Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:09/12/2023

  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.

  Date of transaction: January 27, 2022 Amount paid to Kay Builders for home: $362,505 base What was sold: townhouse, landscaping, street trees, concrete sidewalk (community streets safely paved and drained for access) common ground/access to our backyard Nature of dispute: Community buildings completed Jan 2023, to date no trees, unacceptable concrete job, community roads paving not completed (told hopefully May/June 2024!), common ground still dirt and large boulders w/o designated access to backyard, poor grading in rear yard Whether or not Kay Builders has tried to resolve: no feedback from them regarding trees, poor concrete job, we have been told community roads "hopefully" will be paved next May/June 2024, and common ground behind houses is "slowly" addressed with dirt being moved (and dust continues to fill our homes), boulders being redone on wall at one end because of incorrect construction/grading issues, no lawn/hydroseeding, and no designated/designed access paths to our backyards. Grading issue has not been resolved. HAVE SENT MULTIPLE pictures with history of issues since January 2022.

  Business Response

  Date: 10/27/2023

  My Supervisor at Kay Builders VP of Operations advise me late last night that he spoke with the customer outside at her home a few days ago.  He advised the customer that Kay Builders is working on completing items.  Customer told him that she is having a pervious paver patio installed underneath her deck steps, so that should take care of water that stands in that area which was caused by the addition of their deck and steps.
  
  He advised the customer that Kay Builders is having our Landscaper remove the silt sock materials and will add soil and seed where silk sock will be removed in the swale.

  Regards,
  
  *****************
  Warranty Service Supervisor
  Kay Builders
  (P) ********************
  (F) ************
  
  Mobile ************
  
  *******************************
  www.KayBuilders.com

  Customer Answer

  Date: 10/27/2023

  Thank you very much for the reply. Interesting, that the developer Kay Builders keeps stating the standing water was caused by our deck and steps. I have photos, and emails, sent to Kay Builders from before the deck was constructed that show the recess in the backyard that filled with water every time it rained.  But, Kay Builders does not want to take responsibility and keeps stating our deck is the cause of the standing water. So, we are going to take care of the problem, caused by Kay Builders not grading the backyard correctly from the beginning, next Spring. It is unfortunate that Kay Builders does not stand behind their construction and do things right from the beginning, or right them when identified as needing correction. It has been two years and the back common ground just was cleared of mountains of dirt and large stone. We residents are trying to make the most of it and move on with life, which is probably what Kay Builders is hoping. 

  Business Response

  Date: 10/31/2023

  We are sorry the customer remains in disagreement.
  Kay Builders answer remains unchanged.
  Work is continuing in the open common space as noted previously.

  Customer Answer

  Date: 11/01/2023

  Thank you for your diligence in communicating back and forth. Kay Builders does not get it. So, we are being positive and taking care of our own back yard (not the common space, as mentioned by Kay Builders.) **** and *****************************

• Initial Complaint

  Date:09/06/2023

  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.

  Upon making settlement on this "spec" home in July 2021, it was brought to Kay's attention the condition of the porch. When the concrete was poured there was sand/dirt and other residue that settled into the concrete which gave it an orange tint and critter marks. After many emails with Kay it was decided they would power wash the porch to see if it would correct the issue, it did not. The porch is now (2) years old and its cracking, there is a dip in the porch that when it rains heavily I have a 1 1/2" puddle that sits on my porch. After multiple complaining emails, Kay finally agreed to fix the porch and arrangements were made or so we thought to have the porch fixed on Wednesday, September 6th. I made proper arrangements with work so I could work remote. I have a dog at home and with the excessive noise that they would be making, I thought it best if I were home with my animal. Kay never showed, they could not even provide me with the common courtesy to let me know they were not showing up. I had to contact them and ask where they were. You will see on the attached email trail of the conversations that went back between the team at Kay Warranty and myself. My husband and I have been dealing with this eye sore for (2) years now and all we want is for Kay to make good on their warranty issue and fix the porch. It took (2) years for Kay to come to my home and fix the (1) year punch down list. Their lack of communication is unbelievable. They are truly a builder that is only interested in taking your money and leaving you in the dust. I do not recommend anyone to buying a Kay home. They are the worst builders I have seen next to Ryan Homes. If there is anything that the BBB can do to help us in this matter it will be greatly appreciated. My husband and I would like to sit on a porch that looks like a porch and not something that was thrown together and left as ****.

