1.This photo shows actual leakage very close to the main electrical box and evidence that it is repeated leakage.
2. This photo is a wall sample that was taken out of the TK Home that clearly shows that there is hardly any mortar between the headjoints and the majority of the mortar was slopped behind the wall. Also note the TYVEK wrap is actually imprinted into the mortar as code calls for 1" minimum air space that our house lacks.
3. This photo shows that for over 8 years now the water has leaked directly on both ends of the center beam.
2. This photo is a wall sample that was taken out of the TK Home that clearly shows that there is hardly any mortar between the headjoints and the majority of the mortar was slopped behind the wall. Also note the TYVEK wrap is actually imprinted into the mortar as code calls for 1" minimum air space that our house lacks.
3. This photo shows that for over 8 years now the water has leaked directly on both ends of the center beam.
I am not a web designer so please take note that creating this site is a learning experience for me. LOL
No one told us that this would
be needed apparel for living in
a home built by TK Constructors.
contact: kstutler@zoomtown.com
If you would like to see our home please call for an appointment and we will be happy to show you. 859-493-0211
In December of 2001 our family moved into the home at 12830 Cleek Lane built by TK Constructors that ultimately has been the most unbelieveable NIGHTMARE that one could imagine. They did NOT hold up to their end of the contract period and have squirmed their way out of a trial of a jury of my peers by way of an arbitration clause. They contracted to build a QUALITY home on our lot according to CABO one and two family dwelling codes. They did not build it according to code period. The engineer will testify that he has worked on TK homes before and this is not the first faulty brick installation that they have done. If we had no case or this was a frivolous lawsuit then what did they have to fear? Arbitration Clauses are there to protect businesses, but I then ask you where is the protection for the true victims in these cases? Answer: At the moment it is non-existent. There is no protection for the American Consumer with a clause such as this in contracts which are a nationwide problem. I encourage anyone who reads this to spread the word to everyone you know to contact your representative to let them know that "We the People want and demand Change" Contact everyone you know and please tell them to act on the Arbitration Fairness Act 2007. If we do not then some day it will come home to roost on your porch. This clause is in your new car contracts, daycare, nursing homes, employment contracts, products that you buy. They can build you a dog house not fit for a dog and their is nothing you can do about it. You sign away your 7th amendment right to a TRIAL BY JURY. Take the time to sign the petition to stop builders from hurting innocent Americans just trying to build a home.
http:www.thepetitionsite.com/takeaction/322833272
Not only is the owner of this TK home chained to this pathetic house but also is a paralyzed American Veteran. Michael, who was injured in 1986 is my husbands' brother and to whom my husband vowed to be their for FOREVER since the accident. The original DREAM was to build two houses so that we could be there for Mike always yet still have our own homes. We are a very close family. David and I were about to purchase a home and were PRE APPROVED for a exhisting home loan. However, we still had dreams of building on the 8.66 acres of land that would enable us to build two houses and be their for Mike and his needs. So we decided to look into building and ended up at TK Constructors in Hebron. We (NOT MIKE) met with Dave Kronenberg, a TK salesman. Since we could not get a construction loan due to credit he encouraged us to get a someone else to get the loan. We checked into this and found that after three months the home would be considered exhisting and we could then buy it from Mike. TK knew from the beginning that this home was not for MIKE as he is in a wheelchair and their is no way for him to enter the house on his own. When it was time to pick designs and flooring it was Dave and I, not Mike. After about 3 months of living in the home and the spring rains started we saw the WATER INTRUSION and my heart sank to the very pit of my stomach. I knew that this was serious and that we were in trouble. So of course we did not purchase the home from Mike as per the TK contract would have voided the warranty. Still to this day it is in his name. Needless to say with all the money that we have paid out due to this TK's unjust enrichment Mike has been held up for this 7 years and thank God he didn't build his house on the back hill because well its a loss. We will loose all the money in the house and the land improvements upwards of 200,000. Not to mention the inheritance that they have inadvertanly stole from my children. So unfair. So not only have we been considered renters and paid homeowners ins. and renters ins. but have lost all tax deductions too. In order to sue Dave and I would have to sue Mike and he would have to cross sue TK. That will not happen.
