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Home My WebLink AboutPhotos/correspondence from homeowner re: problems with bldg/bldr . , �. _ �, . � G � . � 'f - � � � � � �r _ ; �.` '�-�.,. `� � ! r �' / .��. � �� ° , � .. ''`�� " '�a..ora�'" �` �• 1 , ,.�, ��, ',1�� p � �4,: i' 'k 1'�� . s � �''� / ' t..� ' �' �'.�� 1 ,y , �� a• ��,ll, 1 w-- � , � * '`1 ,} C . '��`� , �� ,`f�f'"� �tq� �y � � ti � .. ��. . 5r � 1 •� r ,�." .�. �. 'x�.��' � �".,�; ' ._ ,- . „� ^ , �� ° . ► � '�'� �� i �y , <_ ;�� ti �"� �:,�. ,��- r +�t '! r i � ,� ':�j i;;y, „�'f . , ,'r/ �•` ��.k� �, ,; . k /, L�'f ♦ ��t ,� } . ?�A{ � � .7!J �w �°,�•./� . II� ft ^ ::8 r f:;i , � t �.' � � Y,. .,��v?0` .#' � .�' •�i I :,� 1 ;� 'k �;t �� i ! <,i�:. ...i,..,.- +�n - :,:��'. '��#� �.:�:._.�..� � �� '�`�; ,- . _ � ` " , � . ` , �' �. $+^� �'s `�'.� � �k . �I r�;�l�. ��%� �: !G �� y ` ; � u� � ti� .'4 i' ' _�` 'Y^ ..'1\ .� �. ,'^`''� • ..4 � �-...1, �, � p, +'�'� � .] ' t � �." 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P.O.Box 47333 Minneapolis,MN 55446 (763)553-2726 (763)553-9953(fax) Bill,John,Darrell,Eric,Melinda,or whomever it may concern: I am writing to make you aware of some of the problems and concems that have popped up in the last month around my townhome,and to keep a written record of the communications,if any,that have occurred thus far concerning these problems. First and foremost,the walls of the foundation are leaking ground water into the basement. I reported the water collecting on the carpet to you by phone on Apri122,2001,and Eric came out and witnessed the dampness himself on Monday,Apri123,2001. At that time,I also pointed out several areas of wet markings on the exterior wall. Last week, I called to ask if I should pull up the carpet to let it dry,and Eric's response was to simply put a fan on it. Let me make you aware that the fan has yet to clear up the problem and the carpet is still wet. Also,there is now mold growing on the exterior wall and trim,and I would hate to see what is growing under and/or in the carpet. Two weeks have passed since I have had any communication from you regarding this matter,and I lrnow you are aware of similar,perhaps more advanced problems in neighboring townhomes. With the possibility for molds to be toxic,any further delays in communication on your part will cause me to believe your behavior to be bordering on negligence. If I do not hear from you with a proposed solution by Thursday,May 10,2001,I will be forced to take more severe actions(i.e.,calling the Better Business Bureau). Secondly,a four-foot by two foot and approximately 3 inches deep depression has developed in my driveway. It is cracking and getting deeper and larger by the day. Third,the lights on the front exterior on either side of my driveway are out again. This is the second time these have gone out,and it should be known that they were only on for 3 weeks following the last time the bulbs were replaced. Perhaps there is a voltage problem that should be looked into. Fourth,during the rainstorxns that occurred the weekend of Apri121,2001,the window well filled up with water up to 1 centimeter above the bottom of the window. To my knowledge,no water came in through the window. I contacted you,leaving a message at both Eagle Crest NW and Brookdale with Bill Gleason on Apri122,2001. Bill returned my call on this problem on Apri123,2001,letting me know that you are aware of the problem and trying to work on a solution. This is where we still stand. Fifth,I would like to express my concem with the overall appearance of the neighborhood. This is an issue for Eagle Crest not only because it affects my own personal enjoyment of the community,but perhaps more importantly to you because it is affecting the sales of the properties. The fallen deck on the new units,the paint flaking off the decks, the dead sod,the depressions in the driveways,the poorly plowed streets/driveways in the winter months,the fallen light post at the beginning of Block 2,and the burnt out exterior driveway lights on most units are all things that potenrial buyers have pointed out as areas of concem. For the amount of money people pay to live in Lake Minnetonka Woods,I think the expectation for the surrounding environment is at a higher threshold than is eachibited at the current time. Sixth,I'm not sure what the agreement is between you and Jeff White,but in case you weren't aware,his father was sitting at the site as `realtor' for a good part of the winter. When we went over to ask what the progress was,if any Julie M.Wilson Lake Minnetonka Woods Fair,Isaac and Company,Inc. 3704 Livingston Ave 4295 Lexington Ave N Orono,MN 55391 St.Paul,MN 55126 (952)471-3631 (651)486-1849 Thursday,May 17,2001 Eagle Crest Northwest,Inc. P.O.Box 47333 Minneapolis,MN 55446 (763)553-2726 To whomever it may concern: I am writing with a request. I feel that there is an unacceptable level of lack of communicarion on your part,when concerning your role as a builder. Prior to now,I have had a minimum of my phone calls returned by you,and I can't remember a time when you called in response to a problem to let me know the status of the solution. I have received written communications concerning issues within and surrounding my townhome on only a few occasions(i.e.,supporting beams in the garage,ice dams). I have asked repeatedly that you call and keep me informed when there exists an unfixed problem,and Bill Gleason even told me that improving communications between you,the builder,and me,the homeowner,was a priority for you as a company. I feel I have been patient and reasonable in waiting for your compliance,but to no avail. I am now forced to take this a step further. Carrying forward,I would appreciate written communication concerning existing and future issues and/or problems,detailed as such: a) Explanarion of the problem; b) What you are doing to fmd a solution to the problem(i.e.,hiring an inspector); c) What the solution is/will be to the problem,including i) Who will fix it, ii) What the fix is/will be, iii) When the fix will occur, iv) Where,specifically,the fix will occur, v) How the fix will be done, vi) Why the proposed solution will fix the problem. Also,I would appreciate a second letter after the problem has been fixed,a receipt,if you will,detailing that the case is closed or,in the case that the actual solurion differed from that proposed in your written communicarion,that there was a change of plans and what that change was. I hope you will agree that my request is that of a sirnple business standard. If I were to hire out any of the work you have done in the past and will continue to do,I would receive such communication automatically. Simply because it is warranty work does not warrant lowering the benchmark for how the customer is treated. In the same breath,I will show you the same respect and provide you with written communication when a problem occurs. I hope this will help to improve the current relationship between builder and homeowner. There are a few issues that both parties are aware of and that are still outstanding. I would appreciate the above requested written communication to begin with these issues. The following are from a letter to you dated May 1,2001: 1) Water leak in basement:I have an appointment for Jerry to come out on Monday,June 4,but that is the extent of my lmowledge concerning the circumstance. 