Complaints

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• Initial Complaint

  Date:11/09/2024

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

   
  Complaint: 22535573
  
  I am rejecting this response because:

  Two separate structural engineers indicated that the foundation was improperly designed and constructed for the soil type and weight of the structure, not to mention 5 different foundation repair companies that were perplexed by the decision to build a foundation without a footer. This is not merely sagging; the sinking sunroom foundation pulled on the houses foundation on one side of the structure and pushed on the foundations on the other side, causing shifting and cracking of the houses foundation.

   

  We have contacted every insurance agency provided by the builder to submit a claim and we keep being told that we have been given the wrong policy information. We are currently waiting for **************** to finish an analysis of the latest policy provided to see if it covers construction defects. The agent, *****, said that the policy document is over 100 pages and she will email me when she figures out if construction defect is covered.

  Additionally, I would like to remind the builder that homeowners in ******** have additional protections against faulty construction by both the Colorado Homeowners Protection Act and the Colorado Construction DefectAction Reform Act which protect homeowners from binding from restrictive warranties and timelines.

  
  
  Sincerely,
  
  **** ********

  d $18,700 for this repair due to their faulty design and initially Custom ******* agreed to honor the warranty and make a claim against their insurance policy but now they are ignoring us after apparently giving us the incorrect policy information.

  

  Business Response

  Date: 11/12/2024

  The project has been built according to the approved plans.

  The project has been signed by two licensed structural engineers and fully inspected by the city of *********

  Sagging is not something outstanding in construction.

  100% insurance case.

  Customer Answer

  Date: 11/22/2024

   

  The builder sent us consent to file a claim against their construction defect insurance policy.

  
  

  They have sent us three different insurance policies and all three have been dead ends. We have been told in all three instances that the policy provided is not correct for this type of claim.

  
  

  I am attempting to either get the correct policy information or get a commitment from the builder to reimburse for the costs incurred in rectifying their construction defects.

  
  

  Thanks,

  
  

  **** ********

  ************

  

  Business Response

  Date: 12/08/2024

  Unfortunately feels like majority of Insurance companies are just a bunch of delinquents and cheaters in this country.

  It should've been 100% insurance case!

   

  I'm confused about -

  The project design has been prepared by the third party,

  Approved by two licensed engineers (independent business and the city).

  Inspected by the field city inspectors (licensed engineers).

   

  CustomSunroom drawn the knee drawings as initial design and renderings, built everything according the plans, passed all inspections.

  And now CustomSunroom has to reimburse the most unexpected foundation sag in full?

  My fair resolution would be that all involved parties will pitch into this reimbursement case.

  Our company would take the fair part of the reimbursement in case that the insurance fraud won't pitch in, but definitely not the 100% of the total rehab cost.

  Customer Answer

  Date: 12/13/2024

  CustomSunroom,

  Thank you for your response. While we appreciate your willingness to consider contributing to the repair costs, we want to clarify a few points:

  
  1.Responsibility for the Defective Foundation:

  As the general contractor, your company is ultimately responsible for ensuring that the foundation design was appropriate for the site conditions. The omission of a footer was a critical oversight, which multiple engineers and foundation repair contractors have confirmed is unsuitable for this area.

  
  2.Permits and Inspections:

  While the design was approved by engineers and passed inspections, these approvals do not guarantee long-term performance. Further, permits are routinely approved based the plans having a licensed engineers stamp as long as other requirements are met. Your choice to hire an out of state engineer and not have him inspect the site personally only increased the risk of an inappropriate design being executed. The sinking and twisting of the sunroomand the damage to our homes foundation show that the foundation was inadequate.

  
  *********** Process:

  You indicated this would be resolved through insurance, but none of the policies you provided have yet proven sufficient. If you expect your insurer to cover this claim, we recommend being more responsive to their emails and calls. Their delays only increase the burden on us as homeowners. Further, it should be the builder/general contractor who coordinates these efforts. That is your role as the role of a general contractor. You have proven unwilling to take the lead in getting these matters resolved and left it to us and your insurer to figure out a resolution.
  
  
  We paid $19,000 out of pocket to stabilize the sunroom and prevent further damage to our home. Not to mention the time wasted pursuing insurance policies that proved to be not correct for this claim. Given your role in the project, we expect full reimbursement. If you believe others share liability, that is a separate matter for you to pursue. 
  
  
  We look forward to resolving this soon. Please let us know how you plan to proceed.
  
  Sincerely,

  **** ********

   

  

  Business Response

  Date: 01/14/2025

  I've told already and will keep my position as it was before.

  
  

  I'm ready for a fair part of the refund, but I have three solid parties involved in the project.

  My company will not take the full refund amount listed in the inquiry.

  
  

  Our company built everything according to the design and approved plans.

  
  

  All construction stages were inspected and approved by local city engineers.

  
  

  The US insurance is also a well-known all-American fraud.

  
  

  I'm still waiting for a fair resolution!

  
  

  Thank you!

   

  ****** with Customsunroom.

  Customer Answer

  Date: 01/28/2025

   

  Please reopen complaint # 22535573. I did not respond to their last response within 7 days because I hadnt decided on how I wanted to respond because Customsunrooms comments werent relevant to the complaint and offered no resolution. I suppose I should have just said that in my rejection, but I was trying to formulate a response to that really couldnt be responded to. If you read their last response you will see what I mean.

  
  

  Thank you for your attention. 

  
  

  **** ********

  ************