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Complaint Details
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Initial Complaint
08/21/2023
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
Builder took so long to build home that our construction loan was in danger of losing our low interest rate (loan was initiated in 12/2021 for 18 month build - had to pay for 2 month extension). As a result, we reluctantly had to initiate releasing the last 10% for draw payment so as not to lose interest rate. At the time of fully funding the loan, our home had no working water heater for half of the home. 10 days later we still have no working tankless water heater and the builder has not responded to our requests to have this completed. Initially they stated the plumber would be by on three different occasions, but the plumber no showed all three times. We cannot occupy the home due to no hot water for Laundry, Kitchen and 2 bathrooms. We have communicated our availability for the plumbers to come finish the hot water heater install, but no response from the builder. We want this issue fixed immediately and cooperation from the builder to coordinate our schedule and the plumbers schedule - given we cannot inhabit the home still.Business response
08/21/2023
The customer’s home construction took 18 months due to the exorbitant amount of changes the customer requested throughout the build. At the customer’s pre-construction meeting alone, we had over 85 changes and the plans had to be redesigned before the field could move forward with construction. As the builder we did everything we could to move her home and get it to substantial completion for her loan. We did meet the bank’s deadline and passed inspection. Following the inspection, this client took possession of the home prematurely without a final buyer walk and appropriate paperwork signed. She changed the locks and prevented access from our building team and trades.
We have attempted in the last week to access the home and finish any pending work 3 different times regarding the plumbing. On Friday 8/18/23 our plumbers arrived and there was a third-party plumbing truck on site doing work.
We have tried to communicate in writing, text, email and phone with this client to help her understand warranty and taking possession of the home early. We want nothing more than to resolve the final punch items in the appropriate manner assuming the client has not already voided the warranty by using outside contractors.Customer response
08/22/2023
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.
The build took over 20 months and would have gone longer if the low loan interest rate wasn’t going to expire and we had to accept the condition of the home to keep that interest rate. We had a third party plumber onsite doing our own independent inspection of the builder’s work - given we do not have a working water heater for half of the house (and still don’t). Custom Plumbing did not announce their presence and if showed up as claimed by builder, they sure didn’t stop and get out to address the non-working water heater they were to fix. Our plumber only conducted an inspection (allowed by our sales contract) and changed out faucets that we wanted changed AFTER we closed the loan. We still have a temporary bath tub that the builder put in to pass inspection and a non-non working utility sink - all that the builders plumbers know about and are to rectify. None of which has been done. As for other reasons this home was delayed: 3 different project managers were assigned to this home (after the previous one was fired), as long as four weeks went by with NO work done on the home (but many complaints to our PM about this), and last minute major work done just days before inspection (ex: gas hook up to home 3 days before inspection, but propane tank had been installed nine months before then). An internal gas leak was found at the time of hook up and magically the builder had every trade out there the night before inspection to frantically get it fixed to pass. So they could get their last $100k.As the original complaint stated, we do not have hot water to half of our house and now they sent an electrician (on Monday with no notice to us) to evaluate the water heater and then proceeded to ask US if we ordered the missing parts? We still cannot occupy this home because we don’t have a back flow test the HOA requires for Certificate of Occupancy and has been conveyed to Sierra Classic on HOA mandated inspections for the past three weeks. Sierra Classic agreed to these inspections when they applied to build in our neighborhood. All approved builders are subject to them.
Regards,
Shaun and Hilary *******
Business response
08/24/2023
We have previously responded to the construction timeline delays in the initial response. In addition to the number of changes the client was in violation of contract on many different occasions by interfering with Builder’s trades and suppliers. The customer was notified in writing multiple times that these actions were going to cause delays and disruption of the building schedule and to stop and the customer chose to ignore these requests. (Picture Attached)
Please see Paragraph 14 Item G of contract below:
14. OWNER’S RESPONSIBILITIES:
G. SUBCONTRACTORS:
Owner agrees not to instruct, direct, or otherwise communicate with the subcontractors retained by Builder as to the scheduling of or details about the Work (including additions to or deletions from the Work). Furthermore, Owner shall not do or cause any work to be done or alter or cause the alteration of any portion of the Improvements, whether complete or incomplete, prior to Owner’s occupancy of the Improvements without Builder’s prior written consent.
Regarding the water heater and the electrician, we did not instruct our electricians to touch the water heater, so we are unsure why the customer had any conversation with them about it.
The builder currently has still not been able to conduct the Final Customer Walk-Thru Approval and Punch List inspection to inspect the water heater status and other final punch items. A Final Walk-Thru was finally scheduled for 8/24/23 and the buyer canceled the day prior. This is a direct customer violation of contract.
Please see the Paragraph 15, Item A, Number 3 Below.
15. DEFAULT BY OWNER:
A. EVENTS OF DEFAULT BY OWNER (each is an Owner Event of Default):
3) Owner fails to participate in the Final Customer Walk-Thru Approval and Punch List inspection.
The customer and builder have now rescheduled the walk for 8/25/23 and we plan to have the plumber come at the same time to resolve the water heater issue if there is still one. By the customer taking possession of the home prematurely and waiting to schedule the Final Customer Walk-Thru Approval and Punch List inspection we have been unable to complete the final punch list through the normal contract process.
Regarding the utility sink not working, it was not on previous inspections reports for us to be aware. If we were able to conduct the Final Customer Walk-Thru Approval and Punch List inspection and go through the normal process to find it not working this would already be on our list to take care of and/or would have been completed.
Regarding the backflow preventer and neighborhood inspection, the builder has repeatedly informed the client that the builder’s backflow preventers are properly installed and passed inspection. It is the customer’s third-party pool company, that the customer hired directly who failed the backflow preventer inspection and is holding up the customer’s home from passing. There is nothing for the builder to do with this item. (Picture Attached)
In no way are we as the builder trying to not complete punch items, we are simply asking the customer to follow the contract procedure so they can be identified and scheduled as best as possible now that the customer has chosen to take possession of the home. This complaint continues to go on about items that are not in dispute of being completed by the builder. The only item holding up completing items is the customer scheduling of the Final Customer Walk-Thru Approval and Punch List inspection.
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Customer Complaints Summary
2 total complaints in the last 3 years.
2 complaints closed in the last 12 months.