2) Depression in my driveway 3) Window well fills with water I have included the letter again for your ease of reference. I am sorry that is has come to such formality,but I feel it is my only option in this last resort to try and work with you instead of against you. Thank you for your time. Sincerely, Julie M.Wilson Inc: letter dated May 1,2001 CC: Minnesota Department of Commerce Matt Siggerud,Minnesota Valley Realty Julie M.Wilson Lake Minnetonka Woods Fair,Isaac and Company,Inc. 3704 Livingston Ave 4295 Lexington Ave N Orono,MN 55391 St.Paul,MN 55126 .� (952)471-3631 (651)486-1849 Tuesday,May 22,2001 Eagle Crest Northwest,Inc. P.O.Box 47333 Minneapolis,MN 55446 (763)553-2726 (763)553-9953(fax) To whomever it may concem: I am writing to make you aware of a few of the continuing problems and developments within those problems, issues to which I brought to your attention via telephone conversation this morning. First,the walls of the foundation are still leaking ground water into the basement,a problem that I brought to your attention in a letter dated May 1,2001. Here is what I wrote at that time: "... I reported the water collecting on the carpet to you by phone on Apri122,2001,and Eric came out and witnessed the dampness himself on Monday,Apri123,2001. At that time,I also pointed out several areas of wet marldngs on the exterior wall. Last week,l called to ask if I should pull up the carpet to let it dry,and Eric's response was to simply put a fan on it. Let me make you ' aware that the fan has yet to clear up the problem and the caipet is still wet. Also,there is now mold growing on the exterior wall and trim,and I would hate to see what is growing under and/or in the carpet..." Since then,Jerry came out on Friday,May�2001 to assess the problem At that time,he pulled up the carpet in the basement and closet azea(where the sump is),removed portions of the carpet pad that were wet,removed the trim that exhibited mold,and cut out an approximately six-inch high piece of drywall along the majority of the lower level exterior wall,which was the azea where mold was seen and/or where the sheetrock was soft to the touch. He then instructed me to place a fan on it,which I have done. I have an appoint�nt with Jerry on Monday,June 4,2001 to finish up the"work-in-progress". Eric assured me that there was no rush in getting Jerry out again sooner to complete his work. Every time it has rained since then,the floor becomes damp,if not wet,as does the wood framing the wall. There aze additional areas of mold growing on the walls,and the area of dampness has spread further along the wall to drywall that was not formerly removed. It also appears that there is mold now�growing in the insulation Secondly,during the rainstorms that occurred the weekend of Apri121,2001,the window well filled up with water up to 1 cenrimeter above the bottom of the window. This I also brought to your attention in the May 1,2001 letter,as well of by phone Apri122,2001. Since then,Plexiglas was added to the sides of the window well cover,I'm assuming in an effort to prevent rainwater&om falling in. Despite these efforts,the window well has been continuously filled with water,and has risen to the level of the window during more significant rainfalls. Also,it should be noted that while the azea above the window well is shielded from rain by the cover and Plexiglas sides,the concrete walls still aze streaked with water during these storms,and for a few days following. Thank you for your time. I hope to hear from you regarding these problems in the neaz future. Sincerely, J�He M.Wilson CC:Minnesota Department of Commerce City of Orono Building Inspector Matt Siggerud,Minnesc:a Valley Realty Julie M.Wilson Lake Minnetonka Woods Fair,Isaac and Company,Inc. 3704 Livingston Ave 4295 Lexington Ave N � Orono,MN 55391 St.Paul,MN 55126 (952)471-3631 (651)486-1849 Thursday,May 24,2001 Eagle Crest Northwest,Inc. P.O.Box 47333 Minneapolis,MN 55446 (763)553-2726 (763)553-9953(fax) To whomever it may concem: Bill Gleason was out to my townhome yesterday afternooq and I am writing to give a brief synopsis of the points and observations he made while there. First,Bill aoted that the slope of the backyazd,from the sidewalk througln the mailching and to the edge of the foundation,is in the direction of toward the house(or towards the south). His explanation was that,no matter how many ia�lementations aze made to the structure of the window well or the interior of the basement wall along the foundation,the water is still collecting at the foundation of the house due to the inappropriate grade of the backyard and inadequate drainage away from the house. This high pressure of water against the concrete foundation,w}uch was not expected when the plans for the foundation were developed,will lead to lealdng,as we have seen. Bill's proposed solution was to redirect the water away&om the foundation so as to eliminate the pressure on the concrete and thus,hopefully,eliminate the leaking. His plan towards this end,not excluding other necessary steps, was stated as such:a)pull out the sidewalks,as they are sloping towards the house;b)add dirt and/or re-grade the backyard so that it slopes towards the north and away from the house;c)add a drainage system,a French drain, mm�ing east-west that will redirect the water that soaks into the ground away&om the foundatioq landscaping and house,in general;d)re-pour the sidewalks so that t�iey siope away from the house;and e)replace the landscaping. Bill commented that he would have someone out this week to begin this process. Let it be noted that the above stated is one possible solution to the foundation