There are eight total defective windows upstairs in the guest retreat/office. Lennar (then WCI Communities) admitted it the windows were defective. Now they say there is no issue with the windows.
Each of the defective windows has blemishes in roughly the same spots. I had window cleaners repeatedly try and take them off on both sides. It’s clear that the defects are between the window panes.
Bob Harrower during the first year inspection
During the first-year warranty inspection (reminder – I’ve been here now for more than 4.5 years), Bob Harrower indicated that the windows appeared to have broken seals. Ok, great – replace them.
Joel Fedora – They are defective windows
In one of the first responses back by WCI /Lennar, Joel Fedora indicates that the seals are not broken, but rather the windows are defective. He agrees to replace them. Great. Well, until the Lennar responses just start going all over the place. Take a look below for each of them.
Here is the history on this issue that’s gone on for several years.
Here’s the summary from all of Lennar construction issues I keep in a spreadsheet.
*Note: For simplicity, the Lennar and WCI Communities names here are used interchangeably as Lennar took over WCI in February of 2017.
2013-2014 – First issues were reported to WCI. The initial responses were from Joel Fedora who is now a Vice President of Construction with Lennar.
Late-2014 – Towards the end of the year, I retained Amanda Buffinton (at the time a shareholder at Bush Ross) to start working the legal side of the issues, because nothing was getting resolved. The first Lennar in-house legal response happens around this time.
July 2015 – The case expands and WCI moves the case from in-house to outside legal. The outside legal responses are from this time.
September 2015 – Amanda Buffington files a 558 complaint against WCI/Lennar to start the process of filing a construction lawsuit.
October 2015 – Lennar’s outside legal sends a response to the 558 complaint. Their response was completely untrue. It’s the same attorney who provided the first outside legal response in July 2015.
Defective windows description
Several windows panes in guest retreat have blemishes which appear to be between the pane indicating a broken seal. All windows need to be replaced.
Original response to the defective windows by Joel Fedora
WCI will replace the glass in the windows where there are blemishes in between the panes of glass. The blemishes are defects, and are not an indication of a broken seal on the windows. The windows will fog up if there is a broken seal.
Lennar in-house legal response for the defective windows issue
All Glass & Window, WCI and Mr. Fannin to inspect for defects that are readily visible from a distance of ten (10′) as outlined in the homeowner manual (p. 65). WCI does not replace defects that are visible only under certain lighting conditions. Scratches or blemishes between the panes are not an indication of a broken seal.
Amanda Buffinton legal response to Lennar about defective windows issue
Unacceptable response. Previously Joel Fedora with WCI stated that WCI would replace the glass in the windows where there are blemishes. The blemishes are defects that should be replaced. Further, Bob Harrower with WCI originally indicated that the seals were broken.
Buffinton response to Lennar outside legal (prior to filing the 558)
New response – WCI will address any scratches or blemishes between the window panes. Mr. Fannin demands replacement of the glass in the windows that have blemishes as this was already promised by a WCI representative. The parties are at an impasse on this issue unless WCI agrees to replace the glass as it previously had.
Final WCI outside legal response to 558 complaint
WCI is only responsible for defects that are readily visible from a distance of ten (10′} as outlined in the homeowner manual (p. 65). WCI does not replace defects that are visible only under certain lighting conditions. Scratches or blemishes between the panes are not an indication of a broken seal. WCI offered to resolve this item in accordance with the homeowner manual but the Homeowner canceled the repair.
Note: This is not true at all. See: WCI (Now Lennar Homes) Lied in Their Legal Response. Why?
Lennar executive’s response on 5/22/2017
Addressed with homeowner. No further action to be taken.
My notes: As indicated on the first conference call with Lennar to discuss the home inspection, Rick Hudak did not address this issue at the time of inspection. These are not marks or blemishes that can be cleaned.
This is one of many contradictions and continued issues from the first Lennar home inspections that Mark Metheny suggested additional inspections to get worked out, but those have still not occurred.