ComplaintsforOlivia Clarke Homes LLC

• Initial Complaint

  09/17/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We closed on our new home in June 2023. Two weeks prior to closing, there was a significant rain, and the builder erected 5 rows of temporary erosion barriers, across the entire length of our acre lot and 3 barriers along the easement, to protect the land from more erosion and to prevent more damage to the home and neighboring yard. We were told that "they were working on it" on at least 6-7 different times by construction manager ***. We noted the barriers pre-closing, post and at our one-year inspection. At about 7 months we obtained a home inspection that was riddled with more significant concerns, again no resolution from the builder, to include the fact our home has two colors of bricks. We were told that we should have obtained the inspection PRIOR to closing and our contracts says we must do everything private and confidential and cannot share anything on the internet or we run the risk of losing our home warranty. So, they built a home, completely neglected the back yard and practically threaten you not to say anything about it. We have obtained multiple quotes for the backyard. The contractors have all been shocked by the condition our yard was left in by the builder. Olivia Clarke Homes erected these barriers pre-closing and waited 2 months post-closing to tell us they were not going to "do anything" with our backyard. They were aware that this lot needed retaining walls and drains but were dishonest with us about working on a solution. The *** we live in wants the fences down and the yard corrected. We have emailed them. No answer. We sent a certified letter. No answer. We are requesting a reasonable solution from Olivia Clarke Homes, which is to remove the barriers they erected, regrade the yard to redirect waterflow from aggregating around the back portion of the home, and a retaining wall. They noted that a wall was needed but did not want to construct one even though this is something they recognized based upon their own work and doing.

  Business response

  10/12/2024

  I am writing to address a complaint submitted by ***** ****** *****, the homeowner at ***************************************** against Olivia Clarke Homes (OCH) to the Better Business Bureau.
  
  The Jonses are claiming that Olivia Clarke Homes did not complete the grade work in their back yard. Olivia Clarke Homes completed the work in their back yard per the homeowners contract and **** scope of work and specifications which the homeowners signed at the time of contract. They also did not include any concerns about the backyard drainage on their Final Acceptance (**) of the home. Below is a snippet of the drainage paragraph in the ** which is initialed by the homeowners.
  
  
  
  The construction specifications state that OCH will install 20 of sod in the back yard. The 20 area is established from the back corner of the home out to 20 in the yard. OCH fulfilled this specification. The remaining portion of the backyard is the homeowners responsibility which was clearly communicated at the point of sale. This same communication was provided to our other *************** this community. The backyard is sizable considering that it is an acre lot. *** also established the grade per the development plat and as dictated by the address specific plot / site plan provided by the survey company.
  
  Out of good will, OCH spent $6,000.00 on silt fence as a temporary measure to help retain any silt from eroding until the homeowners could execute a plan for their back yard, and address the remainder of the lot as their neighbors within the community have done so beautifully. These homeowners have yet to remove the temporary silt fencing or done any work to complete their yard 16 months later.
  
  Knowing that this yard needed to be completed by the homeowner, OCH continued to monitor the performance of the drainage after the home closed. We documented that it had and has performed in spite of the homeowners failure to finish their yard to prevent erosion. Now, the *** and neighbors within their neighborhood are pressuring them to remove the silt fence and finish their yard to neighborhood expectations.
  
  Lastly, OCH met with the homeowners on multiple occasions to discuss the homeowners unfinished backyard and their claim that it was a warrantable claim. There was never any discussion about **** responsibility to install a retaining wall, or a commitment to do any more work on their lot. In October 2023, we offered to remove the silt fence and touch up the area where the silt fence is installed. We gave the homeowners a deadline which was the end of November 2023 to respond to our offer, but they did not accept.   
  
  
  Sincerely,
  
  **** ******
  VP Operations
  Olivia Clarke Homes

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