Wednesday, May 27, 2009

http://schhphase5lagoons.blogspot.com/

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A website has been set up to track progress (or the lack thereof) of the reconstruction of lagoons in the Phase 5 neighborhoods of Aster Fields, Murray Hill, Basket Walk, and Water Lilly Cove.

The link is http://schhphase5lagoons.blogspot.com/ .

The purpose of the website is both to provide information and to receive information on the lagoon reconstruction. SCHH residents are encouraged to watch the reconstruction and post to the website or contact a Phase 5 Lagoon Committee member by email or telephone with their questions and concerns.

After the Jan. 22 DHEC public meeting at Magnolia Hall, Pulte developed an action plan that addressed some, but not all, of the construction deficiencies identified by as-built drawings that DHEC required of Pulte for the Phase 5 lagoons. Efforts continue to try to get DHEC to require Pulte to address ALL the deficiencies identified by the as-built drawings.

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Thursday, May 21, 2009

Forced Arbitration

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Public Citizen
May 20, 2009
Home Court Advantage
How the Building Industry Uses Forced Arbitration to Evade Accountability
http://www.citizen.org/

Executive Summary

“An Army soldier between stints in Iraq and his wife were told just before closing that their new house came with a warranty to provide “extra coverage just in case something went wrong.” But the warranty John and Michelle Rechtien received 45 days after moving in to their Savannah, Ga., house actually did the opposite. It severely restricted the builder’s responsibilities and, further, required any future legal dispute to be settled before a private arbitration firm that was approved by the warranty company – a requirement that a Georgia law appears intent to prohibit.

After nearly two years of battling the builder over gross construction flaws, the couple had to pay $2,500 to seek relief from the arbitration firm. The arbitrator rejected more than three-fourths of the Rechtiens’ claims.

The arbitrator ruled the builder was not liable for broken wood trim, incomplete dry wall work, a leaking back door and mold, among other problems, because he deemed the items excluded from the warranty or determined that there was no record that the couple had asked the builder to fix the problems within one-year of moving into the house.

The arbitrator ruled that the builder was responsible for 39 repairs. But he calculated the award primarily with bids solicited by the builder – which were dramatically less than estimates that John and Michelle had obtained. After the arbitration was completed, Michelle called the contractors that had provided the builder with its low-ball estimates. They refused to honor the prices.

John and Michelle’s story is a variation on one that has occurred countless times throughout the United States. New home buyers are told (often at the last minute) that they will receive a warranty, which is often characterized as a “gift” or a “bonus.” When buyers actually receive the warranty (often after they move into their house), they learn that whole classes of problems are excluded from coverage. Home warranties typically forswear coverage for mold, violations of local building codes or “consequential damages,” such as financial losses suffered by buyers who are forced to move out of their houses while repairs are made.

The warranties also dictate that any disputes between buyers and builders must be settled through mandatory binding arbitration, or forced arbitration. This privatized adjudication system provides the ultimate home court advantage for builders and warranty companies. Arbitration firms rely on builders and warranty firms for their business. They have every incentive to keep builders and warranty companies happy.


HBW Insurances Services LLC tells builders that its “2-10 HBW warranty requires mandatory and binding arbitration with every homebuyer. The arbitration is critical in the event of a dispute between you and the homeowner.”


For home buyers, forced arbitration is often a nightmare. They are pitted against a cabal of builders, warranty companies and arbitration firms. These companies are often interconnected in complicated and opaque ways and seem to have a limitless ability to generate “heads-we-win, tails-you-lose” scenarios. Secretive arbitration tribunals provide very few checks against misconduct, conflicts of interest, ignorance of the law, or even deliberate disregard for the law. Indeed, an arbitrator’s failure to adhere to the law is specifically precluded as a ground for appeal. The system is also costly. Consumers are often charged fees many times greater than those they would pay in court – and they run the risk of being charged tens of thousands of dollars to pay for the other sides’ lawyers.”


From page 10:

“As the Rechtiens lost faith in the builder, they decided to seek an expert opinion on the condition of their house. In February 2008, they hired professional engineer John A. Tanner to inspect the house. Tanner reported that the house had five building code violations, including those involving roof trusses, drainage, and requirements for construction of houses built within a 110-mph hurricane zone. He based his assessment in part on his observations of nearby partially completed Wardlaw houses where the framing had not yet been covered by siding and drywall.


Tanner also found seven “questionable conditions” that “could affect the sale value of the house” and seven examples of “poor workmanship.”33 He also wrote, “Several doors do not meet the jamb stop and you can see through the crack between the door and the doorframe jamb stop.”34 Those doors had been taken down, refurbished and rehung after Michelle had complained to the builder that they were blemished with marks similar to those a frosty beer can leaves on a wood surface.35”


From page 14:

“On another track, Michelle tried to get a ruling from Chatham County that Wardlaw had violated the building code in constructing her house.

