11 replies to this topic

[Max1234]

Hi,

We moved into new home built by Elliot Homes in August 2004 and noticed drainage problem in our front yard. We raised several service notices and also logged it in the annual home inspection. Despite escalating it up to General Superintendent Mel Duncan, still there has been no action. We have proper docuementation and paper trail of our request. What are our options as to Elliot Homes to act and to fix the drainage problem-
1. Complaint to the State Contractors Licensing Board against Elliot Homes
2. File complaint in Sacramento Small Claims court
3. Complaint to Better Business Bureau
4. Complaint to KCRA3

Any thoughts/advice would be appreciated.

Also, would it make sense to make it a group law suit i.e. co-ordinate with folks in the Riata community of empre ranch who are having similar issues and file a joint case against Elliot Homes?

Thanks for your inputs.

[Deb aka Resume Lady]

Hi,

We moved into new home built by Elliot Homes in August 2004 and noticed drainage problem in our front yard. We raised several service notices and also logged it in the annual home inspection. Despite escalating it up to General Superintendent Mel Duncan, still there has been no action. We have proper docuementation and paper trail of our request. What are our options as to Elliot Homes to act and to fix the drainage problem-
1. Complaint to the State Contractors Licensing Board against Elliot Homes
2. File complaint in Sacramento Small Claims court
3. Complaint to Better Business Bureau
4. Complaint to KCRA3

Any thoughts/advice would be appreciated.

Also, would it make sense to make it a group law suit i.e. co-ordinate with folks in the Riata community of empre ranch who are having similar issues and file a joint case against Elliot Homes?

Thanks for your inputs.

If the dollar amount you wish to recover falls within Small Claims Court parameters (you can check this out on the Sac Court website), I'd recommend going that route and do it by yourself. To file a larger, class action claim you will need to hire an attorney whose fee will be roughly 32% of what you are awarded in court (therefore you cannot emerge "whole"). Also, a class action lawsuit will take a lot longer than going to Small Claims Court.

What you may want to do is put one last request in writing, documenting the history of your concerns and requests, what you've been told/by whom/when or whether your concerns have been ignored, and letting them know that if you do not hear from them by such a such a date you will pursue legal action. Send the letter registered or certified mail (whichever one yields a receipt that it has been delivered). If you have a valid concern, this may spur them to action.

[Jaxx]

Hi,

We moved into new home built by Elliot Homes in August 2004 and noticed drainage problem in our front yard. We raised several service notices and also logged it in the annual home inspection. Despite escalating it up to General Superintendent Mel Duncan, still there has been no action. We have proper docuementation and paper trail of our request. What are our options as to Elliot Homes to act and to fix the drainage problem-
1. Complaint to the State Contractors Licensing Board against Elliot Homes
2. File complaint in Sacramento Small Claims court
3. Complaint to Better Business Bureau
4. Complaint to KCRA3

Any thoughts/advice would be appreciated.

Also, would it make sense to make it a group law suit i.e. co-ordinate with folks in the Riata community of empre ranch who are having similar issues and file a joint case against Elliot Homes?

Thanks for your inputs.

It's hard to believe there was no action at all. Did they say they thought there was no problem requiring repair or that they needed to do more inspections before deciding what to do? They must have made some kind of response even if they didn't fix it.

[Max1234]

It's hard to believe there was no action at all. Did they say they thought there was no problem requiring repair or that they needed to do more inspections before deciding what to do? They must have made some kind of response even if they didn't fix it.

Answer to your question- Elliot Homes response is that drainage problem in our front yard is caused by over irrigation by our neighbors. There are four houses on an inclined slope (hill) on our side of the lane. Our house is second from the bottom. The reason it does not make sense is that if it were over irrigation from sprinklers, then the water should run away in an hour or so. The water accumulates underground and bleeds from various points in the front yard and keeps dripping away all 24 hours for prolonged period of time. Elliot Homes says that if neighbors would not over-irrigate then water would not accumulate and then it would not continue to drip. As for this problem in winter when sprinklers do not run, then Elliot Homes blames nature for rains. Either way, I keep having water continuously dripping away creating slick, slimy mossy growth on the sidewalk which is a security hazard for walker by.