  Business Response

  Date: 09/11/2023

  Kay Builders is in process of completing replacement of the front porch concrete.  Existing concrete porch was broken out and removed on Friday September 8th, prepped Monday September 11th, scheduled to pour new concrete Tuesday September 12th, weather permitting.

• Initial Complaint

  Date:07/26/2023

  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.

  I am writing to file a formal complaint against Kay Builders, a company that specializes in new builds and home construction. The purpose of this complaint is to bring to your attention the significant issue I have faced as a homeowner regarding the failure of Kay Builders to complete the back and side yard of my newly purchased home.I purchased my home from Kay Builders on October 2022. Since then, I have paid my mortgage for over eight months, yet the promised side and back yard work have not been completed as per the terms of the purchase contract. The neglect of the back and side yard has resulted in a severe deterioration of the area, with abundant weeds, rocks, and even rodents. This situation poses health and safety risks to myself. I have made numerous attempts to communicate my concerns to Kay Builders but Kay Builders will not respond to my inquiries or concerns. The lack of response and inaction from Kay Builders is highly distressing and unacceptable, given the considerable investment I have made in purchasing a new home. It is also frustrating that Ive been in my new home this spring and summer and been unable to enjoy the outside of the home.To address this issue effectively, I request the Better Business Bureau to investigate this matter and intervene on my behalf. I am seeking the following resolutions:-- completion of my back and side yard -Appropriate compensation from Kay Builders for the mortgage payments made during this period while being unable to enjoy the complete benefits of my home.- Implementation of measures by Kay Builders to prevent future delays and enhance communication with homeowners.If this complaint is not addressed satisfactorily, please take appropriate actions to ensure that Kay Builders fulfills its obligations and rectifies this situation. I trust that the Better Business Bureau will take appropriate action to bring this matter to a satisfactory conclusion.

  Business Response

  Date: 08/11/2023

  Kay Builders submitted a design plan for the retaining wall and adjacent grading to the Township Engineer.  It has taken time for the Engineer to approve the plan. Kay Builders is beginning construction of the boulder wall and adjacent grade will include seeding to be completed by the end of the month, weather permitting.  Following that work individual Lot gradings and seeding will begin in the next 30 days. 
  Customer will be provided advance notice before the Individual Lot gradings begin.

• Initial Complaint

  Date:07/23/2023

  Type:Service or Repair Issues
  Status:

  ResolvedMore 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.

  We purchased a townhome from Kay Builders, Inc. on October 14, 2022. At the time of the purchase we received only a temporary certificate of occupancy because extreme drainage issues existed on the back of our property and the surrounding properties. The slope of the land was such that whenever it rained the water ran down over our property and that of the neighboring homes to such a degree that the homes at the bottom of the slope flooded. For this reason the town would not issue a permanent CO. Because Kay Builders had not resolved this problem, our property and those surrounding ours were left improperly graded and barren. The problem has remained unresolved. Kay Builders will not respond to our communications regarding this issue. We have never received an action plan or a projected date for the remediation of this issue. We have been unable to use this portion of our property as it is dangerous due to rocks, boulders, deep washouts and deep clay.  We would like Kay Builders to submit a plan to the town for correction of this issue with a completion date for their review and approval. Then we would like them to move forward on the plan to properly grade the property to stop the drainage issues, cover the property with top soil and seed the property as promised when we purchased the home in October 2022 with a temporary certificate of occupancy and the assurance that the issue would be resolved promptly. We would very much like to be able to use our backyard!

