ComplaintsforNew Mark Homes - KC, LLC

• Initial Complaint

  03/30/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Unanswered

  More info

  New Mark Homes will not complete work on the home reflected by the drawing and contract. Contract was signed Mid January 2021. Two weeks later drawings were reviewed and a floor drain in the garage was added. This was also documented in their change order system at that time. Any drawing that has been given to us to approve has the drawing on the drawing, a document which New Mark created and maintained. his drain is also on the drawing submitted to the city when applying for the building permit in March 2021. The contract states changes orders are to be treaded as the same as blue prints, which is drain is documented on. Reference lines ******* of the contract. In the end May 2021 the floor was poured and drain was missed. This was brought to the attention of New Mark the day it happened. We were told by our project manager that the drain would be patched in and the floor epoxy coated over to not see the patch work. The floor was marked up as to where the drain would be put in. The project manager left the company and the owner stepped in and said no we are not doing that work. I have New Mark 3 options to resolve the issue. 1) Patch the drain in and coat over patch work 2) Redo the floor so there is no patch work 3) Provide the funds for the work to be completed. New Mark's response was the drain was "just a change order and therefor not important" and I was only looking for an opportunity to stick it New Mark Homes. New Mark offered a $350 refund or an offer to buy our home, both of which were declined and they are not seen as acceptable resolutions to the issue and in violation of the contract.

  Customer response

  03/30/2023

  This last interaction with New Mark about this issue took place on ******** while the home was under construction.  I have attached the owners response the last time this was discussed.  The warranty for the home was from 3-25-22 to 3-25-23.  In fear of New Mark Homes withholding work on the house or warranty work to be completed, the decision to wait until the warranty period was over to file my compliant.   I view this issue as more of a breach of contract not warranty which can be pursued outside of any warranty period.  New Mark Homes was made ware of the issue the day the mistake was made.  It is just as costly and disruptive today, tomorrow, or the day after the mistake was made to fix and resolve the issue.  There are many other mistakes/contract violations that we were strong armed into accepting due to the fact that would be to disruptive and costly to fix now not outlined in the attached email.  This item I believe to be reasonable to continue to explore a fair resolution for.  

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