March 30, 2005

On March 30, 2005, Gary arrived at our home and advised us that he was the building inspector for the foundation of our home and that John Damon was the inspector for the building of our home. We showed Gary the photos and took him to the basement to show where the water came in. Gary went outside to investigate the exterior walls of our home and Gary said he didn't see any brick flashing around the home. Gary looked through several of the weep holes reiterating the same comment. At that point Gary said, "This house is going to litigation." Gary advised Brian to get a hold of John Damon and have him come to the home to investigate. Brian called Butler County Building Department to try to get John Damon to come out and was told they would relay the message to him.

Someone from the Butler County Building Department called and stated that John Damon would be coming to our home on April 7, 2005 to look at our problem. Brian immediately contacted Nancy Sharrock and told her of the scheduled meeting. Nancy stated that she wanted to have Brian Weichert present at the meeting to represent Meyer Douglas Homes.

April 6, 2005

Unbeknownst to us, on April 6, 2005, John Damon was in the Creekside Meadows subdivision for an inspection of a different home. At that time he had a meeting with Donald Gottman, the new superintendent for Meyer Douglas Homes overseeing construction in the Creekside Meadows subdivision. Also present at the meeting was Brian Weichert of Meyer Douglas Homes. During this meeting the water intrusion of our home was discussed and a solution determined between these three individuals. Connie, Brian and Angela were never informed of this meeting, were not present at this meeting and only found out about this meeting because of a phone call received from Nancy Sharrock on April 6, 2005, wanting to set up a date and time for Meyer Douglas Homes to seal our brick.

After the conversation with Nancy, Brian called John Damon who confirmed the meeting of April 6, 2005, happened and stated that Brian Weichert and Donald from Meyer Douglas Homes wanted to seal our brick to prevent further water intrusions. John stated to Brian Oswald on the phone that he told Meyer Douglas Homes that they needed to fix the problem correctly to satisfy the customer - referring to Connie, Brian and Angela.

Email sent to Nancy Sharrock at Meyer Douglas Homes at 10:20pm including photos shown to Garry Kessler on 3/30/05.

04/06/05 email to Nancy Sharrock

April 7, 2005

April 7, 2005 – Meeting between Brian Oswald, Brian Weichert, Donald Gottman, and John Damon.

told about December 2004 intrusion after several feet of snow (against NW wall) – called & left message – no response – no photos taken
shown photos of 3/28/05 water intrusion & construction with no house wrap or flashing shown during bricking
discussion of seeing / not seeing brick flashing and wrap – showed copy of code
flashing comparison with homes on both sides of us (one built by Meyer Douglas Homes & one built by Buckhead)
Brian discusses research done on house wrap & brick flashing
3 guys out – Chris, Chad & ?
Moved outside to look in weep holes – states it is there but cut off and you should see a line – “looks like shit” – don’t have to have it all the way out but best to do – framers are supposed to let enough hang out
Trying to get away with minimum – discussions about brick layers
It is required that Tyvek or felt paper be put behind brick and he didn’t see it – saw black board – black board doesn’t cut it as far as a stand alone product – house has to be wrapped
Discussions about plastic on inside vs. outside
Nothing against Mexicans but they don’t lay brick the way old Germans used to do it – problems discussed about removing excess mortar – someone says he is trying to watch for that.
As a first choice maybe not the best choice is to try silicone – longevity of silicone – 2 applications needed – when asked if still leaks in 3 years who is responsible – reply was “I’m not going to answer that question right now – It’s just like maintenance & should be done every 3-5 years just like you would seal a deck.” – Silicone is made for brick.
“Just so you know, this isn’t the first time this has happened and I can tell you that when we do this it cures the problem 100% of the time.” “I’m not trying to get out of doing something that I should be doing, I’m just telling you that this is how we solve this problem. And I think that to the extent that we have been able to show that we do this according to the way we said we would build this house.”
“Well other than to say that your house is being built no different than the way we build other houses at that period of time”. “You can’t let the brick layers do this stuff.” – sloppy work – use of better product (flash & seal) – that is minimum standard (low quality).
“We have been doing this for 20 years – I’m not trying to cheat you.” – “I’m just telling you that when this has happened before this is how we have taken care of it and we’ve not heard anything.”
Agreed something needs to be done now – let’s just see what happens – silicone is a band aid – discussions of removing brick opposed – discussions get heated stating they saw felt, etc. but not sure.
Code Violation – question “Code wise, is the plastic supposed to penetrate or pass through the bottom layer of brick?” – answer “it is supposed to be breaking the bond at the bottom of the brick.” – question “So that’s a code violation?” – answer “it is more a manufacturer suggestion for doing that particular type of flashing process.” – “Code says…what we are looking for is that things get flashed, things get water proofed, things get caulked around them perimeters and things…Yes it appears that it doesn’t run as far out as I would like to see it.”
Further discussions about removing lower levels of brick, to place flashing and fix problem correctly. – “I’m telling you that is severe.” – Defensive comments “We haven’t done anything wrong.”
Gray area – John states he would go with silicone but have Meyer Douglas Homes give a letter that if it leaks after 3 years it doesn’t meet satisfaction…”
Brian Oswald states he wants lower levels of brick removed, flashing installed overhanging the bottom layer and it done correctly. Brian Weichert responds with “I’m not going to do that.” “I know what we are going to do (sealing) will solve the problem.” “Can’t give a warranty longer than sealant.”
Canadian brick – not fired the way their supposed to – can hold water to be double weight with water
Wanted to come out tomorrow to seal – Brian Oswald doesn’t want to settle for band aid
Reference to meeting with Gary Kessler
Brian Oswald wants problem fixed correctly now – shouldn’t be responsible for their mistakes later.
Brian O. – 2 women in house ready to sell the house or go to news about problems – Donald replies, “If you go to that extreme we aren’t going to do anything.”
Regardless of what has been done water is getting into the basement.
Brian W. pushes to get brick sealed.
Question to John Damon by Brian O. – get attorney? – “this wasn’t something you created I think it is well within the builders realm to take care of the water problem whether it is within the years expired or thereafter and that it should be done – how needs to be worked out between you” – recommend doing sealant.
Second opinion would recommend building inspector (not 6 week course). – suggest contacting realtors for recommendations – home inspectors & building inspectors are not the same thing – want unbiased opinion
Brian O. requests info about sealant to research before using – still wants 2^nd opinion & will be calling a building inspector
Brian will call Nancy with decision