Raymond Handling Consultants

Kettle Creek Homes, LLC constructed a new home for Ms [redacted] in 2006/The agreement we entered into called for James Hardie brand fiber cement siding to be installed on the homeWhen the siding work was completed, James Hardie brand siding was not available as the manufacturer had pulled this product off of the marketOur agreement states that; in the event a product has been discontinued, Kettle Creek reserves the right to substitute a product of similar style and quality Certianteed brand fiber cement siding was used as a substituteThe Certianteed siding has the same approximate size, shape, texture and fiber cement content as the James Hardie productIt was also purchased for the same price as we had previously been paying for the James Hardie brandOur agreement provided a 1-year warranty on the siding which expired in Therefore we are not able to provide any reimbursement for work performed on the home that Ms [redacted] chose to have done in or Thank you

Kings Way Homes will honor the warranty agreed to per the building construction agreementOur warranty manager is working with our subcontractors in an effort to complete any open punch list itemsHe will continue to work on this until all items are completeThank you

The book cases in question are exactly the product that was sold and specifiedSeeattached Proposal, General Building Specifications, Plans, and signed selection sheet.The cabinets used for the den are specified as Modernview brand, Liberty Square style,and Dawn Birch color as initialed and approved by Mr [redacted] This is exactly theproduct that was installedAll of this information was reviewed with Mr [redacted] priorto close and move-inTherefore we cannot refund or replace the cabinets.We are planning to repair the water damaged hardwood floorsSee attached proposalfrom our hardwood floor subcontractorThis work will be scheduled and completed thisfallTherefore we cannot refund the cost to refinish the hardwood floors.All other outstanding punch list items will be taken care of in accordance with ourbuilding construction agreementPlease forward any questions or concerns regarding thisto my attention

We are committed to handling any true warranty claims on this projectWe have returned phone calls and will continue to do soWe wish to cooperate fully and handle issues appropriately

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
As we have noted before we have paperwork signed and dated Novthat states they need to notify us of changes. Again, if the have misplaced it we can provide this to themAs previously stated we have contacted James Hardi and they stated "some products could have had a longer lead time, but all of our products were available". Dated March 3rd In case they have misplaced their files. They built a Model home right next door to ours at *** *** *** *** * at the same time our home was built and it was *** at ** *** that pointed out that they also put up that siding but it was Hardi Plank and not CertainTeed. It does have a relevance to our home, since it is obvious that they altered our home to suit their needs, but made sure their model had the Higher quality product*** from ** *** did in fact speak with us as well as our buyers over the phone and also gave my husband the different types of siding and then came out to our home. As previously stated he said that they would not touch any home with CertainTeed anymore unless the entire home was replaced. We were trying to come up with alternatives to replacing all the siding, but even the contractor they use, and per Chris Moll, they are the only installers they use for siding. They may not work directly for Kettle Creek, but Kettle Creek is the one that referred us to them and if they are the only ones they use, they certainly have a vested interest in providing customers the proper information. It is time that Kettle Creek stop hiding behind this and take ownership. We appreciate Kettle Creek pointing out that we need to go through the MBA for arbitration/mediation. Do they want to go ahead and start that process, while we forward everything over to the Wisconsin Dept of Consumer Protection. Thank You, *** *** ***

Please note the followingWhen we installed the siding on this home, it was not defectiveWe would never knowingly install a defective productIt was not until Ms*** recently contacted us that we were aware of this situationWe had no prior knowledge of this situationWe did supply Ms*** with the documentation that we have on file on April 14, which was only a short time after we received the initial call from herThe documentation that we supplied included purchase orders and invoicing from the supplier and installation companyIt also included the brand, type, and quantity of siding originally usedThis is the only information that we have to offerWe believe that the siding was installed in the late fall of but we do not have a specific start and end date for the installationAs noted before, our agreement provides warranty coverage for this home for a period of 1-year post close and the home is years oldTherefore we cannot offer any warranty coverage or additional services at this timeThank you

Kings Way Homes will honor the warranty agreed to per the building construction agreement. Our warranty manager is working with our subcontractors in an effort to complete any open punch list items. He will continue to work on this until all items are complete. Thank you.

Please note that our position remains the same. We are committed to handling all open punch list items in accordance with our agreement. We have installed the book cases in the den in accordance with our agreement. Our agreement calls for arbitration/mediation via the metropolitan Builders Association as the sole remedy for dispute resolution if this remains unsatisfactory. Thank you.

We believe that the siding on this home is CertainTeed Weatherboard brand siding. It was installed by our company approximately 10 years ago. I was notified by the homeowner to take a look at the siding on April 11, 2017. I inspected the siding with the original siding contractor that installed the...

siding immediately thereafter. While on site there was also another siding contractor performing an inspection that was apparently hired by the potential buyer of the home. All of us agreed that there were some issues with the siding product  itself but that the installation of the siding was good. CertainTeed apparently does have a open class action lawsuit regarding any potential issues with this siding product. I recommended that the homeowner contact CertainTeed in an effort to pursue this. Prior to the recent call from the homeowner, we were never notified of any issues with the siding on this home. In addition, we were never given any notification about this product from the CertainTeed Company. There were no issues with this siding when we purchased and installed it and we would never knowingly install a defective product. The building construction agreement that we entered into with the homeowner provides warranty coverage for the siding for a period of 1-year post close. The home is approximately 10 years old. Therefore we cannot replace the siding on this home. Thank you.