lealdng ground water. As I am not aware that Bill is an engineer,and nor am I,this solution is not necessarily the final solution to the problem,and more discovery need be done in order to assess whether there exists cracks in the foundation or any other such shuctural problem that could be leading to the lealdug. If other such problems do indeed exist concurrently with the improper grade of the land and inadequate drainags system,the leaking is likely to contiaue even when the land is properly graded and an appropriate drainage system installed. Second,Bill stated that more severe measures than have been suggested in the recent past will need to be taken in reference to the repair of the basement area that was damaged as a result of the above lealdng. It has been explained to me verbally that Jerry is currently tending to the problems as such:a)pulling back the carpet;b) removing the wet and/or molded drywall,wood trim,and catpet pad;c)letting the azea dry out;d)painting the framing wood with a sealant;e)adding new drywall,trim,and carpet pad to the azeas removed;and fl replacing the catpet to its original position. While these steps account for most of the problems,the following azeas still need to be addressed:a)the insulation is damp,and therefore not providing the warmth as intended;b)additional azeas of mold aze growing up the walls,despite the prior existing azeas being removed;and c)the carpet,which was saturated with ground water for,at the minimum,two weeks,needs to be checked for mold and replaced if necessary. Third,Bill noticed that there was no water in the sump. He said that this was not as he expected,with the degree of saturation of the ground with water. He stated that this was likely a problem and that he would look into it. I will be sending you this letter via US Mail as well as faxing a copy to you immediately. T'hank you for your time. And to Bill,thank you for your interest. Sincerely, � ��` Jvlie M.Wilson CC:Minnesota Department of Commerce City of Orono Building Inspector Matt Siggerud,Minnesota Valley Realty Julie M.Wilson Lake Minnetonka Woods Fair,Isaac and Company,Inc. 3704 Livingston Ave 4295 Lexington Ave N Orono,MN 55391 St.Paul,MN 55126 � (952)471-3631 (651)486-1849 Thursday,July 19,2001 Eagle Crest Northwest,Inc. P.O.Box 47333 Minneapolis,MN 55446 (763)553-2726 (763)553-9953(fax) To whomever it may concern: I am wriring concerning the details of the items I intend to cover on my 11-month walk-through. #1. Location:Exterior Front,both sides of driveway Item: Sprinkler System has not turned on all spring. Results:The grass is brown and dead. #2. Location:Exterior Front,to the east side of the driveway Item:The land and/or landscaping was not graded and/or landscaped properly Results: Landscaping mulch has been washed away #3. Location:Exterior Front,deck Item:Paint on handrails and spindles is flaldng off . Results:Wood is exposed and therefore more likely to rot #4. Location:Exterior Front,deck Item:Floorboazds have never been sealed or painted Results:Wood is exposed and therefore more likely to rot #5. Location:Basement � Item:Ceiling Vent Dysfunctional Result:Heat does not flow to the basement #6 Location:Basement Item:Sump has never filled with water � Result:With all*,he basement flooding we have had,it is likely that the sump is stopped up or not functioning properly,and therefore is not relieving the water pressure surrounding the foundation as it should (this is per Bill Gleason,May 23,2001) #7. Location:Basement Item:Gap in drywall at the socket (This occurred during Jerry's work from the water damage) #8. Location:Main Floor Bathroom Item:Toilet dces not flush properly. (Note that this continues to be a problem from the 30-day walk-through) #9. Location:Main Floor Bathroom Item:Door sticks Results:Door is difficult to close and open #10. Locarion:Living Room Item: Crack in drywall'oy kitchen counter #11. Location: Stairway(to the upstairs) Item:Crack in the drywall by dining room ceiling � #12. Location:Master Bedroom Item:Door sticks Results:Door is dif�icult to close and open #13. Location: Second Bedroom Item:Door sricks Results:Door is dif�icult to close and open #14. Location:Exterior Back Item:Stairs no longer rest on the sidewalk Results: Stairs do not support weight properly #15. Locarion:Exterior Back,deck Item:Paint on handrails and spindles is flaking off Results:Wood is exposed and therefore more likely to rot #16. Location:Exterior Back,deck Item Floorboazds have never been sealed or painted Results:Wood is exposed and therefore more likely to rot #17a. Location:Exterior Back Item:Landscaping was destroyed by efforts to fix the water leakage in the basement Results: Sod is missing in back yazd #17b. Location:Exterior Back Item Landscaping was destroyed by efforts to fix the water leakage in the basement Results:Mulch is destroyed azound trees in back yard #17c. Location:Exterior Back Item Landscaping was destroyed by efforts to fix the water leakage in the basement Results:Mulch is missing from gazden azea adjacent to my house #17d. Location:Exterior Back Item:Landscaping was destroyed by efforts to fix the water leakage in the basement Results: One bush(west side of sidewalk,in front of deck)is dead #17e. Location:Exterior Back Item Landscaping was destroyed by efforts to fix the water leaicage in the basement Results:One bush(west side of side�valk,in front of deck)is missing #17f. Location:Exterior Back Item Landscaping was destroyed by efforts to fix the water leakage in the basement Results:Two bushes(east side of sidewalk,by basement window)aze dead #17g. Location:Exterior Back Item Landscaping was destroyed by efforts to fix the water leakage in the basement Results:Three hosta plants(east side of sidewalk,by basexnent window)aze missing I am faxing this letter to you direcfly,as well as sending you a copy in the mail. Thank you. Sincerel,_,y, � �� e M.Wilson CC: Lyle Oman,City of Orono Building Inspector Matt Siggerud,ReQuest Realty Charlie Durenberger,Minnesota Department of Commerce changes had been made,etc.,he was completely unaware of even what the different floor plans available were. He did tell us that he would give our phone number to his son and have him call us to answer any questions we might have. A suggestion might be that if Jeff or the designated realtor cannot be there,then perhaps the substitute should at least be minimally lrnowledgeable about the properties. I'm certainly not trying to tell you how to run your business,but rather .