TK was unresponsive to our problems. You can go to rateyourbuilder.com and see that this seems to be normal in building with this builder. You should also note that they have commercials and on their website state that if you are not 100% satisfied they will buy it back. They also state that a lot that they will build on is any lot owned by an individual.
Their only offer to buy back the house and one acre. There is only one building spot on my lot of 4.29 acres and you can't divide this parcel any further per the building and zoning depts in Boone County. Which brings me to another problem. The Boone County Building Dept. can't legally help us. So why does this message appear on their site?
If you go to the Boone county Building Dept web page it states the following ( you be the judge) Through building code enforcement, we're making a difference in our community. THE PRIMARY PURPOSE OF THIS DEPARTMENT IS TO ENSURE SAFE MINIMUM LEVELS OF CONSTRUCTION THROUGH ENFORCEMENT OF THE KENTUCKY BUILDING CODE AND THE KENTUCKY RESIDENTIAL CODE. This is CLOSELY followed by the enforcement of the Boone County Zoning Regulations, which provides for orderly growth of our community.
Update 11/09 Met with Building Inspector and of course legally there is nothing they can do except for come after Mike because TK sends you out to obtain the building permit and you then become liable to the county not the builder.....
BUILDING A NEW HOUSE BEWARE!!!
I am mad as hell that NO ONE from any department or anyone for that matter that even gives a rats ass that my children are living in a toxic house. A structurally unsound house. The only one with a brain that has been involved in this that made any sense was Judge Burtlesman who set it for trial in 05 which is when the crooks appealled and made the arbitration clause stick.
We have had two attorney's throughout the LONG SEVEN years + that this has drug on. The first one received 14,000 and the second didn't really get much but did feed me a line of bull in the beginning in that he kept telling me we will arbitrate and the cost not to worry. But when it came time to face arbitration he said 25,000 min. to arbitrate. So then we would have over 50,000 invested and we would be luck to see that back. Just do a little research of the many citizens across our country that have already been HADD. Visit www.hadd.com I found this online
http://brokenleadedglass.blogspot.com/2008/01/tk-towne.html
In the spring of 02 the Supervisor ADAM (according to Adam we were his first supervising job) came out and he pulled out three bricks along the bottom to check for a vapor barrior. It was there and that was the first mention of siliconing our brick. He also said, "Hmm, we have another one doing this 10 minutes from you." After that we heard nothing until around August when they said that we had slipped thru the paper work so to speak.
TK is still to this date playing legal games as they said a couple of months ago that they were not willing to mediate until they new the gap between what we wanted and what they were willing to do. Now they are willing to mediate just to use up more of our money because when the mediator sees this case and decides in our favor they will again squirm there way out of it and want arbitration.
04/04/08 MEDIATION UPDATE
Well as I said the mediation was a complete waste of money and time. In the middle of mediating TK and their attorney just up and left as they had another appointment. The mediator said he didn't blame us a bit for not accepting their pathetic offer.
TK knew about the mediation for months and on 3/31/08 they called to inform us that they wanted to do their inspection on 04/03/08. Of course we let them. Remember they have already been here some years ago and NOTHING has changed and the house did not repair itself. There first offer $5,000 to seal the brick with silicone. Yes, they still think its ok to seal us in the MOLD. Their second and final offer 17,000 to our 109,000 estimate. They are also claiming that there is not any MOLD when in fact I have a copy of the work order that their people signed that they came out and pulled out the insulation from the bandboard.(That is above the foundation) and sprayed something to deter mold growth. And lets not forget the doctor that tested Dave and I for MOLD and found that we have severe reation to MOLDS and that we have results that show only in a MOLDY building could cause this reaction. They left the insulation laying all over the basement. They also pulled my dining room carpet back away from the door as water intrudes there also. Per the engineer the brick is tipped back towards the house under the slider and there is no flashing under door. We hired The Crandell Group (Mike Crandell) a VERY reputable company to test for mold for over 5,000 and have proved that there IS MOLD in all four walls of this home. The MOLD was visible to the naked eye just a few months after the home was built.
