Creative Homes has gone to great lengths to avoid restoring my property instead of going to great lengths to appease me. I'm not wanting anything from Creative Homes, other than for them to repair the damage that was done to my property when they built the house at XXXX-XXth.
Final Business Response
With Mr. ******* I just spoke to my landscaper, ***** with ***** ***** who did the repairs and talked directly with Mr. ******* months ago. **** is going to stop by this week and take another look to make sure on the work he did that nothing has washed away and needs additional maintenance.
As for the wall that was there it was our understanding when bidding out the home the wall met code. The only reason we have down it was redone was because it was on our customers property and removed by Mr. *******.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I did talk to the landscaper ****** or ***** months ago as indicated by Mr. ******. I was told by **** that he would be back in a few days, on the upcoming Friday, to put down some fescue turf to complete the restoration of my yard. He mentioned there would be left over pieces of sod from another job he was completing on Friday. He never returned, now some of the dirt that he used to fill in the gap where my sod had been dug out by the Creative Homes concrete sub-contractor washed out re-exposing some sprinkler head pipes. I have since purchased soil and packed the soil around the exposed sprinkler head pipes. The soil needs new sod placed on it to hold it in place, as **** and I discussed in our previous conversation.
In reference to the retaining wall, I had a landscape company install a concrete barrier for landscaping 11 years ago. At that time, I did not realize the concrete barrier was built on the vacant lot next to my property. When a home was finally being built on this lot I voluntarily removed the concrete wall since it was poured incorrectly on the vacant lot. Regardless of the reason Creative Homes built the retaining wall, they have an obligation to restore my property to the condition that it was in before it was damaged by its sub-contractors.
In regards to the rocked area on the west side of my residence, there remains exposed dirt and weed block material that was not that way prior to Creative Homes building the retaining wall. Again, I believe Creative Homes has an obligation to restore my property to condition it was in when they started building next to my property.