� bringing to your attention a seemingly less than professional impression that is/was being given out to prospective buyers. Lastly,I put in a request via voicemail to Bill Gleason on Monday,Apri130,2001 that we set up some sort of meeting or forum for the members of Lake Mumetonka Woods Association to speak with the boazd members. As I explained to him today when he returned my call,a complete lack of trust exists that was fostered from Day 1 with me and other neighbors by negligence in communication and actions,as well as outright lies on the part of Eagle Crest Northwest. I understand that your job has not been an easy one,but the manner in wluch you,as a company,are conducfing yourselves is rarely adequate or appropriate for the relationship we—and I'm sure you as the boazd members,builders and sellers of 20+other like properties--desire to maintain. Instead of getting together for friendly gatherings,our neighborhood joins to compare severity of problems and discuss how we are going to get Eagle Crest to listen,call us back and get problems fixed. I believe a fonun could be producrive in helping to stop the ongoing`war' between Eagle Crest and the homeowners,and get us all on the same side. I am faxing this letter to you direcfly,as well as sending you a copy in the mail. Thank you. Sincerely��_ �M.Wilson . Julie M.Wilson Lake Minnetonka Woods Fair,Isaac and Company,Inc. 3704 Livingston Ave 4295 Lexington Ave N Orono,NIN 55391 St.Paul,MN 55126 � (952)471-3631 (651)486-1849 Thursday,July 19,2001 Charlie Durenberger Building Contractor Investigarion Supervisor Minnesota Department of Commerce 857`�Place East Suite 500 Saint Paul,MN 55101 (651)297-7044 To Mr.Durenberger: I am writing to you with concems surrounding the behavior/activity of the builder of my townhome,specifically Eagle Crest Northwest,over the past year. My piupose is twofold: 1)to bring to your attention such delinquency as I have experienced on the part of Eagle Crest Northwest in hopes that your authority might prevent them from treating future homeowners in the same manner;and 2)to make you aware of one particular on-going problem,a problem for which Eagle Crest's current solution concerns me for the future. My neighbor,Cale Ramaker,who is having the same problems as I am, spoke with you earlier in the month. Per your instructions via him,I will be as detailed as possible concerning the problems. What is not noted in this letter should be menrioned in the prior letters to Eagle Crest and pichues I have included for your informarion. On the first issue,let me note that from day 1 there have been significant problems. The day of my closing(July 27,2000),I returned to my new home to fmd the main entrance blocked off by the city due to the fact the home oniy passed final inspection pending me not using the main entrance. Apparently,a deck footing had been forgotten, and therefore the deck and stairs that lead to the main entrance were not safe to walk on unril the missing footing was placed in the ground. T'hat same day,I found a water leak in the basement,and within the fust week,another one on the top floor. Following that,there were several gas l�aks am�ag a wide array of problems I would consider to be serious. I have included the more recent letters I have sent to Eagle Crest Northwest and pictures taken concerning problems in and around my home. Granted all new homes have quirks to work out,but the sheer quanrity and severity of these problems are a cause for concern,especially when considering I am certainly not alone in these difficulties within my new townhome community. Complicating the multitude of problems is Eagle Crest's negligence in returning phone calls and inforniing the homeowner concerning work that has been or will be completed on the house. I have called Eagle Crest concerning minor to major issues at least 50 times,with return phone calls from them 5 times at the most. When I call them to follow up on a phone message or phone call,they're response is consistently,"I'll look into it and get back to you." Not once has he ever gotten back to me. This unacceptable treatment prompted a letter written on May 17,2001 from me to Eagle Crest that requested written communication going forward. I received nothing from Eagle Crest in response to this letter. More importantly,though, is the second purpose of this letter: to bring to your attention a particular problem and the corresponding questionable process to fix this problem. Namely,beginning on Apri122,2001,I noticed that water had leaked into the basement,causing the exterior wall and carpet adjacent to the wall to be soaking wet. I called Eagle Crest that day,and as it was a Sunday,left a message on their machine. Eric,a customer service representarive of sorts for Eagle Crest,visited the site of the leak on Monday,Apri123,2001.At that time,I pointed out that the caipet was wet adjacent to the exterior wall,the carpet pad sahuated,and the exterior wall exhibited severai areas of wet markings. Eric said he would get back to me. By Thursday,April 26,2001,I had not heard from Eric nor anyone else at Eagle Crest,and more water had leaked into the house and carpet, despite my efforts to sop up the water with towels. I called Eagle CrPst this day and asked if I should pull up the carpet to let it dry. Eric's response was not to pull up the carpet,but instead to put a fan on it to dry it out,to which I complied. � As of Tuesday,May 1,2001,a little over a week after I had reported the water leak,I had still heazd nothing from Eagle Crest,the caipet was still sativated with the fan blowing on it and my use of towels to sop it up,and by this point there was visible mold growing on the exterior wall and trim I have included pictures of this in my letter to you. That day I also called Eagle Crest,and scheduled an appointment for that Friday to have Eagle Crest's service man,Jerry,out to look at the problem On Friday,May 4,2001,Jerry came out to my house. While there,he pulled up the carpet in the basement and closet area,removed the porkions of the carpet pad that were wet or saturated,removed the trim that eachibited mold visually,and cut out an approximately six-inch high piece of drywall along the majority of the lower level exterior wall,which was the azea where mold was seen and/or where the sheetrock was soft to the touch. Left exposed was the saturated wood framing,both green-treated and pine as well as the damp insulation and vapor guards. It should be noted that with only this small section of drywall removed,and