They are trying to pass blaim on the foundation which was subcontracted out to someone that was recommended by their salesman. He had done other homes for them with good results. We had an estimate done and it was said that the foundation was out of square. The foundation IS NOT LEAKING. The water enters through the holes in the brick and since the mortar is mainly slopped down behind the wall in which you can see in the photo and the fact that there is hardly any mortar between the bricks the water has no way out it comes over top of the foundation into the basement.
First of all after consulting with the engineer he (Mr Verson) said that in order to find out if in fact the foundation was unsquare you would have to do some major angular measurement to confirm that. That was not done it was stated after simply looking at the house and the only materials he had was a pad and paper. Secondly, the engineer stated that even if the foundation was out of square that it should have been caught by the framers and could have been easily been rectified at that time. Most homes are not square. So again its on TK!
So at present our only option in continuing to fight for what is right is to ARBITRATE in NY at a minimum cost of 25,000. We have already spent over 25,000 to date. We are not spending one more dollar on this circus of a legal system. So the case will untlimately be dismissed as we were ordered to arbitrate. NOT Why should we have to pay to have this made right? This should be of concern to any human with any compassion that this is taking place not to mention all the dept.'s with in our state to protect people in housing. This place should be condemned.
I have over 20 years of customer service and this is not how one should do business if they want to continue in business. I worked as a REALTOR for Sibcy Cline Realtors for two years and never said a word about my situation. When I decided that this had to end and went public with my story Mike and I went to Washington to attend the press conference for the introduction of the Arbitration Fairness Act of 2007. The day after I returned SC let me go. Little did I realize that I had just taken a stand against my very own contract with my broker. They also include the abusive clause in their sales agreement. They also had a relationship with TK Constructors. At that moment I knew that in order to remain true to my beliefs and moral standards that to hold this builder accountable I would have to give up my license and all that I had worked for. I refuse to represent clients that are buying new homes and giving up their CIVIL RIGHTS. I also refuse to sign another contract that includes arbitration. So my license remains in escrow to date.
Update 7-10-09 Well, In order not to starve and make enough to fix their wrongs I have had to agree to arbitrate in going back to work. But I still refuse to sell new homes to unsuspecting Americans. I am not working with houses at all so that remains the same.
I also just purchased a new laptop and in order to take the plastic off I had to agree to ARBITRATE. BLAH! So if the thing blows up in my face there is no responsibility on the part of the manufatcturer.
Also have been in contact with serveral unhappy TK home owners. One of which has already been gagged and screwed over totally. Another in Ohio that also has water intrusion. There are a couple in Ky. We would like other Unhappy TK homeowners to contact us.
We HATE our home. I fear this house. Aren't my children supposed to feel safe at home.
So for over 8 years we have lived in LIMBO so to speak. My children have suffered at the hands of this builder as all funds have gone to fund this NIGHTMARE. David and I constantly worry about the ramifications of living in the MOLD, as the test prove that there are dangerous molds in the walls. My hope is that this information will help another fellow citizen from making the mistakes that we have made that normally could crush a family both financially and mentally.
The only thing that has held us together is the LOVE of our Savior, The Lord Jesus Christ. That is my comfort. I know that God knows exactly what has happened and for that my heart remains at peace. He is a loving God but also a JUST God and he will open a new window for us in the end and they will be held accountable.
