Steps for Dispute Resolution with Builder

[AriaGrandparents2013]

Seeking advice on steps for resolving surface drainage issue. Contractor/builder has rendered opinion that we, as home owners, dispute.

Where do we go next within The Villages to seek another opinion?

[buggyone]

You will have to hire a qualified independent construction engineer to look at the situation and write a report on the drainage issue. You may then take that to arbitration.

It will not be a cheap solution by any means and will likely be drawn out. Maybe a quicker way to fix the drainage issue is to have a few truckloads of dirt put in there yourself and hire people to slope it correctly. You also may need French drains installed.

In either case, I would hire an independent expert to oversee what is to be done.

[collie1228]

I spent an entire career as a contract manager for a Fortune 500 corporation and I would ask you the same question I've asked a hundred engineers seeking similar information - "What does the contract say?" I am sure there is a disputes process described in detail in the contract you signed for your home. If you can't understand the legalese in the contract, take it to a real estate attorney. In my experience in NY, most attorneys won't charge you for an initial consultation. Not sure if that's true in Florida.

[Bogie Shooter]

Seeking advice on steps for resolving surface drainage issue. Contractor/builder has rendered opinion that we, as home owners, dispute.

Where do we go next within The Villages to seek another opinion?

Other threads on this issue.
https://www.talkofthevillages.com/forums/landscape-talk-129/kgl-landscaping-french-drains-110437/
https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/countryside-path-yard-always-wet-96866/
https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/flooding-between-our-kissing-lanais-83046/
https://www.talkofthevillages.com/forums/contractors-services-91/rain-water-flooding-my-side-yard-54913/

[graciegirl]

Having it fixed? Five hundred bucks. Priceless.


Hiring a lawyer. Little more than that. Is home under warranty? If it is they'll fix it but deal with warranty anyway. Not contractor/builder.

[Cathy H]

I suggest you meet with a civil engineer on your site to review the problem and get his opinion in writing. If he says there was an error in grading the site, you can speak to the builder, and then if necessary the County permits department for satisfaction (i.e. repair).It should have been built right in the first place. The engineers fee may be about $300.

[mulligan]

Seeking advice on steps for resolving surface drainage issue. Contractor/builder has rendered opinion that we, as home owners, dispute.

Where do we go next within The Villages to seek another opinion?

I would contact the county building dep't., and speak to whomever did the engineering inspection. This is part of the final inspection for the certificate of occupancy.

[Bonanza]

Seeking advice on steps for resolving surface drainage issue. Contractor/builder has rendered opinion that we, as home owners, dispute.

Where do we go next within The Villages to seek another opinion?

Is your house under warranty?
If so, you shouldn't have a problem getting the issue taken care of.

If you purchased a resale, you should have received
a "Seller's Disclosure" from the previous owner.
There is a clause in it for standing water (verbiage may be different).
Issues with a property MUST be disclosed, by law.
Therefore, if your property is a resale,
you can go back to the prior owner for satisfaction.

[suntouched1130]

HI. Are you on Countryside Path in Village of Charlotte? Is your property with the lake in the backyard? We bought on Countryside Path in March.

[yabbadu]

I am aware of many people who have drainage issues that the warranty dept. and builders will not fix.
Possibly putting out a thread to start some type of class action as a group might get the ball rolling.

Good luck!

[CFrance]

Sue, sue, sue..................................

You know, if people did their jobs properly and stood behind their work and fixed their errors without delay or making the customer jump through hoops, there would be no need for lawsuits.

[Bogie Shooter]

I know of several people who had a drainage problem and Home Warranty fixed the problem..............at no charge.
Sometimes the devil is in the details.

[AriaGrandparents2013]

I met today with contractor who completed grading of lot. Today's meeting was with the supervisor. I had three previous meeting with contractor representative who addresses issues raised by property owner and these meetings did not go well. Today's meeting went well however no resolution reached and he indicated that the ultimate decision whether to address drainage issues rested with Builder.

I tend to believe that May not be entirely true and will continue to pursue.

[graciegirl]

I know of several people who had a drainage problem and Home Warranty fixed the problem..............at no charge.
Sometimes the devil is in the details.



Me too. And usually it isn't an expensive fix. A little grading, a French drain and some new sod. They do it in their sleep down here. Easy Peasy.