I did consult the landscape folks and they all believe that this is a drainage design defect which Elliot should fix. For some reason ( and I cannot guess what), Elliot Homes does not seem to be a mood to fix and that is why I need to explore ways to convince them to fix it.

[Max1234]

Thanks. I am going to the Advisory office of Small Court today to find out if I can file a case against Elliot Homes. I am not a legal expert and I believe that when we purchased the house then there were some papers signed relating to going the "non adversial" way of resolving disputes by mediation and that we cannot go via trial by jury, etc etc.

Meanwhile, if anyone has address or contact information/names fo Elliot Homes senior executives then I would like to CC them on my correspondence with Elliot reps stationed here at Iron Point. Please let me know.

Thanks

[Deb aka Resume Lady]

Thanks. I am going to the Advisory office of Small Court today to find out if I can file a case against Elliot Homes. I am not a legal expert and I believe that when we purchased the house then there were some papers signed relating to going the "non adversial" way of resolving disputes by mediation and that we cannot go via trial by jury, etc etc.

Meanwhile, if anyone has address or contact information/names fo Elliot Homes senior executives then I would like to CC them on my correspondence with Elliot reps stationed here at Iron Point. Please let me know.

Thanks

Does your contract say you have to go through arbitration?

[Redone]

Wouldn't it just be easier ( and cheaper ) to go to Lowe's and get 40 ft. of pipe and put it in yourself? You wouldn't have to worry if anybody's sprinklers were on all day.
CC Harry if you like, try formatting the same as other company e-mails you have.

[Max1234]

Found out that just like everyone else who bought in Riata, we signed agreement to resolve disputes via mediation and arbitration. Cannot go through courts.

It is not an easy solution to just put in a 40 ft pipe. It involves ripping concrete and ripping side walk ( which is city property and you would need city permit- which they probably would not give to an individual). Also, where would I put the output from the pipe- in front of my neighbor (whose house is at a lower level than mine)? Nope- it would just pass the problem to him.

[mylo]

Found out that just like everyone else who bought in Riata, we signed agreement to resolve disputes via mediation and arbitration. Cannot go through courts.

Mediation and arbitration works both ways.. it's cheaper for you, too!

[EDF]

I think you can still take it to small claims court even though you have an arbitration clause... the judge will hear the case and if makes a decision in your favor you've won...

They can't have an attorney there either.... just a representative from the company...

Elliott is a great builder and I can't believe they wouldn't come to fix something like this...

[palango]

just go to www.epsten.com and talk to a live agent. The builders here in Sacramento are very aware of this high powered attorneys out of San Diego and in some cases the mere mention of them representing you may lead to a settlement in your favor.

[Mr.Windemere]

Hi, I have a house in Elk Grove that was built by Elliot Homes. I found this site on google because the development of Shoreline Estates by Elliot Homes has a drainage problem that is of great concern from the Laguna West HOA. The drains from the landscaping of my house ends at the sidewalk and the water runs over the sidewalk to the gutter. Algea then grows on the sidewalk. This is a huge problem since somebody walking on the sidewalk can slip and fall, causing a million dollar law suite. This problem is not just in Riata!!! The problem started in 2002 when all the water drains were covered over when they installed the sod. Then a chunk of concrete 3-4 feet in diameter and 2 feet thick was found under the front lawn. The landscaper contractor's name is MARK HEMMINGTON. He is the problem!! I must turn off the water supply so that the sprinklers do not spray and my lawn turns brown in the summer to stop this. The drain pipe should have been installed under the sidewalk like with most other develpers. This is a design flaw by Elliot Homes and there must be a leak in the water supply pipe that feeds the drain. I have made complaints against Elliot Homes and Mark Hemmington about this for years since 2002. Mark takes no responsibilty for all his many mistakes and states it is my problem, not his. I have gotten no satisfaction and now l am on the hook from my HOA to solve the problem. This might mean alot of money for me if I fix it myself and if I don't fix it. Once again, this is a design flaw by Elliot Homes and shoddy workmanship by Mark Hemmington. It is not just in Riata, but also in Laguna West! It is well known. I need to go after Elliot Homes, so if anyone reads this who has a similar problem, please email me at mr.windemere@sbcglobal.net Thank You