  Business Response

  Date: 08/10/2023

  Kay Builders submitted design plan for the retaining wall and adjacent grading to the Township Engineer.  It has taken time for the Engineer to approve the plan. Kay Builders is beginning construction of the boulder wall and adjacent grade with seeding completed by the end of the month, weather permitting.  Following that work individual Lot gradings and seeding will begin in the next 30 days. 
  Customer will be provided advance notice before the Lot gradings begin.

  Customer Answer

  Date: 08/11/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  
  Regards,
  
  ***************************
  

• Initial Complaint

  Date:07/19/2023

  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.

  Kay Builder is responsible for completing our community common area and over 15 adjacent buildings’ landscaping… it’s been over 9 months since I closed on the property and delay among delays, we have no word, no known plans to complete the landscaping… we can’t maintain, much less enjoy our backyard spaces.

  Business Response

  Date: 08/10/2023

  Kay Builders submitted design plan for the retaining wall and adjacent grading to the Township Engineer.  It has taken time for the Engineer to approve the plan. 
  Kay Builders is beginning construction of the boulder wall and adjacent grade with seeding completed by the end of the month, weather permitting.  Following that work individual Lot gradings and seeding will begin in the next 30 days. 
  
  Customer will be provided advance notice before the Individual Lot gradings begin.

• Initial Complaint

  Date:07/18/2023

  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.

  We moved to **** ******** ***** on 10/17/2022. We purchased the house and the property on this day as new construction from Kay Builders. Since that day he have experienced a lack of action and communication on our property being completed. Currently three quarters of our property is not seeded or graded appropriately. Multiple emails to Kay Builders employees, including office personnel and personnel in the warranty department have gone unanswered and ignored. The current state of the grading has rendered access to our deck unsafe to use as the stairs lead directly to a swell they graded several month ago. Our deck that was constructed by Kay Builders has unlevel steps in addition to top rails coming off. These last two issues have been inspected and confirmed by Kay Builder staff but no follow up or resolution has come despite follow up inquiries. Our yard is now a pile of dirt with rocks and weeds and is unusable and unsafe.

  Business Response

  Date: 08/09/2023

  Kay Builders has had many communications with the customer regarding items in their home, since settlement date of October 18, 2022.  Kay Builders Warranty Representative met with the customer July 24, 2023 for evaluation of the deck.  Information gathered during that inspection was reviewed.  Kay Builders reached out to the customer offering to change the direction of the stairs away from the swale.  Have not heard back from the customer.  Also, stair treads and top rail will be addressed.
  
  Work is beginning for the boulder wall and grading at the boulder wall.  Anticipate individual lot gradings to begin in the next 30 days. 
  
  Customer will be provided advance notice before lot gradings begin.

• Initial Complaint

  Date:03/24/2023

  Type:Order 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.

  We've entered into a contract to have Kay Builders construct a newly built home for us in the ***** **** community. They finished building the homes, however they have not fulfilled the remainder of their obligation. We DO NOT have use of our own property. Their poor workmanship and disregard for completion of the work they've contracted, have left many of us without safe access to our properties, standing water, for many days, due to lack of run off management. We've attempted to have our Township board intervene and assist is in getting these issues resolved, but as the township is benefitting from the money Kay Builders lined their pockets with, the Solicitor is happy to help Kay Builders run out the time limit on our ability to seek legal recourse. The Solicitor won't even put a plan together to show us his plan to hold Kay accountable....because he's not planning on it. He's happy to just let the statute of limitation for this egregious breach of contract expire. Regardless, Kay Builders has left this community a sloppy dangerous mess. We have many young children in our community that she subject to getting hurt OR WORSE because of the dangerous conditions they've created and are NOT addressing. Kay Builders will further drag out this issue by stating they're working on the property HOWEVER they're ONLY addressing items that DO NOT RESOLVE THE HOMEOWNERS ABILITY TO QUIET PEACEFUL ENJOYMENT OF THEOR OWN PROPERTY. Theyre addressing areas that aren't effecting anyone's right to their property. Kay Builders was to be done with this project before the end of 2022. They are well past that date and not even close to done. And they do not care about the homeowners. They cared about taking our money and leaving us high and dry. This is unjust enrichment to take our money and not deliver

  Business Response

  Date: 04/14/2023

  Kay Builders Land Development Team is continuing to work through items required to close out the community.  Part of that work includes the area in back of the customer’s property.  Work will include rear yard additional grading, top soil, raking and seeding.  Anticipating completion end of April mid-May.  Upon completion the area will be “As Built” surveyed for compliance and submitted for approval.  When seed reaches germination E&S Silt controls will be removed.

