Here’s the summary of the issue 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.
Sewage odor from bathroom drain description
The drain in the master shower has a sewer smell that is not “normal.” Likely indicates faulty installation by evidence of construction pictures. Water may be trapped in the tray. The only way to confirm and resolve this problem would be a complete teardown of the shower tile floor.
Original response to sewage odor from bathroom drain from Joel Fedora
WCI will have a plumber camera the drain line and investigate the issue. The shower recess is filled with a masonry base to slope the floor towards the drain. No water is holding in the recess.
Lennar in-house legal response to sewage smell from bathroom drain issue
WCI to schedule RT Moore to camera the drain line and investigate the issue. The shower recess is filled with a masonry base to slope the floor towards the drain. No water is holding in the recess.
Amanda Buffinton legal response to Lennar about sewage smell from bathroom drain issue
Partially unacceptable response. This area has already been inspected and scoped by a plumber hired at Mr. Fannin’s expense. There is no obstruction. It is believed that the proper slope was not achieved to adequately drain the water. WCI should provide evidence that the proper slope was achieved and that no water is holding in the recess. Upon discovering an improper slope or other cause of the odor in this area, Mr. Fannin demands that WCI repair the cause of this issue. .
Buffinton response to Lennar outside legal (prior to filing the 558)
New response – in addition to scheduling RT Moore to camera the drain line, WCI agreed to check the slope to ensure the pitch is correct on the tile (by Tile-It) as well as the drain line (via RT Moore). Mr. Fannin accepts this proposed solution while reserving his rights. Further, implicit within WCI’s response is the fact that WCI will repair this area if it is improper. Finally, the current slope is not the issue. It is the slope during construction that could have caused water to be trapped under the floor which could be causing the odor. WCI should bear this in mind when evaluating the issue.
Final WCI outside legal response to 558 complaint
After inspection, no odor was detected; therefore, no action to be taken on this item.
Lennar executive’s response on 5/22/2017
My notes: No slope inspection was done