The book cases in question are exactly the product that was sold and specified. Seeattached Proposal, General Building Specifications, Plans, and signed selection sheet.The cabinets used for the den are specified as Modernview brand, Liberty Square style,and Dawn Birch color as initialed and...

approved by Mr. [redacted]. This is exactly theproduct that was installed. All of this information was reviewed with Mr. [redacted] priorto close and move-in. Therefore we cannot refund or replace the cabinets.We are planning to repair the water damaged hardwood floors. See attached proposalfrom our hardwood floor subcontractor. This work will be scheduled and completed thisfall. Therefore we cannot refund the cost to refinish the hardwood floors.All other outstanding punch list items will be taken care of in accordance with ourbuilding construction agreement. Please forward any questions or concerns regarding thisto my attention.

This is in response to Ms. [redacted]'s recent rejection. 1. As I have noted before, we were not required to notify Ms. [redacted] of the change in product per the terms of our agreement. Page 4 of our Specifications agreement states that Kettle Creek reserves the right to substitute a product of similar style and quality in the event a product has been discontinued. This was agreed to in writing and signed by Ms. [redacted] on September 1, 2006.2. We have recently spoken with 3 local suppliers and a representative from James Hardie Company and they all concur that the 7-1/4" primed Hardiplank product from James Hardie was pulled from the greater Milwaukee market for several months during the time that we shipped siding to Ms. [redacted]'s home. The suppliers also told me that all of their Milwaukee area builder customers switched over to the CertainTeed fiber cement siding product for a period of time as it was the only product available at that time and it was priced the same as the Hardiplank product. James Hardi then reintroduced the 7-1/4" primed product back into the greater Milwaukee area market at a later date.3. Ms. [redacted] asks about a neighboring home that was built by Kettle Creek with James Hardie brand siding on it. I can only assume that the siding was shipped at a different time frame and not during the period of time that James Hardi product was unavailable.  I am not sure which home Ms. [redacted] is referring to and I do not believe that this has any relevance to Ms. [redacted]'s home. 4. I have spoken to [redacted] from [redacted] and he assures me that he has not made any comments or recommendations that would be reflective or representative of Kettle Creek Homes, LLC. Mr. [redacted] is not an employee or agent of any kind for Kettle Creek Homes. LLC.5. CertainTeed does have an open class action law suit that Ms. [redacted] is able to pursue and may be eligible for some reimbursement from the CertainTeed company if she feels there was an issue with the siding on her home. This class action law suit is open to homeowners who feel that they are having an issue with CertainTeed fiber cement siding.6. Please note that our agreement calls for arbitration/mediation via the Metropolitan Builders Association as the sole remedy for dispute resolution.  Our position on this matter remains the same. We are not able to provide any reimbursement to Ms. [redacted] for work that she has chosen to perform on her home. Thank you.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
My position also remains the same. The material was changed without notice, no drawings were submitted for approval, material was damaged due to poor design before we moved in, and the quality of the design and work is terrible.

Kettle Creek Homes, LLC constructed a new home for Ms. [redacted] in 2006/2007. The agreement we entered into called for James Hardie brand fiber cement siding to be installed on the home. When the siding work was completed, James Hardie brand siding was not available as the manufacturer had pulled...

this product off of the market. Our agreement states that; in the event a product has been discontinued, Kettle Creek reserves the right to substitute a product of similar style and quality.  Certianteed brand fiber cement siding was used as a substitute. The Certianteed siding has the same approximate size, shape, texture and fiber cement content as the James Hardie product. It was also purchased for the same price as we had previously been paying for the James Hardie brand. Our agreement provided a 1-year warranty on the siding which expired in 2008. Therefore we are not able to provide any reimbursement for work performed on the home that Ms. [redacted] chose to have done in 2014 or 2015. Thank you.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
The CertainTeed siding that was part of the class action lawsuit is very specific to a type of siding.  This can only be determined by a number of factors including where it was produced, type and style.  Kingsway purchased the siding and has all the relevant details to see if it is indeed the type that is part of the lawsuit.  Kingsway basically is telling me that I am "on my own" with respect to trying to file a claim.  I don't even have the relevant information needed to file the claim.  Kingsway has not offered to assist in the process which includes detailed required documentation, that as the purchaser and installer of the product, only they would have this information.  I also disagree that they did not know about this situation, as based on numerous inquiries it appears that builders are very aware, and all too quick to "blame" issues on the siding manufacturer.  Why isn't Kingsway stepping up and working diligently to provide me with written confirmation and documentation to support that my siding is indeed part of this class action?  Why aren't they providing me with options to get the siding replaced, by them at a more affordable approach?  I am a reasonable person and more than willing to compromise - can't they pay for the siding, after all they state that is not the install but defective siding they put on my house, and I will pay of the install?  I spent hundreds of thousands of dollars building this home with Kingsway and they are not providing any professional support in this matter.  This type of siding should last at least 20 years - there assertion that the house is ten years old is ridiculous.  Kingsway should be stepping up to offer support to resolve the issue with this significant construction defect.    Attached is a copy of the claim form needed from the siding company, please note that as a consumer, I would not have the information that is required to file a claim.  Plus since Kingsway never notified me until I brought it to their attention, my ability recoup any funds are significantly diminished.  I am not in the construction industry, and would have no way to know how to proceed.  It is my belief that Kingsway should be stepping forward to do the following (1) Providing me with assistance in pulling together all of the information needed to file a claim (documentation of defects, amount of siding used, pictures, professional opinions in writing, etc...), (2) offer to compromise with a reasonable solution to get the siding replaced in an affordable option.  Legal action can be avoided if they would be willing to stand behind their construction and provide the level of service and professional care warranted when building a home that is only 10 years old.Thank you in advance for your time and consideration of this financially devastating issue.
Regards,
[redacted]