  Customer Answer

  Date: 04/30/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because: Kay Builders has not even started the work they promised to, repeatedly. They have officially breached another deadline. The "punch list" gave a completion date for this work to be done by April 28th. That date has come and gone (like the several dates breached prior) and Kay Builders has not even started the work, nor is there any proof they even submitted our Final As-Built for approval, so this work could begin at all.

  Keep in mind that Kay Builders contract with ******** Township regarding this work expired in November 2022. They are in default and have breeched their contract in addition to ours.

  They first submitted, to the Township, our final As-Built plans, which were rejected as they were inaccurate/failed to meet Township Requirements. This was in September of 2020 and again in 2021 and again in 2022. Three years later, there is no evidence that Kay Builders has submitted an acceptable or approved Final As-Built of our property for this work to even commence within the time frames provided.

  We were first told this work would be completed in November 2020. That date came and went and the next deadline was summer of 2021, the next deadline was summer of 2022 and then November of 2022 and finally March 2023. Again, Kay didnt meet any deadline and April 2023 was the newest date of completion. Im writing this on the last day of April and the work hasnt been started. They now state completion in beginning of May 2023. Again, there is no evidence the Final As-Built has been submitted, let alone approved. And this is the ongoing issue: all talk.... no action. 

  Kay Builders has breached this contract again, again, again and again. 

  I'm in agreement for Kay Builders to address issues in the shared Community Spaces. However, I think this should come secondary to the homeowners right of possession, our right of control, our right to enjoyment, even our right to exclusion. The majority of the Community has the ability to erect fences, they can exercise their right to private use and enjoyment and have done so for several years. We cannot do this because Kay Builders is choosing to address everything else, prior. In addition to the inability to install a fence, which we obtained a dozen quotes and have been ready to proceed for years, we are also unable to install a drainage system to bury the sump pump discharge in the backyard too, which has created pooling of standing water and destruction of our grass.

  We've been patient, but this has gone on too long. They breach their deadlines again and again with impunity. They rarely reply to our emails, they don't submit our Final As-Built, they don't call us back, they don't honor the contract they entered into with us.

  This has resulted in Kay Builders unjust enrichment. They have taken our money but left us without the ability to our rights, as homeowners.  They refuse to address the issues directly effecting the homeowners. My next door neighbor is in the exact same situation as us, however they moved in a year after us.

  Regards,
  
  ********* *****
  

  Customer Answer

  Date: 06/20/2023

  I received an email from BBB today asking the following:

  Has any work occurred?

  No, Kay Builders has not addressed the work that is YEARS outside of completion date. Kay Builders has not submitted the Final As Built to the Township for approval to begin the work on our property. Kay Builders gave the BBB a completion date of "Mid May", which we rejected because at that time, they hadn't submitted the final AsBuilt which was due in 2021. To date, they haven't submitted the Final As-Built. They haven't done ANY WORK that is required toniur property. They need to grade the property UP about 7 inches and no work has been addressed 

  Has your complaint been resolved?

  NO, MY COMPLAINT HAS NOT BEEN RESOLVED. KAY BUILDERS HAS NOT EVEN STARTED THE WORK NEEDED. THEY ARE NOT DOING ANYTHING TO COMPLETE THE REQUIRED WORK. We've reached out to Kay Builders every 2 weeks, for the past 4 years. They will not respond. We have all correspondence and can send to the BBB. We go to the Township meeting every month, requesting answers, and they too are waiting in Kay Builders. 

