D.R. Horton Breach of Sales Contract & Failure to Repair Poor Workmanship Greenwood Village, Colorado

We purchased a home from D.R. Horton in February of 2006. When we signed the purchase contract, a 5 ton A/C unit was to be installed, per the contract. During the first year in the house, it was found that a 3 ton A/C unit was actually installed. The purchase price was $5,000 for the contracted 5 ton unit. It was determined by D.R. Horton that there is approximately a $500 difference in the cost of a 3 ton and 5 ton unit. Since it was uncovered that D.R. Horton breached their contract, we’ve been attempting to recover either the $500 difference that we wouldn’t have paid, or to have the 5 ton unit installed that we contracted for originally.

Also, during this time, we’ve been dealing with several rooms that do not retain heat and maintain a comfortable temperature during the summer and winter months. Mountain Air, the company that installed the HVAC system came out and went far beyond their responsibility by installing dampers and an active return in an isolated room. While this greatly improved the comfort while the HVAC system is actually on, especially during the summer months, the heat-loss during the winter is tremendous. Two of the three rooms in question are our children’s rooms (the other is an isolated guest suite), and to keep them comfortable, we have to place an energy-sucking (not to mention unsafe in a child’s room) electric radiator in each room every night when the outside temperature goes below 30 degrees. While we requested that D.R. Horton come back out to check the insulation installation, they simply said that “it met code”, and refused.

We’ve spoken with and/or have left unreturned messages for several representatives with D.R. Horton during the past three years regarding this issue, including but not limited to; Dan DePontbriand (Owner, Mountain Air – the subcontractor who installed the HVAC system), Gil Rossmiller (Town of Parker Building Official), John Klotz (DR Horton Customer Service), Wes Carpenter (DR Horton Customer Service), Joe Piech (DR Horton Customer Service), Steve Bower (DR Horton Customer Service), Carolyn Mitchell (DR Horton Division Counsel), and Terry Woodson (DR Horton Director of Quality Control and Customer Care). Each one has been involved to a certain extent, by either promising that they would handle the issue themselves or find the correct person to do so, with the notable exception of Carolyn Mitchell. No further resolution has taken place to this point on these two issues, and we’re approaching five years in this house now. Earlier this year, we started documenting each contact with D.R. Horton, which thoroughly details the lack of effort on D.R. Horton’s part to correct their mistake.