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Complaint Details
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Initial Complaint
01/23/2023
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
We closed on our home in May 2022, since then it has become apparent that we have issues with drainage (our property backs up to a creek with a drastic drop-off). We also have issues with cracked concrete in our driveway, garage and sidewalks (which has been evaluated by a reputable concrete company and said it needs to be torn out and replaced because of faulty concrete/workmanship). We believe some of the concrete issues are from lack of proper drainage as well. When we have approached the Caledonia's representatives regarding these issues, we have been told that the concrete is not bad enough to address and the drainage issues have been caused by us installing a pool, none of which is true. We have photos that prove what the yard looked like at closing and what it looked like throughout the entire process of installing a pool and fence around our yard. The large drop-off in the back yard is increasingly getting worse and encroaching into our yard and about to take our fence out. Caledonia's response has been to throw some grass seed and hope that helps. This is unacceptable. This issue needs to be taken seriously and remedied by Caledonia, as I stated above we are still under our warranty period. I believe they are trying to drag this out until they are no longer liable or trying to pass their faulty workmanship onto someone else. I would like this problem to be corrected by Caledonia and/or I can hire someone else to fix the problem and Caledonia can reimburse me for the money I am out to correct these issues. I am attaching a photo of the main area of concern a few days after we closed (which the builder, has stated that there was vegetation and trees there that we have removed, which is not true). And then another photo as of today of what that area looks like. As you will see, we have not eliminated any trees and have put down sod, grass seed, tried to change the flow of the water by adding in a dry creek bed and building up the area, to no avail.Business response
02/03/2023
Shay
Representatives of Caledonia Builders conducted a site visit at 125 Soaring Wing on January 25, 2023. Typical grading on large acreage lots is to follow natural grade outside the area of disturbance, which is what Caledonia did. After viewing the site from several vantage points, it is the opinion of Caledonia Builders that the erosion is occurring from below, rather than from a defective grade as the ******* claim. Further proof of this is that the ******* state that they have diverted water away from the contentious area with a decorative rock swale. If there is significantly less water running into this area, how can it be the cause of the erosion. The ******* installed a pool and decking, in doing so, they cleared additional trees and underbrush to install grass and a fence.
Caledonia wants our homeowners to be happy and we will repair/replace any warrantable item during the warranty period. However, we cannot be held responsible for natural processes that are outside our control.
Thanks
***************
Caledonia Builders
Customer response
02/10/2023
Complaint: 18868524
I am rejecting this response because:Two representatives from Caledonia came out and inspected the items in question. ****** and ***** (construction managers) both said that they were at a loss as to what to do about the erosion in question. They also both admitted that what we had done to try to prevent further damage was a good thing (the dry creek bed). They then said that their boss was an erosion expert and they would have him come out to take a look and try to figure out a solution. A few hours later is when we received the reply from *************** via the BBB. This reply is totally inaccurate in the fact that when we installed a pool and decking that we cleared additional trees and underbrush. As clearly seen in the photos that were submitted previously, the sod that Caledonia laid did not even go to the edge of the place in question and the trees that were there then are still there now(two small trees). Additional trees and underbrush were not removed mainly because we did not need to remove anything additional in order to install the pool or fence as neither went back far enough. The photos clearly show this.
A few days later, Caledonia representative, ****** did come back by and spoke to ******, my husband regarding ***'s premature response. A few days later we received a call from an erosion specialist that is supposed to come by February the 20th for an inspection. We will see what happens with this meeting in order to move forward.
Regards,
***************************Business response
02/13/2023
The customer is correct that we didn't sod all o the way to the edge of this area. The limits of the sod is clearly spelled out in our included features that is an exhibit to the sales contract. I have been mis-characterized as an erosion expert. Neither I or any Caledonia employees made that representation; the representation was that I've been developing land for nearly 20 years and am familiar with the process. I am not a civil or structural engineer. Any time I've developed land, we've hired engineering experts to provide engineered plans.
Caledonia will ensure that any warrantable items the customers is concerned about is remedied as quickly as possible. We will not however accept any liability for items that are not warrantable and outside the limits of our construction activities.
Customer response
02/25/2023
Complaint: 18868524
I am rejecting this response because: We are not debating the education of the owner, nor do we care about his expertise. We would just like someone to be sent out that has the expertise to address and offer a solution to the issue of the erosion that we are dealing with. We are trying to avoid a bigger issue if the erosion continues and causes major damage to our property, *************. I would hope that the home builder would want to mitigate these issues as well.In response to the comments recently made, we have never disputed the amount of sod that was provided. It was the original grading of the yard to the area that has eroded that we believe has been a root cause of the current erosion problem. The current grading was part of the builders drainage plan according to the builder representative that visited our home.
As to the characterization of the owner as an erosion expert, this was how the background and areas of specialty were described by the builders representatives during their last visit. To be clear, they stated that the owner had a hydro-engineering background or something related to water flow, and had extensive knowledge of water drainage and similar issues. They continued to state that he would be the person that would have a much better knowledge of this issue and possible solutions due to his expertise. To a non-expert such as myself, this would qualify as an erosion expert. I hope this clarifies why and how I arrived at the label erosion expert.