[redwitch]

I've known homeowners who got things fixed by the builder -- sometimes nice and easy, sometimes a long, drawn-out process with bad feelings on at least the homeowner's side. I've known homeowners who never got their drainage issues resolved -- some gave up and paid to have French drains installed themselves. It isn't always easy to get things done even when the repairs are obvious and "easy peasy", especially when it comes to landscaping/ground/irrigation issues.

[MoeVonB61]

Try the POA for results with a class action lawsuit.....the President is "well connected" and their recommended Lawyers have had success....President is former Union Leader....:)

[mulligan]

A homeowner with a puddle is not a "class " action.

[graciegirl]

I've known homeowners who got things fixed by the builder -- sometimes nice and easy, sometimes a long, drawn-out process with bad feelings on at least the homeowner's side. I've known homeowners who never got their drainage issues resolved -- some gave up and paid to have French drains installed themselves. It isn't always easy to get things done even when the repairs are obvious and "easy peasy", especially when it comes to landscaping/ground/irrigation issues.


Two homes within my view had drainage problems and they were fixed, even after the warranty was up. At the expense of the developer.

[AriaGrandparents2013]

Two homes within my view had drainage problems and they were fixed, even after the warranty was up. At the expense of the developer.

The ironic thing is that my next door neighbor as well as the the two home next to him had a drain lines installed and their drainage issues were not as bad or as complicated as I am experiencing. They however had a different builder. I am using this as a precedent has been initiated in the neighborhood and the solution is obvious.........just look next door!!!!

Stay tuned.

[CFrance]

The question that hasn't been answered is... is your house is less than a year old, and if so, have you contacted Home Warranty about the problem?

I know they want you to try to work it out yourselves first, but when we kept being stalled by the slider people about scratched windows, we finally called HW and said Look, we tried. Now you need to take over.

They did, and the problem was fixed.

[Bogie Shooter]

Try the POA for results with a class action lawsuit.....the President is "well connected" and their recommended Lawyers have had success....President is former Union Leader....:)

Class action for a poor drain is a big stretch.

[AriaGrandparents2013]

The question that hasn't been answered is... is your house is less than a year old, and if so, have you contacted Home Warranty about the problem?

I know they want you to try to work it out yourselves first, but when we kept being stalled by the slider people about scratched windows, we finally called HW and said Look, we tried. Now you need to take over.

They did, and the problem was fixed.
We are at the one year mark.......and we raised this issue in September 2013 and again in March 2014 when we retained a Professional Home Inspection service who submitted a formal report to the Warranty Department.

Stay tuned.

[Bogie Shooter]

We are at the one year mark.......and we raised this issue in September 2013 and again in March 2014 when we retained a Professional Home Inspection service who submitted a formal report to the Warranty Department.

Stay tuned.

Have you personally talked to anyone at Home Warranty?

[CSwofford147@comcast.net]

What if a property is uninsurable does that have to be disclosed not under florida state law.

[CFrance]

What if a property is uninsurable does that have to be disclosed not under florida state law.
What does this have to do with the OP's problem?

[Villageshooter]

u can get this resolved in about 45 mins,,, just show up at the sales office with a picket in ur hand, stand outside, make sure ur on the sidewalk,, believe me , the morrises will send some minion out and ask u to come inside they will resolve this, and no u shuld not have to pay for there ongoing shoddy workmanship! who knows u culd have the start of a sinkhole! if they dont resolve it continue showing up at the sales office ,,, dont be bullied! keep us posted!

[AriaGrandparents2013]

Well here is what happened........the builders representative came and met me with me on site. He was basically humoring me as he had no intention of addressing the drainage and said so after listening to me describe the issue. He was a bit arrogant in his attitude and indifferent. Subsequent to this meeting I developed a health issue that required me to return to Massachusetts to address.

So at this point the builder feels like it's been resolved.......am scheduled to return to The Villages in September and am not sure whether to continue the "fight". Any suggestions?

All comments appreciated.

[graciegirl]

I am aware of many people who have drainage issues that the warranty dept. and builders will not fix.
Possibly putting out a thread to start some type of class action as a group might get the ball rolling.

Good luck!


We had three minor drainage problems in our village of 53 homes and The Villages fixed them, spit-spot. Go to WARRANTY. Warranty is the boss of all contractors. The builder builds the house, it is the person that graded it who needs to be focused on, and warranty can do that....Don't spend money on a lawyer for an inexpensive fix. WARRANTY will get it done.