Complaints

• Initial Complaint

  05/26/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I purchased a newly built home built by Prescher Custom Homes in may of 2022. During the recent rainfall in April, my home flooded. I had a pool of water in my driveway that flooded into my garage. Water also seeped through the floors and flooded the inside of my home. I suffered property damage and possible mold inside of my walls. The cities engineer came out April 28th to confirm that the drainage, grading, and elevation plans were followed. The engineer verbally confirmed that they were not. The builders are not taking any responsibility. I am left with a home that will flood anytime there is heavy rainfall. I am unable to sell/rent this home because of this issue. I do not know what to do. Please help.

  

  Business response

  05/26/2023

  Prescher Custom Homes was contracted by *******************************, previous owner of 210 ***** ********* to build a house.  Prescher Custom Homes did not sell the house to ************************* or have a contract at anytime with **************************  

  The *****************, ** requires a building application and an engineered foundation design along with various other requirements to obtain a building permit.  Once a building permit is approved and building begins, the ***************** requires multiple inspections along the build process.  To be able to proceed, you must pass the inspections by the city inspectors.  The City required a drainage plan.  The City provided the land contours to the licensed surveyor.  A drainage plan was submitted for the property using the finished floor elevations the City provided with the contours of the property.  *********************************, city developer, advised via email the city's engineers approved the drainage plan submitted.  ***************'s required minimum finished floor provided is 594.00.  The house built at ************************************ has a finished floor of 595.2".  The finished floor elevation letter from a licensed surveyor is attached.  The house was built higher than the required minimum finished floor.  The elevation plan was followed.  

  Prescher Custom Homes, followed every guideline and inspection required by the *****************, ** before, during and after the build on ***************************************************************  The builidng permit, the engineered foundation, the form board survey and the final certificate of occupancy are all attached.  

  The building application was submitted for this address - ******************************************** on 1/10/22 - along with the application, the engineered foundation design and house plan were submitted.  On 1/14/22, the ***************** approved the building permit, which I have attached to this response.  

  Before Prescher Custom Homes poured the foundation for this home, Prescher Custom Homes had a form board survey done by a licensed surveyor (attached).  This was turned into the ***************** inspections and to ********************************* (city developer).  This form board survey was  approved by the city and the foundation was poured.  After the foundation was poured, the city inspector also inspected and approved.

  The building process continued.  Upon completion of the house, the final inspection was done by the *****************.  A green tag was issued and the final inspection passed in all areas,  on 5/16/22 a certificate of occupancy (attached) was awarded for the property by the city, signed by the building official and the fire code official.  A green tag is issued and a certificate of occupancy given when all building inspections have been met by the builder.  

  On 4/26/23, the ***************** had a flash flood.  This was an Act of Mother Nature.  Prescher Custom Homes was made aware of the flash floods and went down to ********************* the night of 4/26/23 during the flash floods.  Our findings, were the city needed to install additional culverts at the end of 200 **** to help with their infrastructure and water drainage.  On 4/27/23, Prescher Custom Homes met with the city manager, ***************************** at 9AM.  We shared our findings with her.  *****************************, city manager, agreed to installing two culverts to help with water drainage to the area.  Since these culverts were installed by the *****************, there has not been any flooding issues to 210 ****.  

  The city manager, *****************************, also agreed to dig drainage ditches in an alley way owned by the city, behind the houses between ******* *********************.  She also agreed to dig drainage ditches down the Locust Street easement that is beside the property at 218 **** *********************** does not own this property), to help alleviate any potential drainage problems.  The alley behind the houses and the easement on Locust Street are not owned by Prescher Custom Homes or ********************************  ***************************** went out and spoke with multiple homeowners in this neighborhood and told them of the city's commitment to do this, but needed the property to dry out to be able to begin the digging of these two ditches. 

  Prescher Custom Homes has reached out to ***************************** multiple times to get an ETA on when the ditch digging by the city will begin.  *********************************** previous response is that the land is still too wet because of the recent continued rains.  Today, 5/26/23, Prescher Custom Homes reached out two times to get the latest ETA of the city's ditch digging.  We were advised by email this AM, that she would get us an answer today.  At 3PM, we had not heard from her, we have reached out again via email and as of now, we have not received a response from the city on the ETA.  

