Saide and Associates

Dr*** *** purchased a home from Saide and Assocpursuant to a written contractPursuant to that contract, paragraph 22, he is required to mediate any disputes and then arbitrate them if mediation is not
fruitfulThe written contract has very clear mandates for dispute resolution and prohibits any others not set forth in the contractBy filing this complaint, he has breached paragraph of the purchase contractDr***'s Revdex.com complaint is further flawed because he did not purchase construction services from the SellerHe purchased a house in "as is" condition as set forth in paragraph of the contractHe therefore has no right to demand repairs or punch list itemsHe claims to have consulted the building plans, but has not consulted any of the revision sheets, and clearly does not understand the concept of discretionary items such as interior door handles, screens and stucco colorsNor does he understand that such things as landscape weed barriers are not part of the building plans at allRegardless, Dr*** signed a written contract that controls this dispute and we shall hold him to it

Review: This company sold us a new house. They bought an old house in a nice neighborhood. They demolished the old house and built a new house on the existing foundation.They encouraged us to move into the house with some unfinished work. We agreed to move in after signing a contract that specified that all unfinished work will be completed within 30 days of close of escrow. We closed escrow on 6/1/2015.As of today (over 60 days after close of escrow) several items are incomplete. Moreover, we discovered several hidden construction problems after we moved in. Many of these problems are a direct result of the company cutting corners and failing to follow the Building Plans filed with the Sacramento County. The company refuses to correct these problems.The following is a partial list of fixes that need to be done:1. The CRAWL SPACE needs to be fixed to the planned specifications with an ACCESS WELL and a door screen.2. A WORKING Drain needs to be placed for the downspout next to the crawl space.3. The backyard drains need to be drained to the front (per the building plans).4. The patio cover needs to be constructed as planned (279 square feet)5. WEED BARRIER cloth needs to be installed for all the landscaped bark areas.6. The front porch stucco wall (around electric socket) needs to be matched in color and texture with the rest of the wall. 7. The front walkway concrete was incorrectly prepared. It need to be replaced.8. The concrete coloring and stamping is completely different from what was promised. We demand a partial reimbursement for the concrete-related items.9. The concrete connecting the driveway to the street was incorrectly formed. This should be corrected.10. A timer should be placed on the Garage light (per plans)11. The downspout and drain in the a) Front left pillar and b) patio should be moved.12. All the interior door handles are slightly mismatched in color/style. This should be corrected.Desired Settlement: We want the company to complete/fix the construction problems as stated in the complaint description. Furthermore, we want reimbursement for faulty work (concrete) and non-rendered services (we paid for plywood to be used in attic storage space and a garage header that was not installed).The company eliminated or downgraded several items that were in the building plan (that we paid for). We want reimbursement for the cost difference of these items.

Business

Response:

Dr. [redacted] purchased a home from Saide and Assoc. pursuant to a written contract. Pursuant to that contract, paragraph 22, he is required to mediate any disputes and then arbitrate them if mediation is not fruitful. The written contract has very clear mandates for dispute resolution and prohibits any others not set forth in the contract. By filing this complaint, he has breached paragraph 22 of the purchase contract. Dr. [redacted]'s Revdex.com complaint is further flawed because he did not purchase construction services from the Seller. He purchased a house in "as is" condition as set forth in paragraph 11 of the contract. He therefore has no right to demand repairs or punch list items. He claims to have consulted the building plans, but has not consulted any of the revision sheets, and clearly does not understand the concept of discretionary items such as interior door handles, screens and stucco colors. Nor does he understand that such things as landscape weed barriers are not part of the building plans at all. Regardless, Dr. [redacted] signed a written contract that controls this dispute and we shall hold him to it.

Consumer

Response:

I am rejecting this response because:We did not purchase this house in an "as is" condition. The author of this response (lawyer representing Saide and Associates) does not seem to be completely knowledgeable about this situation. We have been actively participating in the construction of this house since November 2014 (i.e. selecting flooring styles, choosing upgrades, tiles etc.). We have been exchanging emails with the the Building Project Manager on a near daily basis for several months. We paid for all the construction and upgrade items... we expect these to be in satisfactory condition for a new construction. Mismatched door handles, mismatched stucco and the overwhelming number of building flaws are unacceptable.I have reviewed all the building plans and revisions that have been approved (housed at the Sacramento County Department of Community Development). Items such as the CRAWL SPACE/ACCESS WELL and the backyard drainage are part of the building code and cannot be eliminated by revision.We want the company to complete/fix the construction problems. Also, we want reimbursement for any and all non-rendered services.