no insulation removed,it was impossible to identify/locate the source of the water leakage(i.e.,cracks in the foundarion). He then insttucted me to place a fan on it,wluch I did. My next appointment was pushed back to Monday,June 4,2001,as Eric at Eagle Crest assured me that there was no rush in getting Jerry out again sooner to complete his work. In that time period,every time it rained,the cement flooring became damp,if not wet,as did the wood fran�ing on the wall. Additional azeas of visual mold continued to grow on the walls,and the area of wetness spread further west along the exterior wall to the azea of drywall that was not formerly removed. There was also a spot on the insulation that appeazed to be mold as well, though to this point I am not certain. I called Eagle Crest several times during ttus period and wrote them a letter dated May 22,2001 detailing the advancement of the problem I called Eagle Crest on Wednesday,May 23,2001,and spoke to Eric about my letter(also faxed to them)from the day before. My intenrion was to find out what the solurion to the problem was going to be,as I had heazd nothing from them,and questioning Jerry was a futile effort. Eric informed that they were going to air out the damp areas and then close them up. Case closed. I was obviously quite certain that this was not going to fix the problem, and was simply a band-aid if you will to address the water currently in the basement. I posed the question as to what would happen the next time it rained,wouldn't water still seep in? He didn't have an answer for me other than that if and when that occurred,they would look into ideas such�as assessing the grade of the land. Following tlus conversation,I called the City of Orono building inspector,Lyle Oman. I had asked him out to my and neighboring townhomes to look at the problems earlier in the month. At that time he had suggested that the appropriate fix might be to add drain tiling or a French drain to the base of the foundation to redirect water away from the house. He had also indicated that it was likely there were cracks in the foundation at the present time. In my phone conversation,I informed hun of my most recent conversation with Eric,and he was also displeased with Eagle Crest's lack of a solution to the problem. I then called the owner of Eagle Crest,Bill Gleason He had given me his personal phone number last October when I was having so many plumbing/gas problems,and I was getting frustrated with the lack of a response from his subordinates. He came out tt►at afternoon to my townhome and surveyed the problem on the interior and exterior. I siurm�arized what he had said to me that afternoon in a letter dated May 24,2001. In short,he proposed that the water leak was being caused by an inappropriate grade of the backyard that in tum directed water towards the house, and with time the water pressure,which was more than the foundation structure was built to withstand,caused leakage into the house. He suggested several ways to redirect the water away from the foundation,all wluch aze listed in the letter dated May 24,2001. As for fixing the damage to the interior of the house,he detailed to me the plan was to dry out the area,replace any parts of the drywall,wood trim and carpet pad that was damaged,to paint the framing wood with a sealant,and closing everything back up. The week following,the week of May 28,2001,Eagle Crest put in a drainage system directly to the south of the sidewalk,running along the sidewalk. For your information,the sidewallc runs pazallel to the north side of the townhomes,and approximately 10 feet froin the house. No one called to let me know this was being done or when; I just reiurned home one evening and found the garden area along the sidewalk tom up and mulch and dirt strewn everywhere. When I called Bill at Eagle Crest to inquire if something had been done,he detailed the above and informed me that they were finished with the solution to the problem on the exterior. � Jerry came to my house on Monday,June 4,2001 to complete the interior fix. However,he did not have any drywall with him,so he could not replace the wall. Instead,he simply cut out a larger portion of the drywall,an additional2 inches along the wall and about 6 inches fiuther towards the west,in response to the additional azeas of mold growth and wetness. He then placed a fan on the azea to let it dry. Jerry returned on Monday,June 11,2001 to close up the wall. He did not ever apply a sealant to the wood,as Bill Gleason had detailed in his conversation with me. On Tuesday,June 19,2001,I came home in the evening to find the entire back yard torn up from the gazden area to the sod in the yard. There were bushes xnissing,all of the sod and mulch was gone,and there was dirt in piles everywhere,including all over the sidewalks leading to the main entrances. No one gave me prior notice of this work,via phone nor letter,and therefore the company I had that evening was forced to use the garage entrance,as it was not possible to come in the main entrance with all the debris. I called Eric at Eagle Crest the next day,and he said that another drainage system was added to the base of the wiadow wells. I asked if a written document would be sent to me detailing what the solution had been,and he said yes. I have received nothing&om Eagle Crest. I did speak with Lyle Oman,the City of Orono building inspector,on July 18,2001 by phone,and he confirmed this solution and provided a bit more detail. He also told me at this that he approved the system,but that it wasn't his first choice for a solution. He stated that he would have prefened that the drains go to the bottom of the foundation, but that he hopes this will work also. I have to admit that it concerns me when even the city inspector is wary of the solution,considering it to be sub-par. As it stands,today,Thursday,July 19,2001,the backyard still remains as it was that day a month ago: in disarray with mud and dirt everywhere,missing and/or dead bushes,no mulch and no sod I have called Eagle Crest multiple times to find out when they are going to complete the landscaping,and each time Eric tells me it will be done `next week' At the end of the day,I will yield to the fact that Eagle Crest is indeed taking steps towazd a solution,however painfiil the process may be for me,the homeowner. My most pressing concern is that the process they arE taldng is one of trial and error instead of architectural design and engineering reasoning and methodology. Their behavior