http:www.thepetitionsite.com/takeaction/322833272
Not only is the owner of this TK home chained to this pathetic house but also is a paralyzed American Veteran. Michael, who was injured in 1986 is my husbands' brother and to whom my husband vowed to be their for FOREVER since the accident. The original DREAM was to build two houses so that we could be there for Mike always yet still have our own homes. We are a very close family. David and I were about to purchase a home and were PRE APPROVED for a exhisting home loan. However, we still had dreams of building on the 8.66 acres of land that would enable us to build two houses and be their for Mike and his needs. So we decided to look into building and ended up at TK Constructors in Hebron. We (NOT MIKE) met with Dave Kronenberg, a TK salesman. Since we could not get a construction loan due to credit he encouraged us to get a someone else to get the loan. We checked into this and found that after three months the home would be considered exhisting and we could then buy it from Mike. TK knew from the beginning that this home was not for MIKE as he is in a wheelchair and their is no way for him to enter the house on his own. When it was time to pick designs and flooring it was Dave and I, not Mike. After about 3 months of living in the home and the spring rains started we saw the WATER INTRUSION and my heart sank to the very pit of my stomach. I knew that this was serious and that we were in trouble. So of course we did not purchase the home from Mike as per the TK contract would have voided the warranty. Still to this day it is in his name. Needless to say with all the money that we have paid out due to this TK's unjust enrichment Mike has been held up for this 7 years and thank God he didn't build his house on the back hill because well its a loss. We will loose all the money in the house and the land improvements upwards of 200,000. Not to mention the inheritance that they have inadvertanly stole from my children. So unfair. So not only have we been considered renters and paid homeowners ins. and renters ins. but have lost all tax deductions too. In order to sue Dave and I would have to sue Mike and he would have to cross sue TK. That will not happen.
TK was unresponsive to our problems. You can go to rateyourbuilder.com and see that this seems to be normal in building with this builder. You should also note that they have commercials and on their website state that if you are not 100% satisfied they will buy it back. They also state that a lot that they will build on is any lot owned by an individual.
Their only offer to buy back the house and one acre. There is only one building spot on my lot of 4.29 acres and you can't divide this parcel any further per the building and zoning depts in Boone County. Which brings me to another problem. The Boone County Building Dept. can't legally help us. So why does this message appear on their site?
If you go to the Boone county Building Dept web page it states the following ( you be the judge) Through building code enforcement, we're making a difference in our community. THE PRIMARY PURPOSE OF THIS DEPARTMENT IS TO ENSURE SAFE MINIMUM LEVELS OF CONSTRUCTION THROUGH ENFORCEMENT OF THE KENTUCKY BUILDING CODE AND THE KENTUCKY RESIDENTIAL CODE. This is CLOSELY followed by the enforcement of the Boone County Zoning Regulations, which provides for orderly growth of our community.
Update 11/09 Met with Building Inspector and of course legally there is nothing they can do except for come after Mike because TK sends you out to obtain the building permit and you then become liable to the county not the builder.....
BUILDING A NEW HOUSE BEWARE!!!
I am mad as hell that NO ONE from any department or anyone for that matter that even gives a rats ass that my children are living in a toxic house. A structurally unsound house. The only one with a brain that has been involved in this that made any sense was Judge Burtlesman who set it for trial in 05 which is when the crooks appealled and made the arbitration clause stick.
We have had two attorney's throughout the LONG SEVEN years + that this has drug on. The first one received 14,000 and the second didn't really get much but did feed me a line of bull in the beginning in that he kept telling me we will arbitrate and the cost not to worry. But when it came time to face arbitration he said 25,000 min. to arbitrate. So then we would have over 50,000 invested and we would be luck to see that back. Just do a little research of the many citizens across our country that have already been HADD. Visit www.hadd.com I found this online
http://brokenleadedglass.blogspot.com/2008/01/tk-towne.html
In the spring of 02 the Supervisor ADAM (according to Adam we were his first supervising job) came out and he pulled out three bricks along the bottom to check for a vapor barrior. It was there and that was the first mention of siliconing our brick. He also said, "Hmm, we have another one doing this 10 minutes from you." After that we heard nothing until around August when they said that we had slipped thru the paper work so to speak.
TK is still to this date playing legal games as they said a couple of months ago that they were not willing to mediate until they new the gap between what we wanted and what they were willing to do. Now they are willing to mediate just to use up more of our money because when the mediator sees this case and decides in our favor they will again squirm there way out of it and want arbitration.
04/04/08 MEDIATION UPDATE
Well as I said the mediation was a complete waste of money and time. In the middle of mediating TK and their attorney just up and left as they had another appointment. The mediator said he didn't blame us a bit for not accepting their pathetic offer.