We were told during the last visit that the owner of Caledonia would be contacted, and due to his expertise (as described above) would be asked to visit the site. The representatives stated that he, because of his background, would be much better qualified to speak to the issuewhich is erosion. This plan of action was confirmed when the builders representative came by again regarding the driveway concrete and other drainage issues near our garage/septic and propane tank.
When contacted recently by an engineering firm, we thought this was to come examine the erosion issue. Upon his arrival, he shared he was there to look at foundation issues, not the erosion issue.
Two different times we have been told by Caledonia representatives (****** and *****) that the owner would be contacting us about coming out due to his expertise as described above. We have heard nothing on this matter and instead, read his reply that seeks to clarify his technical background. It is very disappointing and frustrating that this was his chosen response.
Our position remains that the original drainage plan for the yard was a key part in worsening the erosion in the back yard. As he has admitted, our work has helped to reduce it, but not eliminate it. It is our hope that rather than debating the technical definition of his background, he will do what his representatives thought was the best next step, that being to come see the situation, meet with us and find a way to fix the situation.
Regards,
***************************Business response
03/14/2023
We have inspected the items at ******************* residence. Those items that are deemed warrantable have either been taken care of or are scheduled.
Regarding the drainage issue, I was on a face time call with Caledonia representative while the issue was being inspected. Whether or not I visit the residence has no bearing on the issue at hand. Any erosion that is taking place is outside of the disturbance envelope and not warrantable. Additionally, at no time did a Caledonia representative indicate that Caledonia would ask an engineer to look at the issue. Caledonia did ask an engineer to look at cracks in the garage concrete.
Thanks
***************
Caledonia Builders
Customer response
03/16/2023
Complaint: 18868524
I am rejecting this response because:Let me start by saying a few things that I agree with from **************** reply. Yes, items have been inspected by Caledonias representatives, ****** and *****. An engineer did look at our foundation and garage. A driveway item has been repaired. Some work has been done on drainage connected to the driveway. This is not finished, and it has been a week since anyone has shown up to complete the work and we havent heard any updates since Friday, March 10th from ****** saying that he was checking to see when it could be completed. I will attach photos of what has been done thus far, which doesn't seem like much to change drainage issues, to be honest.
Mr. ***** statement contains items that we did not address, as well as, what I will characterize at this time, as simply errors. First, not all items have been scheduled, if so that has not been relayed to us. The drainage repair next to driveway is not finished, and as stated above, our efforts to get updates or dates when it will be done have been unanswered.
Second, there is additional drainage issues resulting from the grading that flow from the driveway near the propane tank/septic tank. This was identified and acknowledged by Caledonias representatives as something they would fix. We have heard nothing further, despite being told we would have updates. So, ************ is not correctnot everything has been taken care of or scheduled.
Regarding his other statements, we did not state that we were promised or told that an engineer would examine the erosion occurring at the back of the lot. We were told that ************ had a hydro-engineering (or something that effect) background and would be better qualified to look at what could be done by the representatives that came. They said they would ask him to come by to take a look at this situation. That is what I stated in the previous notes, and not what ************ is claiming. We hoped that as the owner of the company, and with (according to his representatives) a background in the flow of watersomething along those lines, he would have taken the few minutes to do so. His statement that he Face-timed with his employees is news to us and was never shared with us at any time.
His reference to the disturbance envelope is something I am not familiar with. If by this he means is outside where his company performed grading and work on the lot as part of building our home, this is incorrect and can be proven by photos taken during the construction process. His project manager specifically told **** that they directed the flow of the water on the lot to this area, which was changed by their work on the lot, as they thought this would be a better natural flow. We hold our position that the grading done by Caledonia is a direct factor to the erosion occurring at the back our lot.
My hope is that ************ will address the issues at hand, and not continue to try and say things have been handled when they have not. In addition, I would ask that he read our communications carefully and address the items raised, not answer them with items that are not what we said, or are that contradict what his representative stated.
We are looking for help in resolving the issues, and as of today, one has been resolved(the concrete on the driveway), others remain unfinished, unscheduled and/or unacknowledged.
Sincerely,
****** and ***************************
Business response
04/10/2023
We have inspected the items ******************* submitted under her warranty and we are addressing/rectifying the warrantable items.
The erosion is happening downstream from any surface drainage from the from the lot and is therefore not warrantable.
Thanks
***************
Caledonia Builders
Customer response
04/11/2023
Complaint: 18868524
I am rejecting this response because:I would agree that Caledonia is addressing and working on rectifying SOME of the items that were in question. However, the main issue is the one that they are trying to avoid responsibility for.
I'm not sure what he (************) means when he states that the erosion is "happening downstream from any surface drainage". The erosion is happening in my back yard which is clear from the photos that I have attached previously. These areas are now worse and need to be addressed quickly, especially since Caledonia's representatives have already told us directly, that they graded the yard to drain in the exact spot that we are having the issues/erosion. We would like this, the main issue, addressed and resolved by Caledonia. This issue has NOT been resolved or rectified by Caledonia.
We really don't want to have to pursue this legally, but certainly will if this ridiculous back and forth continues.
Regards,
***************************
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Contact Information
1701 Hur Industrial Blvd
Cedar Park, TX 78613-7229
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1 total complaints in the last 3 years.
0 complaints closed in the last 12 months.