• Initial Complaint

  Date:03/24/2023

  Type:Service or Repair Issues
  Status:

  ResolvedMore 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.

  We have been told multiple times by the builder they will be finishing our backyard grading as well as well as the open basin in our backyard. We have a dumping ground of asphalt and rock in our backyard that needs to be removed. We also have children who can not swim and there is standing water in the back basin. This needs to be fenced in immediately. I have filed numerous complaints in the past and nothing has been done to fix the issue. This is my 4th complaint about the same issue. Someone needs to come out here and put a fence around the basin before my, or neighborhood children fall into the basin and get hurt. I have heard nothing from the builder as far as completion. We keep getting dates that come and go from the builder. The weather has been nice and no one has been here to fix anything. Finish this job. It dangerous. This is not safe for our children.

  Business Response

  Date: 04/05/2023

  Kay Builders had to have engineering draw revised grade plans for submittal to the Township for approval.  Plans were under review by the Township and Conservation District. Debris removal to take place ASAP.  Approvals received; documents submitted to begin grading.  Grading work scheduled to begin this week weather permitting.  Basin fencing target completion date April 28th. 

  Customer Answer

  Date: 04/06/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  
  Regards,
  
  ***************************
  

• Initial Complaint

  Date:01/08/2023

  Type:Service or Repair Issues
  Status:

  ResolvedMore 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.

  Date of settlement - December 8, 2020 Purchase Price- $352,533.19 On the above date we settled on our new home at ************** in Emmaus, PA. It is located in The ****** of ***********************, constructed by Kay Builders Initially, our warranty requests were submitted on the customer service website for  Kay Builders. within one year as per warranty contract conditions. To date, most of the warranty issues have been completed. There are two major problems which Kay builders continues to ignore. We have made numerous attempts by email and phone calls, along with photographs without resolution. The two warranty requests that have not been addressed are:1. One of the windows in our living room has a broken seal and must be replaced. This request was placed over one year ago.2. There is a vertical, structural stress crack in the bricks above the garage. Photos were sent to a warranty assistant and she sent me a phone number for a contractor. The request to that number has gone unanswered for months.

  Business Response

  Date: 01/18/2023

  We are in receipt of customers warranty requests and the two remaining items.
  
  Kay Builders is not ignoring the requests.  1. Window thermos seal causing fog between the glass.
  
  There have been delays receiving replacement glass from the manufacture.  Kay Builders remains committed to having this taken care of and will continue to pursue the matter until completed.
  Customer will be contacted for scheduling.
  
  2.  Brick front.  Mortar and brick settlement cracks.  The brick front is not a load bearing structural segment of the home.  Rather is a veneer.  Definitions listed in the warranty booklet.  Settlement and shrinkage cracks are normal and repaired one time.  Since this item was on the customers first year warranty list Kay Builders will have it repaired.  Delays have been experienced with the original Brick Mason.  We have reached out to another Mason to get this item resolved.  Customer will be contacted for scheduling. 

  Customer Answer

  Date: 01/25/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  We have reviewed the response made by Kay Builders in reference to complaint ID ********, and find that this resolution is satisfactory to us.
  

  Although we are accepting this resolution, moving forward Kay Builders must improve their customer service and communicate with all buyers in a timely fashion.
  
  Regards,
  
  ******************************* And  *******************************

• Initial Complaint

  Date:12/13/2022

  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.

  Punch list items have not been completed as stated in the contract signed at closing. Warranty issues have been over looked or looked at and changed to fit their criteria. Issues such as cut electrical wires have been ignored. Communication has been spotty or ignored. Dates for completion of tasks have been missed with no communication.

  Business Response

  Date: 12/20/2022

  Items from Pre-settlement walk through (Punch List items) completed with exception of back ordered drawer pull.  Cabinet supplier sending one out to the customer soon as received.  1 exterior painting item to be done on good weather day.
  
