This is the entire email thread between the homeowners and CW Custom Builders

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Contents:

• Weak Stud
• Missing Wall
• Warped Subfloor

Hi <Me>,
Rob said the garage door is waiting for an insulation kit that gets attached to it. So it will be insulated as you requested. He also said that the floor and the stud will pass inspection. I will bring it to Dustins attention.
Rob ask that you not go into the house once again. I am sorry, but the insurance issue is a huge factor. I will be in New Hampshire this weekend for a wedding so will not be able to get you in the house. They will be locking is soon I am guessing.
I resent the question about the hotwater heater. Yes it is a 40 gallon unless you got the luxury bath then it is upgraded to a 50 gal. But Rob will have to answer the other questions.

Linda

-----Original Message-----
From: <Me>
Sent: Sun 7/9/2006 1:35 PM
To: Linda Tidd-Dickstein COLDWELL BANKER
Cc:
Subject: Re: Fwd: Lot ##

Linda,
I have a couple more items to have you bring to the builder's attention.

1. There is a very weak 2x4 stud in the wall between the half bath and
living room. (See attached picture) The hole left from what was likely a
knot in the wood has left only about 10% of the wood in that one section
so this particular stud will not provide any structural support. We
would like this stud swapped for a new one, or at the very least to have
a new one laminated to it to reinstate it's original integrity.

2. There is some warping/swelling in the OSB subfloor in the master
bathroom around the hole for the toilet. (See second attached photo)
This will need to be fastened down with some screws, or replaced.

3. The garage door is not an insulated door as was specified in the
contract. This will need to be swapped for an insulated door.

4. The 2 foot wall in the dining room has not yet appeared. I don't know
if this is still a pending item on Dustin's list, but I wanted to make
sure to raise the issue.

Please let me know if there are any questions.

<Me>

Linda Tidd-Dickstein COLDWELL BANKER wrote:

> Hi <Me>, I have forwarded your e-mail to Rob Lupe, as I have all other e-mails regarding this issue. As far as me meeting you every Sunday at 12:30, I am not available every Sunday at that time. I will certainly do my best to meet you there when it is suits both of our schedules. I have out of town buyers and weekends are their only time. I am sure we can rectify this issue so please do not stress over it and I am sure if you talk to all your neighbors you will find they love their homes and are very happy with the house they are living in.. We certainly have had issues, but we do take care of them. The floor plan was changed on one of the houses previously with the dining room wall opened. That is what they wanted. I am not sure why it was the same on your house. They may have decided they liked it this way better. If you want that wall put back to the origonal black lines I will talk to Rob about that too.
> Linda
>
> -----Original Message-----
> From: <Me>
> Sent: Fri 6/23/2006 7:12 PM
> To: Linda Tidd-Dickstein COLDWELL BANKER
> Cc: <My_Attorney>; <My_Wife>
> Subject: Re: Fwd: Lot ##
>
>
> Linda,
> It is simply unacceptable that the builder would even consider delivering a house with a hole of this nature in the side of it. We are not under contract for a house with structural defects, nor did we put down $25K (nearly a year ago) with the intent of allowing our home to be constructed with sub-par methodologies. This damage simply needs to be fixed, and there will be no compromising on this point. We simply will not pay for a home that is inherently defective, and allows easy access to the interior of the home by any 6-legged creature that is lucky enough to find the hole that was made by a careless builder.
>
> I had not originally intended to voice my displeasure with the fact that our blueprints were not followed in the construction of the house to-date, but I am quickly rethinking this plan. I am no longer confident that the house will be properly constructed without my direct oversight every step along the way. Furthermore, if adherence to the blueprints is not a priority, I have no reason to believe that the rest of this deal is going to adhere to any of the conditions laid out thus far.
>
> I am not interested in being your worst customer, but I am certainly not going to allow my builder and my Realtor to blatantly disregard my best interests and exploit me for personal gain. Just as I no longer have any confidence in the builder's ethics or building standards, I have no confidence that you are appropriately representing my wife and me since you are failing to ensure that the builder adheres to reasonable standards of construction.
>
> In order to mitigate our risk of further indiscretions, and still maintain adherence to the policy of not trespassing on our lot, we will need to set up a standing appointment to have you meet us at the house every Sunday at 12:30PM so that we can inspect the construction to ensure that further damage is not concealed.
>
> You'll note that I have copied my attorney on this message to ensure that the one person I believe to have MY best interests in mind is fully aware of the situation that is currently presenting itself.
>
> I ask that you please remember that you have agreed to represent not just the builder but Le and me as well. If the situation worsens, I will have no problem walking away from this deal. I will not invest my money into a house that is not constructed to the standards that were agreed upon, and now that the market is softening, it is looking like an increasingly amicable option.
>
> <Me>
>
>
>
>
> ____________________________________________________________________
>
> Hi <My_Wife>, I did send your e-mail to Rob and he said that the house will be energy star rated and that this will not affect that at all. Please be sure to be careful about entering the house. You are not suppose to be there without me or a representative of the builder. Please especially do not enter the house while there are workers there. You are not covered under the insurance if you should get hurt. The builders are adamant about this. Once the house is locked up you will have to call me to let you in. They lock it up as soon as possible.
>
> I am very excited to see progress after all this time. What are your plans on selling your house?
>
> Also <My_Wife>, please use ldickstein@cbpp.com for a faster response as I check this one daily and multiple times a day. Thank you.
>
>
>
>
> ---------- Forwarded message ----------
> From: <My_Wife>
> Date: Jun 18, 2006 8:04 PM
> Subject: Lot ##
> To: "sellahous@aol.com" <sellahous@aol.com>
>
>
> Hi Linda,
>
> <Me> and I were at the new house today and noticed that there was some damage on the particle board facing the front of the house (what would be the dining room)... Can the builder replace it before they go any further? It looks like they already wrapped the front of the house, covering that piece and would have to undo it in order to replace it. We're concerned it needs to be fixed right away before it gets more difficult because it certainly can't be left that way. We wanted to make sure that it was fixed and not just closed up.
>
> Attached is the picture of what we are referring to.
>
> Thanks for your help!
>
> Cheers,
>
> <My_Wife>
>
>
>