Sunday, November 25, 2007

Letter From the Niles Family Regarding Their Mold Issue

Preface: We were able to briefly speak with Stacy Niles regarding the issue that she is having with John Laing Homes and the mold that her family has found in their new home. We asked her to explain her situation to us so that we could share it with the rest of our neighbors, here on this site. It is important to note that this may be a serious situation for these homeowners, but (so far) it seems to be isolated to this particular home. If you notice any kind of excess moisture and/or mold in your home, please get it inspected, tested and treated immediately. Here is the unedited letter and photographs that Stacy and Kevin Niles shared with us:


Derek and Mariana Wagner as well as all Greenhaven residents,
We greatly appreciate your concern and support. I am sure that if you have not seen our truck then you have heard some stories about it. This has been a very long journey for us, and an exhausting one at that. We are not first time John Laing Homeowners. In fact we loved our first John Laing Home so much when we moved back to Colorado from Arizona last year we did not even consider other builders. We actually picked our lot and floor plan while in Arizona without even seeing it, that was the confidence we had in John Laing Homes. Since then our confidence has turned into a nightmare.
On September 26, 2006 we closed on what we thought was our dream home. We planned to raise our three children here. We were so certain this was the home for us, that we purchased almost $80,000 in upgrades. We chose to have the entire main level done with hardwood floors. Once you do over a certain square footage of hardwood flooring John Laing Homes installs a free humidifier onto your furnace. The purpose of the humidifier is to add moisture to the air in your home to avoid damage to your floors. It is our belief that the humidifier was defective from day one. Our "House to Home" paperwork states the humidifier needed to be "adjusted" because of the amount of water draining out of it. We were instructed to keep the humidifier set around 30%.

The next several months we were beginning to notice extreme amounts of moisture on all of the windows, walls and floors. In the mornings we would have to clean up puddles of water off of the floors. Moisture had built up on the windows and then had dripped down onto the floors. One morning in December we found ourselves, literally, frozen inside. All of the doors and windows we covered in ice, inside the house! It was also around this time that a gas leak was detected on our furnace (the same one the humidifier was installed on) and the City of Colorado Springs "red tagged" our furnace and shut it down. They told all of us to sleep upstairs because of the carbon monoxide. John Laing Homes not only replaced but also upgraded (at no cost to us) our furnace to a Lennox. Before long the new upgraded furnace would not work. It turned out that a wire from the furnace to the humidifier had shorted out and blew a fuse in the new furnace. To me all of these issues were beginning to point to the humidifier.

Soon we began to notice a dark discoloration of the hardwood floors around the doors, we submitted a warranty request and they told us it was normal. Then we noticed very large cracks around the windows, again I submitted a warranty request and they told me it was a homeowner responsibility, saying "over time the caulking with dry out and shrink" and we (the homeowner) would need to re-caulk it. At this point we had only been in the house for maybe 6 months so to hear that was a shock, to say the least. I decided to document what I had found so I began going one by one to the windows in the house taking pictures of the cracks surrounding the windows. That is when I discovered the mold. I was stunned. How could this be in my new house? So again I submitted a warranty request and that is when it started to go downhill.

We began dealing with Jeff Lamphere, Senior Customer Care Manager and eventually dealt with Zane Wilkerson, Vice President, Customer Care. To our shock not only were they denying any responsibility for the mold they actually blamed us. Stating the following reasons for the high humidity. This is from a letter dated April 26, 2007:

Evidence indicates that the humidity level inside the home is higher than most homes due to:
  1. Family lifestyle
  2. Family members
  3. Indoor Water fountains (2)
  4. Indoor plants
  5. Indoor pet

So here is our response:

  1. We are no different from any other family
  2. There is a total of 5, myself, my husband and our 3 children
  3. These fountains are very small indoor fountains
  4. All of the plants in my home are fake
  5. We own a 15 lb. Jack Russell Terrier
Now we have been through "arbitration", Zane Wilkerson and John Laing Homes were generous enough to provide this at no cost to us. It was months later; in fact right after the arbitrator received his check from John Laing Homes that he ruled they were not responsible. Plus, what we received for "arbitration" was a general contractor, not a formal arbitration hearing. We have consulted with an attorney and they are willing to take our case after we provide them with evidence from an Industrial Hygienist. Well, this is not cheap, the cost is $500 for an inspection and two mold samples. Well, as the mother 3 young boys and myself and my husband as full time students, we do not have $500 sitting around. We believe John Laing Homes knows that the vast majority of people do not have the time or money to fight them. However, we also know that it is our job to fight for what we believe is right.

Kevin W. Niles and Stacy L. Niles - 7002 Silverwind Circle - Colorado Springs, CO 80923
(719) 597-4439 or (719) 510-2121

I know this letter is long and please understand there is much more to tell. If you would like to speak with us further you can reach us at the above numbers and address. Please take some time to look at the photos as well. And Fox 21 news will be airing a story on us sometime within the next week or two.

Sincerely, Kevin W. Niles and Stacy L. Niles

2 comments:

Anonymous said...

Where is the other side to the story? I am a little suspect.

I was very concerned about the mold problem after seeing the Niles truck and called in an inspector to check my house from top to bottom before my final warranty inspection. Something that cost me $225. I thought it was worth it though for a home that costs a lot more than that. The inspector found nothing wrong with the house other than a few minor cosmetic issues. To date there has been no serious issues with my home.

When the John Laing warranty specialist came to touch up the minor problems, I asked for a rundown of the confrontation between the Niles family home and John Laing. He gave a very different version of the story. The warranty person said that they paid for several environmental inspectors to check the home for health issues related to mold. All the inspectors stated there was very little mold found and the mold that was present was not toxic. He stated that John Laing bent over backwards to fix the problems and the minor mold issue was the homeowner’s responsibility due to improper use of the humidifier.

Now I am not siding with John Laing or the Niles family. I just know there are two sides to every story. If possible, could someone from the board contact John Laing for a rundown of their side. There are always two sides to every story.

This issue concerns me and others in the neighborhood because the idea of faulty home will certainly scare off future buyers. People driving down the road looking at an open house will see the back of the truck and may think that it is not an isolated issue. This is something that will affect all of our home values, even if we never had an issue.

The news broadcast stated that John Laing did a thorough inspection and everyone was waiting for the results. Now if John Laing has the results, there is no way they would allow the Niles family to stay in the house with harmful mold. That would be an expensive lawsuit for the company. If anyone has heard of the results of the final test please let us know. There are only a few kinds of toxic mold, and they are very rare.

A question related to this issue: if the homeowner lost the arbitration hearing, is there anything else they can do? I thought that the arbitration hearing was it concerning battling the home builder and warranty issues. Anyone smart on this issue, please chime in.

Greenhaven Community said...

Thank you for your comment! I have spoken with JOhn Laing and they will not speak to me on this matter (and I did not push it either).
I hope/believe that John Laing will do whatever they need to do to make this right.
We have sold dozens of homes from all differnt builders. John Laing is, by far, the best.
Also, if the homeoner loses the arbitration hearing, then I suppose they could persue it through differnt avenues, but I am not an expert.
Finally, (and most importantly) this one issue will not negatively affect the home buyer that would be buying our homes when it comes time to sell. Our home buyer demographic will be more savvy and (for the most part) will not judge the whole neighborhood by one opinion/situation.