has seemed to indicate a priority to take the least expensive and most hassle-free route on their part that is a short- term diffusion of the problem—and not necessarily the correct responsive,long-term solution. For example,I find it peculiaz that Eagle Crest is unwilling to remove the drywall from the basement walls in order to locate any possible cracks that need to be sealed. � Unfortunately,complicating the issue at hand,time is no longer at my disposal. My yeariong builder's warranty expires on July 27,2001. Lyle Oman indicated to me that these problems aze covered under that warranty,and that the responsibility will be mine after that year is over. Therefore,my concern in writing to you lies in that we get tkus problem addressed and fixed properly,not sirnply diffused for the rime being,before my warranty expires. It also concerns me that we have had no rain since the current fix to the problem,so there has been no true test of the recent drainage system. Specifically,I wonder about the following issues: 1)whether the grade of the property needs to be adjusted; 2)whether there are cracks in the foundation that Eagle Crest is choosing to ignore(to this point,I stress paragraph 4 in the letter dated May 24,2001); 3)whether the fact that the sump has never had an ounce of water ia it through this whole process is a contributor to the problem; 4)whether the new drainage system is going to work once it rains again; 5)in the case that the new drainage system doesn't work,whether moisture will get trapped in the walls and cause the wood and drywall to rot and mold once again;6)whether ttus water pressure and resulting leakage has caused pern�anent damage to the foundation walls and the supporting and framing beams adjacent that may be a hazard to me or any fuhue homeowner;and 7)whether I will have any recourse due to the fact that this is an ongoing problem that is only still a problem due to Eagle CresYs ineptitude to fix a problem without cutting corners. Thank you for listening. Cale Ramaker,my neighbor who spoke with you earlier in the month,had indicated to me that if you saw a legitimate need for intervention,that you would put one of your engineers on the project to investigate the problems and many failed solutions. I am very curious to l�ow your thoughts on the issues at hand. You may reach me at either of the above phone numbers—please call me at the St.Paul number during the day,and Julie M.Wilson Lake Minnetonka Woods Fair,Isaac and Company,Inc. 3704 Livingston Ave 4295 Lexington Ave N Orono,MN 55391 St.Paul,MN 55126 (952)471-3631 (651)486-1849 Tuesday,July 24,2001 Lyle Oman _ City of Orono Building Inspector � -��`-�'4�'�:% 2750 Kelley Parkway PO Box 66 � ! '� 7 ��ea� Crystal Bay,MN 55323 (952)249-4600 �. �. , --.` �:�-i�;��`� Lyle Oman: Enclosed is a copy of the letter(s)I have sent to the Minnesota Department of Commerce. Thank you for your time. Sincerel.y, ' \xuli� JV\�� M.Wilson Included:July 191etter to MN Dept of Commerce,certified mail July 191etter to Eagle Crest,certified mail May 241etter to Eagle Crest,certified mail May 22 letter to Eagle Crest,certified mail May 171etter to Eagle Crest,certified mail May 1 letter to Eagle Crest,certified mail � the Orono number during the evening. If I do not hear from you within a week or so,I will call you if only to ensure that you have received this communication. And once again,thank you very much for your time. � incerely, . '��r � M.WIISOII Included:July 191etter to Eagle Crest,certified mail May 241etter to Eagle Crest,certified mail May 221etter to Eagle Crest,certified mail May 171etter to Eagle Crest,certified mail May 1 letter to Eagle Crest,certified mail Photographs of above problems CC:Lyle Oman,City of Orono Building Inspector Matt Siggerud,ReQuest Realty Eagle Crest Northwest Bill Gleason,Eagle Crest Northwest , Julie M.Wilson Lake Minnetonka Woods Fair,Isaac and Company,Inc. 3704 Livingston Ave 4295 Lexington Ave N Orono,MN 55391 St.Paul,MN 55126 (952)471-3631 (651)486-1849 Tuesday,August 7,2001 Lyle Oman City of Orono Building Inspector 2750 Kelley Parkway PO Box 66 Crystal Bay,MN 55323 (952)249-4600 Lyle Oman: Enclosed is a copy of the letter(s)I have sent to Eagle Crest Northwest,Inc. Thank you for your time. Sincerely, + J i M.Wilson Included: August 7 letter to Eagle Crest,certified mail July 25 `Customer Request for Service' form and communication from Eagle Crest August 2 `Customer Request for Service' form from Eagle Crest , Julie M.Wilson Lake Minnetonka Woods Fair,Isaac and Company,Inc. 3704 Livingston Ave 4295 Lexington Ave N Orono,MN 55391 St Paul,MN 55126 � (952)471-3631 (651)486-1849 Tuesday,August 7,2001 Eagle Crest Northwest,Ina P.O.Box 47333 . Minneapolis,MN 55446 (763)553-2726 (763)553-9953(fax) To whomever it may concern: • I am writing concerning the communication that has resulted&om my 11-�nth walk-through. Eric,from Eagle Crest,was at my house on Monday,July 23,2001 with a copy of the list I had sent to Eagle Crest on July 19,2001. While at my house,Eric stated that all of the items on were covered and would be fixed under the builder's one-year wazranty. Let me remind you of these items below. #1. Location:Exterior Front,both sides of driveway Item Sprinkler System has not turned on all spring. Results:The grass is brown and dead #2. Location:Exterior Front,to the east side of the driveway Item:The land and/or landscaping was not graded and/or landscaped properly Results: Landscaping mulch has been washed away #3. Location:Exterior Front,deck Item:Paint on handrails and spindles is flaldng off Results:Wood is exposed and therefore more likely to rot #4. Location:Exterior Front,deck . Item:Floorboards have never been sealed or painted _ Results:Wood is exposed and therefore more likel�+to rot #5. Location:Base�nt Item:Ceiling Vent Dysfunctional Result:Heat dces not Aow to the base�nt #5 Location:Basea�ent Item:Sum�p has never filled with water Result:With all the base�nt flooding we have had,it is likely that the sump is stopped up or not functioning properly,and therefore is not relieving the water pressure surroundiag the foundation as it should (this is per Bill Gleason,May 23,2001) #7. Location:Basement Item:Gap in diyvvall at the socket (This occurred during Jerry's work from the water damage) #8. Location:Main Floor Bathroom Item Toilet does not flush properly. (Note that this continues to be a problem&om the 30-day walk-through) #9. Location:Main Floor Bathroom Item:Door sticks Results:Door is difficult to close and open #10. Location:Living Room Item:Crack in drywall by]dtchen counter #11. Location: Stairway(to the upstairs) Item:Crack in the drywall by dining room ceiling � #12. Location:Master Bedroom Item:Door sticks Results:Door is difficult to close and open #13. Location Second Bedroom Item:Door sticks Results:Door is diffi�cult to close and open #14. Location:Exterior Back Item:Stairs no longer rest on the sidewalk Results: Stairs do not support weight properly #15. Location:Exterior Ba�k,deck Item:Paint on handrails and spindles is flaldng off Results:Wood is exposed and therefore more likely to rot #16. Locatian:Exterior Back,deck Item Floorboards have never been sealed or painted Results:Wood is exposed and therefore more likely to rot #17a. Location:Exterior Back Item:Landscaping was destroyed by efforts to fix the water leakage in the base�ent Results: Sod is missing in back yard #17b. Location:Exterior Back Item:Landscaping was destroyed by efforts to fix the water leakage in the basex�nt Results:Mulch is destroyed around trees in back yard #17c. Location:Exterior Back Item:Landscaping was destroyed by efforts to fix the water leakage in the basement Results:Mulch is missing ftom gazden area adjacent to m}r house #17d. Location:Exterior Back Item:Landscaping was deshoyed by efforts to fix the water leakage in the basement Results:One bush(west side of sidewallc,in&ont of deck)is dead #17e. Location:Exterior Back Item:Landscaping was destroyed by efforts to fix the water leakage in the basement Results:One bush(west side of sidewallc,in front of deck)is�issing #17f. Location:Exterior Back Item:Landscaping was destroyed by efforts to fix the water leakage in the basea�ent Results:Two bushes(east side of sidewallc,by basement window)aze dead #17g. Location:Exterior Back Item:Landscaping was destroyed by efforts to fix the water leakage in the basement Results:Three hosta plants(east side of sidewallc,by basement window)aze missing On July 25,2001,I received a`Customer Request for Service'form from Eagle Crest,with 10 items listed on the form. These 10 items were as followed. #1. Front Sprinklers do not work/Dead Grass/Mulch Eroding #2. Paint on Both Decks flaldng off(and then something illegible) #3. No Air Flow out of Register in Basement #4. Gap in Drywall At socket in Lower Level #5. Main Floor Toilet does not Flush #6. Main floor Bath Door Sticks #7. Living room Crack in Drywall By Snack Ledge #8. Crack By dining room Stairs #9. Master Bdtm door sticks #10. Second Bdrm door sticks � Attached to this form was also my letter,detailing the above 17+items. Next to each of the items 1-16 were written initials or names. Item#17 and its parts were simply circled. Note that of the 17+items that total 23 total itcros, only 11 of these items were listed on the`C�stomer Request for Service'form&om Eagle Crest On July 26,2001,I called Eagle Crest and spoke with Eric. I reported to him that there were itet�missing from the `G�stomer Request for Service'form,and went over the corresponding items with him. He replied that my letter would also be sent with the form so that the workers would l�ow that not only should they address the pmblems on the form,but also the problems in my letter. With this statement,he added tl�at ite� 17a-17g were to be addressed that week when the landscapers were to be out to my house. Nonetheless,for the sake of keeping an accurate record,I asked Eric if he would mind adding the missing items,namely#2,4,6, 14, 16, 17a, 17b, 17c, 17d, 17e, 17f and 17g to the`Customer Request for Service'form. He said that he would do that. I also asked Eric if he would send me a copy of the aznended`Customer Request for Service'form in the mail,and he said that he would do that. On Augvst 2,2001,I received the second copy of the `C�stomer Request for Service'form as requested. However,the only item that had been added was item#14. Specifically,the form was a duplicate of the first,with the following line added: #11. Stairs not on Concrete-Stabilize I am writing now to request that the other 11 items,namely#2,4,6, 16, 17a, 17b, 17c, 17d, 17e, 17f and 17g, be added to the`Customer Request for Service'form. I also request that a copy of the new form be sent to me. Thank you. As an additional comment,let�bring to your attention that in excess of two weeks have passed since my walk-through,and I have had no contact from Eagle Crest nor Eagle Crest's sub-contractors concerning the work that needs to be done. I hope I can expect to hear from one of the above parties within the week for the purpose of setting appointments to complete the 23 items from my 11-�nth wallc though. Lasfly,the landscapers were out to my house on Tuesday,July 31,2001. At that time,they re-sod the back yard,nwlched the garden azea and around the trees,and added ta+o bushes to my garden landscaping. These efforts addressed items 17a, 17b, 17c, 17d, 17e,and half of 17f(note: 17f detailed two dead bushes and only one was replaced). After these landscaping efforts,it rained all day Wednesday,August 1,2001,and then I left my home for a trip out of town on Thursday,August 2,2001. When I retumed from my trip yesterday,Monday,August 6,2001,the sod was dry and dying. I called Eagle Crest and le8 a phone message at 11:30am Monday,August 6,2001 stating the above problem,and that I had been home all day,noticing that the sprinklers had not turned on once. When spealdng with my neighbors,I was told that the sprinklers had not turned on since the sod was laid the Tuesday prior. They had also infomied�that it had not rained since the Wednesday before I left. Yesterday,Monday,August 6,2001,a man caa� out and fixed the sprinklers in the back yazd. I simply wanted to make you aware of the full pre-existing situation,in the even that the sod does not retum after its 5-day drought. I am faxing this letter as well as sendiag a copy in the mail. I am also enclosing photo copies of the`CusWmer Request for Service' forms I have received Thank you. Il1CCIC1 � w ' M.wilson CC: Lyle Oman,City of Orono Building Inspector Matt Siggerud,ReQuest Realty Chazlie Durenberger,Minnesota Department of Commerce Bill Gleason,Eagle Crest Northwest,Inc.and Lake Minnetonka Woods Association , , � ' �t�..t.c� ,�L 1�11`LSJi�� "' 2 S- �1 � Eagle Crest 1�Torth�est, Inc. ♦ `A Sound Investment" � Customer Request for Service Customer �t-��"� !-''� 110 � Dat�"" � � ' � / (Piease Print) Customer Address ��'a t� L ,`,; � ..� � � � . 