TK knew about the mediation for months and on 3/31/08 they called to inform us that they wanted to do their inspection on 04/03/08. Of course we let them. Remember they have already been here some years ago and NOTHING has changed and the house did not repair itself. There first offer $5,000 to seal the brick with silicone. Yes, they still think its ok to seal us in the MOLD. Their second and final offer 17,000 to our 109,000 estimate. They are also claiming that there is not any MOLD when in fact I have a copy of the work order that their people signed that they came out and pulled out the insulation from the bandboard.(That is above the foundation) and sprayed something to deter mold growth. And lets not forget the doctor that tested Dave and I for MOLD and found that we have severe reation to MOLDS and that we have results that show only in a MOLDY building could cause this reaction. They left the insulation laying all over the basement. They also pulled my dining room carpet back away from the door as water intrudes there also. Per the engineer the brick is tipped back towards the house under the slider and there is no flashing under door. We hired The Crandell Group (Mike Crandell) a VERY reputable company to test for mold for over 5,000 and have proved that there IS MOLD in all four walls of this home. The MOLD was visible to the naked eye just a few months after the home was built.
They are trying to pass blaim on the foundation which was subcontracted out to someone that was recommended by their salesman. He had done other homes for them with good results. We had an estimate done and it was said that the foundation was out of square. The foundation IS NOT LEAKING. The water enters through the holes in the brick and since the mortar is mainly slopped down behind the wall in which you can see in the photo and the fact that there is hardly any mortar between the bricks the water has no way out it comes over top of the foundation into the basement.
First of all after consulting with the engineer he (Mr Verson) said that in order to find out if in fact the foundation was unsquare you would have to do some major angular measurement to confirm that. That was not done it was stated after simply looking at the house and the only materials he had was a pad and paper. Secondly, the engineer stated that even if the foundation was out of square that it should have been caught by the framers and could have been easily been rectified at that time. Most homes are not square. So again its on TK!
So at present our only option in continuing to fight for what is right is to ARBITRATE in NY at a minimum cost of 25,000. We have already spent over 25,000 to date. We are not spending one more dollar on this circus of a legal system. So the case will untlimately be dismissed as we were ordered to arbitrate. NOT Why should we have to pay to have this made right? This should be of concern to any human with any compassion that this is taking place not to mention all the dept.'s with in our state to protect people in housing. This place should be condemned.
I have over 20 years of customer service and this is not how one should do business if they want to continue in business. I worked as a REALTOR for Sibcy Cline Realtors for two years and never said a word about my situation. When I decided that this had to end and went public with my story Mike and I went to Washington to attend the press conference for the introduction of the Arbitration Fairness Act of 2007. The day after I returned SC let me go. Little did I realize that I had just taken a stand against my very own contract with my broker. They also include the abusive clause in their sales agreement. They also had a relationship with TK Constructors. At that moment I knew that in order to remain true to my beliefs and moral standards that to hold this builder accountable I would have to give up my license and all that I had worked for. I refuse to represent clients that are buying new homes and giving up their CIVIL RIGHTS. I also refuse to sign another contract that includes arbitration. So my license remains in escrow to date.
Update 7-10-09 Well, In order not to starve and make enough to fix their wrongs I have had to agree to arbitrate in going back to work. But I still refuse to sell new homes to unsuspecting Americans. I am not working with houses at all so that remains the same.
I also just purchased a new laptop and in order to take the plastic off I had to agree to ARBITRATE. BLAH! So if the thing blows up in my face there is no responsibility on the part of the manufatcturer.
Also have been in contact with serveral unhappy TK home owners. One of which has already been gagged and screwed over totally. Another in Ohio that also has water intrusion. There are a couple in Ky. We would like other Unhappy TK homeowners to contact us.
We HATE our home. I fear this house. Aren't my children supposed to feel safe at home.
So for over 8 years we have lived in LIMBO so to speak. My children have suffered at the hands of this builder as all funds have gone to fund this NIGHTMARE. David and I constantly worry about the ramifications of living in the MOLD, as the test prove that there are dangerous molds in the walls. My hope is that this information will help another fellow citizen from making the mistakes that we have made that normally could crush a family both financially and mentally.
The only thing that has held us together is the LOVE of our Savior, The Lord Jesus Christ. That is my comfort. I know that God knows exactly what has happened and for that my heart remains at peace. He is a loving God but also a JUST God and he will open a new window for us in the end and they will be held accountable.