  Items reported under Warranty.  Not over-looked.  Request items submitted October 3rd.  Technician there next day for inspection/evaluation.  Adjusted cabinet drawer while there.  November 22 customer confirmed appointment for December 15th to include work for Patio Doors and replacement of nicked Dishwasher cord.  Weather forecast for was wet for Dec 15 with risk for water infiltration while working on patio doors.  Reached out to customer Dec 14 to try and move up a day, customer not able to confirm.  Re-scheduled for Dec 20th and completed both items.
  
  Tub chip and broken light glass.  Damaged items after closing are excluded from coverage under warranty.  Customer signed off page 2 of Pre-settlement Walk Through as checking these types of things finding no flaws.
  
  December 1st warranty request for tub leak.  Plumber went next day.  Ran water tested supply lines and drain found no leaking.   Cause determined to be tub over-filled water splashed onto floor causing leaking through floor.  Even though not finding anything leaking, Plumber took apart the drain checked over-flow piping and all was good.  Put it back together and re-puttied the drain.  Cause not warranted.  Clearly Kay Builders has been responsive.

  Customer Answer

  Date: 01/09/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:

  Kay Builders has not been responsive until the submission of this complaint. Before then emails would go un answered and things would not be completed. At signing we agreed to a 60 day time frame for the punch list items to be completed. Our punch list was not completed in the 60 day time frame. **** at constitution square was in charge of setting up and completing the punch list items. He set up three different dates and did not show up or communicate as to why he was not there to do the work. On 11/1/22 we emailed rich wondering if he was going to show up. He did respond stating that he mixed up the houses and went to another house. He then said he would stop by if he had time to see what work he could do. He stopped by and told us that he could not do any of the work himself so he would have to come back with someone else to complete it. He left with out scheduling a date and did not get back to us. On November 4th, 2022 an email was sent to **** and ***** the sight supervisor. This email went without answer until I went and talked to ***** in person. Then a response was given on 11/11/22. 

  As for the warranty department, they respond only when they want to. I emailed ***** the warranty manager on 11/10/22 and received no answer from ***** at all. Other emails were sent to **** our warranty representative and she would answer only the ones she wanted to. Finally on 12/13 when I emailed with one of two specific words in the title did I get an answer. These words are either urgent or important.  This email on 12/13/22 was for them to complete warranty items that were submitted in September as well as to address the new claims placed. At this point I have now been told that either I am a lier or their plumber is lying to both us and them. Their plumber did come fix a cracked drain seal. But we apparently over flowed our tub. This is near impossible, and there is no way to actually tell this. At the time of the leak there was a toddler in the tub with at most 2 inches of water in the tub. Also tubs have a overflow drain in them. As well as the calking of the floor and tub should help prevent this. The warranty department also left a cut dishwasher chord until December 20th, 2022, when the warranty was submitted in September. 

  As for the completion of things the tub was documented on the puch list walk through with blue tape and was talked to ***** about. The gutter leak that has not been addresses has been mentioned to Rich on June 23, 2022. Then again with ***** at our pre settlement meeting on August 16, 2022. This still has not been addressed nor fixed. 

  Regards,
  
  *********************

  Business Response

  Date: 02/10/2023

  Pre-Settlement Walk Through Orientation list two different Punch Techs came back to the home several times. There were some items on back order from suppliers.  Regarding Tub chip and broken light glass.  Damaged items after closing are excluded from coverage under warranty.  Customer personally checked and signed off page 3 of Pre-settlement Walk Through as checking these types of things finding no flaws.  If these items were present at time of walk through the site supervisor would have noted them.
  If the customer requests assistance with repair of tub chip we will provide contact information of a professional who specializes in those types of repairs.  We checked into the gutter item and found the gutter vendor has not completed repair.  Apologize for his delay and have notified him again and is on his list of items to complete in the community.
  Sorry the customer remains in disagreement with our answers.  No one is calling anyone a lier.  Only stating what we know from the Plumber.  Our answers remain unchanged.  However, as a customer courtesy we will repair the drywall ceiling where the tub leak occurred above.  Kay Builders Warranty Assistants will be in touch with the customer for scheduling.