ComplaintsforMcKelvey Homes

• Initial Complaint

  05/17/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  McKelevey built our home in 2001 and since then I have discovered that a rather large problem has occurred. Our 3rd car bay is actually Falling off the side of our house. We can look to our backyard through our footing crack. Prior to calling McKelevey I reached out to other resources to see if there should be rebarr in that concrete. I found out Yes plans showed they were using #4 or #5 rebarr. And this is where the problem begins. McKelevey is using the 10- Year Structural warranty line. I agree providing build was done to code using all material stated at the city level. I have had many companies out including McKelevey so they had a chance to see shotty workmanship. They came took pictures didn't really say anything then I start hearing 10 year structural. After several companies to repair we have contracted with a company that will have to pier in 8 spots as well as lift the 3 car garage floor. This comes at a large price to us. I'm tired of playing games and thought I would give them ample time to step up to the plate and make it right! The way it should have been done originally. After this attempt I will pursue legal representation if I am forced to go to that extent to be heard and made whole. Until that point I will be placing Reviews stating my experience with this builder.

  

  Business response

  06/01/2022

  McKelvey Homes was contacted by Mrs. ****** concerning her home, which closed in May of 2001.  The builder warranty at the time was a Limited Structural Warranty covered for a timeframe of 10-years after closing, specific to Structural Components only.

  
  McKelvey Homes had contacted Mrs. ****** upon her initial concern and request for communication.  McKelvey Homes sent a Superintendent to do a courtesy visit with Mrs. ****** to review her concerns while both on site at the home.

  
  McKelvey Homes has reached out to The City of Wentzville to further discuss the situation and continue with our Due Diligence on Mrs. Wagner’s concerns.  The City of Wentzville confirmed that rebar in the footings were not required by code at that time the home was built.  Additionally, Mrs. ****** provided an Inspection Card from the build job in the field, which shows the inspection and approval of the footings along with the final occupancy given by the City of Wentzville.  These homes are inspected and reviewed for code compliance by the local municipal agencies, which had given construction permits, approvals and final occupancy for this home.

  
  There was no valid information provided that shows any neglect or evidence of any poor workmanship related to code requirements missed.  The garage flatwork is not a structural component of the home and is not covered under the Limited Structural Warranty.  There has not been any claim or notice of damage provided to McKelvey regarding any Structural Components up to the point of Mrs. ****** reaching out to McKelvey Homes in early March 2022. 

  
  McKelvey Homes has responded to Mrs. ****** on each correspondence we have received up to this point.  Due to the timeframe of this home being outside the Limited Structural Warranty period, as well as zero evidence the building code was violated, McKelvey Homes cannot warranty the claim for this home.

  Customer response

  06/02/2022

  Complaint: ********
  
  
  I am rejecting this response because: I have not been given the information requested. So this information is only Partially true. Noone can supply me with the foundation and footing plans. The slab or concrete floor in garage is also a problem but my first issue is with the foundation wall. When I originally called the City of Wentzville I was told that #4 or #5 rebar would have been put into the concrete according to the 1990 BOCO used for that time period. This was Before I initially contacted McKelevy. But it appears our plans have disappeared and noone can provide me with a copy showing me what is suppose to be in our concrete for support. Other plans are available but not the house we built which was a 2-story structure called the Hawthorne. I have also requested they send me information from the Architect used or the Structural Engineer. But once again since I filed a BBB complaint I was told they would only communicate through your office. I am currently requesting a copy of the original foundation plans supplied to the City of Wentzville. I would find it hard to believe they can't find it through one of the following agencies McKelvey, City if Wentzville, Engineering Company or Architectural Company used. The part of the statement that was true is someone from McKelvey did come to my home after several request to see what we are dealing with. Two men showed up took several pictures from inside and outside of the structure in question. I am also in touch with several Structural Engineers. It is also true that City of Wentzville provided me with a copy of our Permit records. It shows that the footing and foundation were approved through the City and signed off on. I also got a copy of our plot and how house is situated on our Lot #** in *** ****** ** ***********. And like I told McKelvey I understand about the 10-year structural warranty but only IF construction was in accordance with ALL the guidelines inforced for that year. I will continue to provide information as it becomes available from other outside sources. What I would like to happen is for our home to be repaired using whatever means necessary to keep up our home value and integrity. This is a very Hot market but we can't even consider selling with the major foundation problems we are experiencing. I am also wondering about other areas of our home as windows are cracking, basement walls and slab are splitting and cracks in drywall on ceiling and walls throughout.
  I would Never pass this on without Full disclosure so this is costing us as we would take a huge hit on our property value our largest investment. I appreciate your time and effort in mediating as I was spending lots of time and effort to come up with a solution.
  **** ******
  
  
  
  
  
  Sincerely,
  
  
  **** ******

  

  Business response

  06/03/2022

  
  McKelvey Homes does not give out or supply the blueprints to the models homes we build.  This is true for any request, a home under construction or any thereafter.  There has been no evidence of a code violation, this is a verbal accusation the home was not built per code by the owner, which is not supported with any accurate documentation.  The City of Wentzville Building Commissioner spoke to Mrs. ****** regarding her request for information and then told McKelvey Homes we are not in violation of any code requirements under the BOCA 1990 code.  The home is over 20-years old and outside any current warranty with the owner.  The new response has not given any further information to change the builder stance on this being an unwarrantable item.   

  Customer response

  06/05/2022

  Complaint: ********
  
  
  I am rejecting this response because:
  As I stated before I've contacted a Structural Engineer to evaluate the foundation and code for such time period. I also have a message into pur attorney and will be following up with written documentation to support my complaint. In regards to not handing out home plans this can and will be obtained between lawyers.
  
  
  Sincerely,
  
  
  **** ******

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