Although the upstairs is often colder or much hotter than outside, Lennar doesn’t believe there is an issue because ‘it passed inspection.” Let’s be clear – part of the issue is that any part of this home passed inspection.
Lennar claims there is insulation upstairs. Yet it's currently 52 outside and 58 upstairs. #mylennarhome #buyerbeware Let's be clear – there is NO insulation. This doesn't happen with insulation. Ever. One of 80+ ongoing construction defects. https://t.co/frD0BUJNc8 pic.twitter.com/w0g6k6JReJ
— Kris Fannin (@krisfannin) December 10, 2017
Just today, here is the outside temperature (on the left) and the indoor temperature in my upstairs office. Note, it’s above the garage and there are several other issues reported including windows and doors – above and beyond the vast number of HVAC issues.
Here are a couple more pictures from the past as well. There is absolutely no way anyone – especially anyone from Lennar – can convince me that this is not only normal – but that it’s possible there isn’t an insulation problem in this area. I don’t care how many inspections they claim it passed.
One last one:
Here is the history on this issue that’s gone on for 4.5 years.
Here’s the summary of all of 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.
Upstairs insulation issue description
It was advised by a licensed professional that the entire house and guest retreat were not soundproofed as was specified to be done when the home was constructed and that the insulation that was blown into the attic appears to be below standard grade.
Original response to the upstairs insulation issue from Joel Fedora
Please provide evidence that this work was not completed.
Lennar in-house legal response to upstairs insulation issue
Provide evidence that this work was not completed. WCI installed insulation per required code by the City of Tampa.
Amanda Buffinton legal response to Lennar about upstairs insulation issue
Unacceptable response. Recently, a small hole was accidentally made in the guest retreat wall. There was no insulation found. Additionally, it is consistently cold in the guest retreat. I previously attached a photo reflecting that the guest retreat temperature was 63 degrees when it was 40 degrees outside. This is not normal. Mr. Fannin demands that WCI demonstrate to him that there is the appropriate amount of insulation and soundproofing was installed on the home (other than simply providing a certificate).
Buffinton response to Lennar outside legal (prior to filing the 558)
WCI stated that this area was inspected by the City and WCI will not damage the drywall as it is “certain” that the insulation was installed. No change in WCI’s response set forth in the 6-30-15 letter from WCI’s counsel. WCI has failed to address the question as WCI has not provided adequate proof that the insulation was installed. WCI must provide evidence of the installation. The inspector retained by Mr. Fannin informed him that because of the noise levels (from the street in the upstairs), the pipe rumbling originally identified, and when the TV is at normal volume levels, it can be heard in driveway, the sound insulation was likely never installed. There is no way to know unless you tear the drywall to inspect. However, Mr. Fannin’s former assistant accidentally punctured a hole in the wall – at that point they felt inside the wall and found no insulation that they could identify. The parties are at an impasse on this issue.
Final WCI outside legal response to 558 complaint
The home was constructed and inspected to comply with existing codes. No action to be taken on this item.
Lennar executive’s response on 5/22/2017
They insist that there is insulation, but this is one of the issues we were to discuss before communications basically stopped.