Complaint Review: Zych Construction - Omaha Nebraska

Update:

We are now in a lawsuit with Zych Construction about the significant structural issues in our two-year-old home that was built by Zych Construction.  In addition to the significant structural issues that we are dealing with in our home, we encountered numerous safety, quality, and follow-through issues after we closed on our custom built home from Zych Construction.  The only thing that building with Zych Construction has done for us is create an undue amount of stress and a financial sink hole.

Our basement is settling unevenly, causing numerous problems throughout the house, including doors not functioning, full sheets of dry wall cracking, cabinets pulling away from walls, our basement leaking, etc.  Additionally, the framing/beams are also of deficient quality.  The stairs to our basement have dropped a quarter of an inch and the entire wall just to the east of the stairs is bowing almost six inches!  We are nervous that the entire wall might collapse. 

This situation has exposed quite a large number of corners that were cut during this “quality” construction product.  The entire basement was framed in 24” on center, except for one wall, even though we were led to believe the entire house would be framed 16” on center, but more importantly, Zych Construction failed to ensure that it placed pairs of LVL beams in the floor as the plans called for and instead used a cheaper alternative of one slightly larger beam.  Our structural engineer tells us that this failure is major structural deficiency and that it is no coincidence that where the alternative was used is also where our walls and stairs are moving.

Despite what you might hear from the Zychs, we have tried to work with Brian Zych on these issues before hiring a lawyer, but Brian Zych’s response was ultimately “You can always sell your house if you are not happy with it” and it appeared to us that all he was trying to do was delay us until the statute of limitations could run.  At one point, he even suggested that we may be responsible for the structural damages.  Only after we spent a significant amount of money on legal and expert fees did Brian Zych offer to buy back our $400,000 home for $363,000.  Essentially, he wants us to pay him $37,000 to take back the house that he constructed with numerous structural flaws.

Amazingly, Zych Construction is still trying to make a profit rather than rectify the problem.  Notably, we also have added nearly $40,000 worth of improvements to the house, including purchasing specialty appliances (the home did not come with appliances), installing a fence and a security system, and incurring costs associated with landscaping, among other things.  Nevertheless, Brian Zych only offered us $363,000 for our home, even though the purchase price alone was $400,000, which did not include any of the improvements.  Throughout this process, we have been more than amenable.  In our demand, we simply asked for Zych Construction to refund the purchase price of the home, take the home back, and allow us to take the appliances we purchased separately.  However, Zych Construction refused to refund us our purchase price and take the home back.

In summary, our home was built with major deficiencies.  Zych Construction refuses to take responsibility for the structural defects or attempt to make anything right, other than offer to repurchase our home for $37,000 less than the amount we paid for it.  The estimated cost of fixing the foundation alone is more than $35,000.  This cost does not include fixing the LVL beams, stairs, walls and other issues which likely will cost significantly more.  Because of our concerns, we have decided to move out, as the home is constantly getting worse and we fear for our safety.  At the time of this update, we have sunk over $10,000 into legal and expert fees.  Our home is two years old.  These are the facts and our home will be up on the MLS for everyone to see in January. 

If are so inclined to view the lawsuit that we filed against Zych Construction and the Zychs, Jones v. Zych et al., Case No. CI 15-10051, Douglas County District Court.

Perhaps all of Zych’s other builds have been perfect, but ours is not and it has serious issues which he refuses to acknowledge.  Our three engineers, each from separate firms, whom we paid out of our own pocket explained that there are issues that need to be taken care of.  Brian brought in another engineer who “surprisingly” disagreed with all of our reports, which he attached to his own as a large part of the 66 pages.

From day one our home was messy and dangerous, as the previously mentioned gas leak shows, the house was also not cleaned, etc.  It is clear that Brian has seen the first video I have posted on the blog as this is the only place I have mentioned a temporary fix to allow the door to latch until movement stops and we rehang the doors.  This means he has over looked the numerous serious cracks and other examples of issues in the video and focused on fixing the front door (for the 3^{rd time}) as his only course of action for our growing list of costly repairs.

Previously he told us to sell the house if we don’t like it.  These issues are to be used only as examples in order to show how the builder operates, they are not to be focused on.  The issues do not account for the huge cost to fix our numerous structural issues, the most obvious which is the foundation.  Naturally someone who is refusing to fix such issues would also not admit that they exist.  Band-Aids are not a solution to a structural problem to which all three of our engineers reported do exist.

Please visit the blog for more information and evidence.  I will not be responding in conjecture with more of Brian’s replies as stated before this is not the area to do so and all other information will be provided on the blog.

Zych Construction takes a great deal of pride in the homes we build.  We have a long list of satisfied customers, some have built with us more than once.  We also have a comprehensive, written one year warranty.  I was asked to inspect a foundation crack about three months after the builder warranty expired on this particular home.  This crack was noted during the 11 month walk though, however it did not meet the cirteria to qualify as a warrantable claim.  We installed crack monitors and no significant movement was noted.  There was no mention (to me by Mr. or Mrs. Jones) of any other construction concerns during this vist, which Mr. Jones video recorded.  I have overseen thousands of construction projects in the last 20+ years and this was the first time someone recorded a meeting.  Zych Construction offered repeatedly to repair the crack at no expense to this homeowner.  Initially, the customer refused our offer, insisting a larager structural problem was present.  We then brought in a structural endineer who concluded no structural problem exists.

Every cllient we build for lives in and cares for their home differently.  Whe we closed this home it was in great condition.  All of the items that wer submitted to us as warranty claims during the "pre-closing" walk through, 30 day walk through and 11 month walk though were completed.  I understand this customer attempted to repair items like the interior doors.  We would have used a significantly different method to repair them.  It is impossible for us to know if anything has been altered since this customer took occupancy November 22, 2013.

In the review, a problem was mentioned with paint chipping off the front door.  I will replace the front door for you as a gesture of goodwill.  Simply email me the colors you would like it painted to [email protected].  When I receive the paint colors, I will order and paint the replacement door for you.

Feel free to conctact me personnaly for more information (if needed) including the 66 page engineer report and all of the post closing warranty records and communication.  I can be reached at [email protected] or 402-894-9334.