1�� f Home Number �i c►-. o ��`' r Daytime Number Pre-Close Wallc Thru Date Time E.C. Rep. This is our _30 Day Request for Service ,� 11 Month Request for Service Attention: Service Department �"' _ ''- , ,jl .t. �f� ' � �- r ' P r7� � t..,,,r�C / �, G' � �J ��a �S Y,� ��.. a� .i L. 'i a 1 fc 1� . J'y'�"�` ,� c✓ -i ! ,7� �[ L' i. .�.. G�" P>. / �P / /� • �..J'G..�!"� y''.�.� �:; , n .i " a; „ � � H -�- i'�. � �' �, �• f' ` ri t^ J. �- P�t � /�'G� • , � `r".< r 7r � / f ,� '.>'r'r r•�� .t S= /c{ �'�',- � c. .< • �r.��f ...�� , � Ic ' Cf G�o�_ s r� .r�'d r � ,�:L l� , r-: .�, y =.Gr// �'�,y �'n.� t k � �`..P �� C.- •e:� �G /•' f�� t . �!� , �'" �:FGr� .1—fc, t r � "!E, .� � .; f r, . Oc a/ ' ..1- � � 't � .�C.r. •,l� �� 1 �- rG , Your attention to this matter is appreciated. Sincerely, (Clistomer Signature) (For office use only) Date Appoirnment Time 8t Day ' WHITE-office copy cANA1tY-service nept,copy PnVIc-cusca�a cc�py n� n_.. A'7AAA � \I:._-----r._ ��u �.-•.-, nnnn �i::0-o1 FR1 10:�5 PAI 851 TR3 �)�86 P�:RIS��C (�u0: • r �"�-'`� � �� 7`� �'o`( -��`' ,� . �U�.�W L .�� r� �-ZS- 1 ��cY � JuUe!�i.Wllson ��to�ca Woods Fair,lat�c acd Company,Inc• 3704 LiviaQston Ave 4295 Lexinetat Ave N Grono.r�i SS39t St.Paul�M*( 33126 ♦ (952)�?1-3631 �651)4t6-1g49 r. �m,�saaV,�,�y is,zooi Fag1e Catcst Northwesc,Ltc. p.p.Box 47333 Mianeapolis,Mlv 55446 (763)553-2�26 (763)SS3-9953(fax) To whomevrr it mry concero: [am writivY concecniug the dctsils of thc itesfos I intend co cover ca nry 1]-month walk-t�ou�h. Sh� �1. Location:Exteriot Fmne,both sides�f d:iveway � /� � � Itcm:Sprinkiec System has noc tumed oa al:spring. jl! Itesults� fho gras:u brown and dead, *2. Location:Exterior Fron:,ro tbe east side of the drivewey f ,f�' item:Tbe land and/or landscaping was not rrsdcd and'or landscaped properly ��(^ ,.1�0 �ulb: Landscaping�l:h has been waahcd away �ld r�3. Locadon:Lxterior Fiont,deck �_ �, �� It�m:Psiat on har�draik and spindlaa u flakin�off � �� Resulu:V1i oud is ex�.w�ed and tnercfore more likely co rot � ' V`� �� y'\ _,#4, i.,c,cation:Exterior front,deck �. � 6' � ltem:FtoorboacSs have never b«n sealed or painted �/ � atesutb:Wood is cxpoeed and thetefore ma�e likely to rot • f� �� —�r5. I.ocation:Basement /P� Item:Ceiling Vcnt Dyafunctional C4 � a e. 4� � Recult:}�est does not Iluw to ihe basennern � �#G Location:Basement . Ium:Sump t�s nevor fil!ed with water � i� � Result With all tha lmsement fioodiag we ha►ve N.ad.it ia Lke1y t1�at the snmp is stopped up or not sul � �m:tioning pmperly,and therefore is not ctlievina�.1�c water preasuce suuounding the fownderion es it ^ � C, ' � .�p should (this is pec Bill Glesson,?viay 23,2t)O 1) � c� ,.�7. Locaaon:Basement �� Item:Gap in drywall at the socicet ,�� (?hfs occuaed durin�Je�ry's work from the waur damega) � � � --�8. Locadon:�faia Flour�athroom � �� a— C. �� Item;Toilet does nct flush proper�y. �.,,� •�� . (Note that thi�coatit►ues to be o prublem from the�30-day walk-�hzo��D) - � .� ��9. LoCation:Main Floor Bathroom � ` ltam:Door sticks � . ' �� Results:Docn ia difftcult to close and npen ..- �. q l U. La:ation:Living Room �� i� � I�o�m:C�rack in dtyv��a]l Ly l�tclun cocntar �� < �i� . � � � Oi,•`:u• n] FRI iC:�S F:�.T 51 ;�s �JSd F�IRIS.9.�C ��Ug . • � • � ``o,;�''`'�p�,�. ,,,c�. �„��,�''r�`'�`'� u�t, 'V�� &�f �,�, �� !l11. Location_Stairv►�ay(to tha upstairs) �j'� � � lteus:Cracl:in the dtyw�ll by diniag room cc�ling �/ � � �TB. I,or.arion:Master Bedroom l�em:Door sticb �., L . Results:Donr is difticult to close aad opan i #�13. Locad��a: Second Bcdsoom / � It:m Door s�cks � �` ' Itnsuits•Duor ls dif5cult to close and opep .-�'14, �.uc3rion:$xterior Back item:Stairs no loagex rost on ihe sidcwalk ��G o/ �-� • - Results� Staira do not snpport�voight Froperiy �l S. i..ocadon:Excrrior Back,deck � Item:psi�nt��headrails and spi�►dles is flaking off � ' Results:wood is exposed and�herefo:e ru�rc likeiy.o rnt —+K16. Lor.atian:Exterior Back,dtck Itcm:Floorboa�de bave never been seuled or paia�ed � Results:Wood is e�xDosed end therefoie more like:y to rot :�17a. Locaqon: xttnor Back 7tetn:Len3sraping was destroyeci by effurts ro fix tt��atec kalcagc in tne hasam.ent Resu2ts:Sod is�rassino in�ack yard #17b. Locaton:Exterior Back � Item:I.andscapulg was destroyed by cfforts tu fix fhe wster lwkape ia the tasemera Re.sul„S;Mulch is dac�royeo aru�and t:eea in back yxrd ifl'c. Location:Exterior Sack Item:L,andscaping a•as destroycd by efforts to f�x the uatzr leala�ge iu the basemcnt Tttsults:�VlutcL is rois�ing&om gRrden araa edjecent to nry hause #17d. Lncatiun:Ex[triur�ack lte�n:L.ndscapinK was destroyed by effnrts to hx the watet leakage in rhr.bas�n�ent Results:Oc�c bush Iwest side aP side�alfc,i�frotu�f decic)is des� #17c. Locatibn:8xtenaz Back lcem:Iandscuping wae dessroyed by�fforts to fuc rho water Sezkage;n tiic basemene Results�O�bueh(wrst side rf sidewalir,in irunt of deck)is�riissing ;�17f. Lucation�Ext�cior Back Ttr.m:I.nndsc�ping wrs dex�o}+ed by cf�'orEs W fIx tbe water leekage in tt�e bascr.�.nt l2asulta:Twu bushes(east side of sid�walk,by bases�ni window)u�e d�ud �17g. L�acion Ext..7ior Back [tem:Landscapin�W�ss d'stroyed b}ecrocts to fuc thr watsr leikage in the bastment ults�Thrae hosta pl�nta east side uf sidewalk by basernet�t vnndow)aze mi�sut� �i� t am faxing c2�is leRer:u yon dicectly,as well as undmg yaa a capy in tho rna{l. Thank you. 5incertiy, Julie M.Wilsnu . CC_ j.yle Omau,i.�icy of Qrono Building Iaspr.cwr Mstt Siggeiud,RtClue:[Rualty � �,"harlie DurenbetYer,M�nnesafa l�egaruner.t oECorncnrico sz �� 3 i ��,�,.� �S 1 �� `��1 U� �{�., , � vCO�.. ��w;�� 2 , �� w.�.. � Fagle Crest 1�Torth�est, Inc. ♦ `A Sound Investment" Customer Request for Service � Customer ,�G,/,�c l�� Iso �, Date�-- Z� �� (Please Print) Customer Address ,�yo tt L �`� i ,�,,,c�� /�i� Home Number m��o �^ � Daytime Number Pre-Close Walk Thru Date Time E.C. Rep. This is our _30 Day Request for Service �(11 Month Request for Service Attention: Service Department � ��, �-, � SA'.f ; -, �-i�, s . �� .�,► � �--di� / /J �w G'-- , s </� 4/c f ��o.l � a r � / /c ' 's ca � F�P oa.. . r d i� /o m k-,' o.� e ' c �' ��,f �•.C n . � .� � a o � � � �a� .�� .� � ' /G` � ' P � r �t f/ �'s•'♦ oi .� o.; ..f ' G� (3/ G, i ✓ : ►.,��/`L6 ►1 G /AG�� ✓l ,�f' `rG�'J��1� Jlh�f C � L n..P 4� � � � k � � t � a / �/�1 /' /'l .�-7'�i�� !! � r h G e� �' Go ^ : -�-i�G �f — :l � -1- � , 4 C� !f- � 7 O j l .� Your attention to this matter is appreciated. Sincerely, (Customer Signature) (For office use only) Date Appointment T'une&Day WHI1E�ce Copy CANARY�ervice Dept Copy PINK-Customa Copy � � � - - - --- - - - -- -- - - - -