The building inspection form for the Rechtiens’ house indicates that the house is in the 110-mph hurricane zone. County officials say the current code for houses built in the 110 mph zone did not apply to the Rechtiens’ house at the time it was built.75 Tanner, the engineer who inspected the house, disagrees with that interpretation of the law and insists that the code applied at the time.76“

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Tuesday, May 19, 2009

BEWARE of city-data.com

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City-data.com is part of the problem.

Here's an example of the one-sided crap that city-data.com doesn't screen:

"There are bad reviews out there on the internet, but remember, Pulte is a national builder. They build millions of homes all across the US. The ratio of complaints to homes built is far less for Pulte than other builders. The average buyer out there googles for Pulte quality and comes up with photos of shoddy workmanship claimed by someone. These guys do it just for the compensation, ability to sue. It's like a few people saying they found a finger in Wendy's hamburger.

It's dumb to brand a whole builder as shoddy or incapable. The materials, regions, subcontractors, project manager, construction workers, cost, time, economy all go in to determine the quality of your home. Don't blindly follow custom builders and don't blindly discard track builders. Use a home inspector and inspect every inch of your home for quality, workmanship, etc. Study/Research the community, area, schools for resale value, price per sf, etc. This is what will ultimately determine your home's quality.. not the brand name."

This post is by the brilliant "techtemple" and was posted 11-19-08.
http://www.city-data.com/forum/raleigh-durham-chapel-hill-cary/493857-pulte-vs-lennar-2.html

Well, Techtemple, let's see who's dumb. "...claimed by someone..." Do you have an engineering degree, Techtemple? Do you have 40+ years experience practicing engineering, Techtemple? Before you retired, were you licensed to provide engineering services in several states (including North Carolina), Techtemple?

I don't know how to break this to you, Techtemple, but photos, like the ones on this website, and MANY, MANY others, don't lie.

And, just for the record, Techtemple, I'm not looking for, nor have I received, ANY compensation for this website. My SOLE purpose is to give folks the warning that I never got.

Oh, and BTW, Techtemple, it's "tract" builders, not "track" builders. But then, you'd know this if you knew what you were talking about.

So, BEWARE, folks. City-data.com screens out the "other side of the story".

It's difficult enough to do due diligence without dishonest websites like city-data.com that screen out honest comments, but allow dishonest, moronic ones like "Techtemple's". But, never fear, folks, because there are PLENTY of websites that tell the truth, the whole truth, and nothing but the truth (like this one).
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Saturday, May 16, 2009

the "plantation mentality"

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Why do some people allow an unelected “thirty-something” employee from a private company to govern them?

Why do some people allow non-responsive county, state, and federal governments? (for example: Brian Lanese; pollution in the May and Okatie Rivers; wetlands’ destruction and denigration; inadequate building code enforcement; bottom 10 percentile in education, employment, roads, etc.; a collapsed economy caused by corporate greed and government malfeasance; a huge national debt that will take generations to pay off; etc.)

Could it be the “plantation mentality”? On a plantation, the plantation owner has absolute power. It’s in the interest of the plantation owner to keep it that way.

Thomas Jefferson wrote: "We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." (Declaration of Independence as originally written by Thomas Jefferson, 1776. ME 1:29, Papers 1:315)

Was Jefferson referring to the “plantation mentality”?

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Friday, May 8, 2009

a note to the Phase 5 Lagoon Committee

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I went by 164 yesterday. The tree is gone from the embankment and, ON THE SURFACE, it looks OK. The surface even looks like it’s been compacted.

A few weeks ago when I looked at 164 I saw this:


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Uncompacted embankment.

Soil in embankments should be placed in LIFTS of no more that 12 inches and compacted.

Was this done? I doubt it. In order to compact it properly, they would have had to remove it all from the embankment and then put it back, IN 12-inch LIFTS, compacting it properly as they go.

Can I prove that they didn’t compact it properly? No. Why? Because I wasn’t there, and because there are no photographs or eyewitness reports. Advantage Pulte.

Has the Lagoon Committee alerted residents of the need to watch the reconstruction, take photographs, and report anything that looks amiss? Has the Lagoon Committee alerted residents of the compaction issue at 164? It would have been easy to do with a Phase 5 Lagoon Committee FREE blogsite.

Does the Phase 5 Lagoon Committee want Phase 5 lagoons fixed COMPLETELY and CORRECTLY, or not?





PS Pulte's "action plan" fails to address 11 of the 20 lagoons with bottoms higher than that called for on the approved construction plans. It also fails to address clearing underground pipes that connect lagoons and are vital to the operation of the system.

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Tuesday, May 5, 2009

DHEG

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I sent the following to Shannon Hicks, PE, at DHEC-OCRM, after MONTHS of frustration in trying to deal with OCRM during the Phase 5 Lagoon fiasco here:

"Most organizations begin with a mission statement. Then the organization is built around accomplishing the mission. Periodically, most organizations compare results with their mission statement to determine whether or not adjustments in the organization need to be made.