  I will close by saying Prescher Custom Homes has followed every requirement by the *****************, ** and this was reflected by the Certificate of Occupancy provided for ************************************ by the city building official/inspector and the fire code official.

  Regards, 

  **** Prescher

  Prescher Custom Homes 

   

  Customer response

  05/30/2023

  Complaint: 20107868
  
  I am rejecting this response because:

  Prior to the heavy rainfall on 4/26/23, my home as well as my neighbors homes had standing water for weeks at a time as a result of normal rainfall.
  
  There were many attempts from my neighbors and myself to rectify this issue with Prescher as we have not been able to fully use our backyards because it is always wet with standing water. Again, as a result of normal rainfall. Some neighbors had to build makeshift walkways just to get around our yards.
  
  Prescher was made aware of this August of 2022 by my neighbor.In a failed attempt to rectify the issue, Prescher sent someone out to add dirt to the sides of our homes which made the issue worse. The unprofessional that was sent out confirmed adding dirt would not help and furthermore confirmed that the flooding is a result of improper elevation and non existent drainage.
  
  Our homes are visibly lower than the opposite side of the street as well as the field in the back. Because of this, water flows directly to our homes from both sides and sits and has nowhere to drain and no way to flow.
  
  The drainage plans required drainage ditches in the alley way which were not done at the time of building. With adding  the drainage ditch in the alley way, there is no possible way for the water to drain into the ditch or for water to flow to the front culverts. Our homes are not at the proper elevation that the plans stated they should be. This was confirmed by the cities licensed engineer from MRB Group on April 28th who spent days measuring or homes.
  
  *****, the city manager sent out an engineer, ********************* who works for MRB Group on April 28th, who verbally confirmed to me, that the plan was not followed. The ditch in the back was never created and the elevation numbers are not where they were supposed to be. I am still in the process of retrieving those records from the city. Furthermore, ***** stated that prior to building, Prescher was informed that this area flooded. This was never disclosed to my neighbors and I and proper plans were not put in place to prevent flooding.
  
  My neighbors and I purchased these homes built by Prescher as normal citizens not licensed in construction or engineering trusting Prescher as well as the ********************** to ensure our homes were built properly. To date, Prescher or the city have not taken responsibility for the constant flooding of our homes.The act of Mother Nature should not cause my home to flood and water to seep in through the floors.
  
  ******************************* hired Prescher to construct these homes to sale. Prescher had the burden to ensure all plans were followed as the contractors and the city to approve all permits. Prescher and the city are both liable for the property damage I have suffered and should be held accountable to reimburse me for my property damage, ensure any and all mold is removed from my home, and correct the elevation, grading, and drainage.
  
  I have a newborn, 2 year old, and seven year old residing in this home. Time is of the essence. This is Preschers work. ******************************* is not a professionally licensed contractor. Prescher and the ***************** share liability in this disaster. Loss of money, time, health, and stress is on the line.
  
  Regards,
  
  *************************

  

  Business response

  06/03/2023

  Prescher Custom Homes believes all houses on ********************* that they built, were built correctly - within the elevation and drainage, along with all other areas required to build in the ***************** and pass the city inspections.  Each house there received and passed all inspections by the city and each house was given a final Green *************** of Occupancy.  We believe these houses do meet the city standards.  

  Customer response

  06/05/2023

  Complaint: 20107868
  
  I am rejecting this response because:

  These homes built by Prescher Custom Homes flooded during heavy rainfall in an area that was not deemed a flood zone. 
  

  Water rose above my foundation all around my home and seeped through the floors. It is obvious these homes were not built at the proper elevation. Had they were, my home would not have flooded. I have attached the official report from MRB Group. The findings show different areas of my home more than a foot below what was required.
  

  Furthermore, culverts were clogged with construction debris that were not cleaned. The drainage plan did not work due to our elevation being well below the required minimum.

  Due to the elevation being below required minimum and clogged culverts, on April 27th my home suffered damage.

  If these homes are not fixed, we will continually have our homes flooded during rainy seasons. Our homes are now unlivable and will not last. 
  

  I am pleading with Prescher to do the right thing and work with an engineer on plans to rectify this elevation issue. I am also asking for Prescher to send out a licensed professional to inspect and remove all mold and replace my damage property.
  
  Regards,
  
  *************************

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