It should be very apparent to you and your bosses that DHEC-OCRM failed to accomplish its mission at Sun City Hilton Head. DHEC-OCRM failed to protect the environment and valuable ocean and coastal resources. The as-builts and the Jan. 22 meeting at SCHH prove that. Never in my 40+ years as an engineer have I seen, or frankly would have believed, errors of one and two feet in elevation in such a flat area. It’s appalling.

Also, in my 40+ years in practicing engineering, never have I seen a public agency with responsibility for the environment be so lax in their requirements. Not to require embankments on SWM ponds, not to require that ponds be sufficiently deep for water quality treatment (which requires depth), not to require materials and workmanship for control structures such that they won’t leak, not to require that soil in embankments be compacted, not to require that embankments be clear of trees, not to require freeboard, not to require that pipes connecting ponds, that are vital to the operation of the system, be cleared of silt, not to require fences where steep slopes present a safety hazard, etc. are equally appalling. It is unlike anything that I’ve seen in 40+ years.

Needless to say, to provide “guidance” is quite different than to “control” or to “manage”. Perhaps DHEC-OCRM should change its name to DHEG-OCRG, Department of Health and Environmental Guidance, Ocean and Coastal Resource Guidance. One thing for sure, DHEC-OCRM’s “guidance” isn’t accomplishing DHEC-OCRM’s mission."

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Sunday, May 3, 2009

li'l mud hole

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at the corner of Col. Thomas Heyward Rd. and Stratford Village Way (next to the golf course):



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even from a satellite in space you can see that birds can walk around in this lagoon. It's so shallow that it can't serve any meaningful water quality function.

then there are the lagoons without embankments:




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nice job, masterbuilder!
nice job, DHEC!
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Saturday, May 2, 2009

Beating my head against a wall

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For more than three years residents from Phase 5 SCHH have been trying to get their shoddily constructed lagoons (stormwater management ponds) fixed. THREE YEARS! They've contacted Pulte, Beaufort County, DHEC, the Army Corps of Engineers, and county and state government representatives about the shoddily constructed lagoons.

SCDHEC-OCRM (South Carolina Department of Health and Environmental Control, Ocean and Coastal Resource Management) has known about the shoddily built lagoons for more than TWO years. Last year DHEC OCRM ordered as-builts for the shoddily constructed lagoons that PROVE that they’re shoddily constructed (never mind all the photos!).

Pulte develops an “action plan” that conveniently omits 11 of 20 lagoons that as-built information shows have as-built bottom elevations higher than the elevations called for in the approved construction drawings. Pulte's "action plan" also fails to address pipes that connect ponds that may be filled with silt.

Pulte then begins to “fix” the lagoons. Take a look at the photo of the “fixed” control structure. Take a look at the photo of the "fixed" embankment—the one with the tree in it!

Yet Pulte marches on, without being fined for the shoddy construction, and WITH the approval of Pulte’s engineer, DHEC, and MANY SCHH residents.

What’s going on here?

“The thing about beating your head against the wall is that it feels so good when you stop.”
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Friday, May 1, 2009

Pulte--The Big Nanny

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The following appeared in the Thursday, April 30, 2009 issue of Bluffton Today (page 11):

NO SOLICITING

The big Nanny has spoken. The board of directors passed a new and revised (they probably thought improved also) solicitation policy. It is obvious that they thought all of us are addled and feeble minded and need protection from unwanted information and distributions.

They prohibited the distribution of political material by anyone. I don’t know that they have the authority to abrogate the Constitution.

It makes it clear that community groups are not allowed to solicit for anything in Sun City. Sorry American Red Cross, no more soliciting for blood donations. Sorry chartered clubs, you can no longer distribute fliers advertising your speaker for your regularly scheduled meeting. Sorry chartered clubs, you can no longer request permission for community-wide fundraising drives for your favorite charity. Sorry individual resident, you may not distribute any material you create except to other residents known to you personally.


That will make sure that no community-wide issue can ever be discussed. I think that this last one is the real reason for this new policy.

Pulte was, for whatever unknown reason, afraid the Committee to Incorporate the Sun City Area would begin a petition drive and Pulte did not have a perfect way of preventing it. It triggered this review of the existing policy. Pulte controls the board and the new policy is exactly what they want.

Also included in the policy are the uses of our “lower” mail boxes which we have used in the past to distribute fliers, etc. Now we have rules, even though these lower boxes do not belong to the Community Association or Pulte and neither one should have any say what we put in there.

Except for personal notes, everything for the boxes must be approved by the executive director. I guess next they will tell us what we can receive through the U.S. mail.

We do not need the board of directors to babysit us or tell us what we can or cannot read.

I suggest the board concentrate on golf course problems, bad lagoons, sinking homes, bad stucco and other minor irritants in the community.

Carl Lehmann is a Sun City resident.
He can be reached at carfle@sc.rr.com
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