KAVAC LLC, Fisher Homes of Texas

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Inspection Detail
Case Status: PENALTIES REFERRED TO DEBT COLLECTION
Note: The following inspection has not been indicated as closed. Please be aware that the information shown may change, e.g. violations may be added or deleted. For open cases, in which a citation has been issued, the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections.

Inspection: 966203.015 - Kavac, Llc

Inspection Information - Office: Houston South
Nr: 966203.015 Report ID: 0626700 Open Date: 04/03/2014
Kavac, Llc
1707-1713 Mcgowen St.
Houston, TX 77004 Union Status: NonUnion
SIC:
NAICS: 236116/New Multifamily Housing Construction (except Operative Builders)
Mailing: 619 Rutland#B, Houston, TX 77077
Inspection Type: Planned
Scope: Complete Advanced Notice: N
Ownership: Private
Safety/Health: Safety Close Conference: 04/03/2014
Emphasis: L:Constr6 Close Case:
Case Status: PENALTIES REFERRED TO DEBT COLLECTION

Violation Summary
Serious Willful Repeat Other Unclass Total
Initial Violations 5 1 6
Current Violations 5 1 6
Initial Penalty $8,400 $400 $8,800
Current Penalty $8,400 $400 $8,800
FTA Amount

Violation Items
# ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent
1. 01001 Serious 19260020 B02 04/23/2014 05/01/2014 $2,000 $2,000 $0 Z - Issued
2. 01002 Serious 19260150 C01 VI 04/23/2014 04/25/2014 $1,600 $1,600 $0 Z - Issued
3. 01003 Serious 19260405 B02 04/23/2014 04/25/2014 $1,600 $1,600 $0 Z - Issued
4. 01004 Serious 19260405 D 04/23/2014 04/25/2014 $2,000 $2,000 $0 Z - Issued
5. 01005 Serious 19260501 B10 04/23/2014 $1,200 $1,200 $0 Z - Issued
6. 02001 Other 19260404 B01 I 04/23/2014 04/25/2014 $400 $400 $0 Z - Issued
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My wife and I were looking to buy our first house in the Houston Heights in May 2012. We were not sure if we wanted to build a house or purchase an older one. At some point with our realtor, we decided to stop by a nice new Orleans style house that was still under construction. It was one of Terry Fisher’s house. The workers were very friendly and we were allowed to get in for a visit even if it was still in construction. We were very impressed by the quality, the woodwork, and the craftsmanship. We came back a few days later and met with Terry. He gave us a tour of a few houses under construction and told us about another one in the planning phase. We decided to move forward and have a house build. During the process we came up with a few ideas for the façade and modifications in the interior. The Fisher team was able to custom-designed every one of our requests. The whole thing wasn’t straight forward and easy. You have to understand that we’re in one the most hectic period in Houston’s residential construction. By keeping tract of the process and visiting a few times per week, we were able to get everything re-arrange to our request and ended-up with a final house that was exactly what we wanted. Terry is a very straight-forward and honest person. He was always upfront and extremely flexible with all our demands. It is our first house, and even if we were a little naïve about the whole process we would do it again with the same builder. At the end, we are extremely satisfied and there is nothing we would change. After closing, there were a good amount of minor things to be fixed in the house as expected with any new construction. As promised, Terry and his team came back to finish everything we had on our “punch list”. We’re all settled now and a few times per month, several people walking by congratulate us on the house and tell us how beautiful the house is!

I have sold several projects built by Terry Fisher of KAVAC LLC. I found the craftsmanship, the amount of time he spends following up on his crews work, and finished product have been of high quality.

Every new home will have some issues the first year, regardless of who the builder is. Terry was always prompt in addressing these warranty issues. Everyone makes mistakes, but some of the comments on here are a bit overboard based on my personal experience.

To say he has low construction knowledge is a misnomer at best. He has a keen understanding of building code, quality of installation per manufacturer guidelines on things like windows, roof systems, foundations etc. Having been on both sides of the hammer myself and knowledgeable in both actual construction and sales of new construction homes, I never saw him fail at product knowledge or installation of those systems and products. People don't build for 20+ yrs and have low product knowledge.

My experience was to see him work closely with his buyers, providing ideas, answers, and solutions to lifestyle and design issues that worked within their budgetary constraints. His communication style may not sound like Prince Charles at his afternoon tea, but he is straightforward and tells it like it is, and I see that as a refreshing plus in these days of half answers and double speak. I have personally seen him suggest a design change and not charge for it since it was his idea and not something the buyer requested...but ended up loving.

People complaining about a construction person not having the same communication style of an office worker or a boardroom exec has obviously never worked on a construction site. Actually, I've heard worse language in a boardroom.

As far as overcharging etc, I had the opposite experience in which there was a pleasing lack of overcharges and upgrades most other builders would have charged for. His price per Sq Ft as compared with similar builders, particularly the Heights area, is extremely competitive and you get one heck of a bang for your buck in my opinion. His trim, fit and finish are exceptional for the price per Sq Ft of his homes. .

Non-refundable deposits are a part of new construction, particularly customized homes in higher price ranges. I have personally seen him treat clients MORE than fairly regarding these deposits and their individual circumstances. I am sure every builder has had situations were they retain these deposits for a myriad of reasons. Whether $2,000 or $25000, the buyer makes a decision to agree to it regardless of who the builder is. If a buyer doesn't want to risk that kind of money, no one forces a pen into their hand.

Funny thing about the internet, usually happy clients don't get on and proclaim the virtues of their vendor, I usually keep that in mind when I read one or two complaints for someone who has 100's of past clients. The ratio usually tells the tale. Again, no one is perfect but my overall experience with KAVAC LLC/Fisher Homes was a good one and I continue to refer business to him.

My wife and I signed a Contract for a new home construction with Terry Fisher (Fisher and Associates Construction Unlimited; also KAVAC LLC). The Contract also included remodeling an existing garage w/ an apartment on top, already existing on the lot (Contract stated to bring it to the same level of quality as the newly built house). Work commenced in the beginning of May 2011, and formal closing took place on September 22, 2011. One change order was signed on August 11 2011, to account for changes up until that time (with no further changes anticipated).

Due to our other constraints, we had no choice but to close (builder already defaulted on the Contract by not meeting the established deadline). Under normal circumstances, we would never have closed.

Summary of our Complaints are as follows:

01 - Breach of Contract – Builder unilaterally raised the price approx by approx. $10k, 2.5 weeks before closing. This was virtually extortion. His explanation was that these were items he “let slide by” during construction (some of these items dated back prior to the Change Order. Never mind that they had not come up as changes then). The builder simply stated that we either accept it or he would not close. We could not even include this amount in the mortgage, as it was too late to modify.

02 - Breach of Contract – Unreasonably raising price (price gouging). Builder not only unilaterally raised the price as described above, but the cost of some items he considered as “extras he let slide by” was completely unreasonable. For instance, builder wanted $4,000 for one extra coat of exterior paint. As a comparison, a quote from other another contractor (based on the same construction drawings) was $1,700; less than half.

03 - Breach of Contract – Failure to meet explicitly defined quality standard in the Contract . Close to the end of the project (mid-late August), the builder stated that he overrun his budget, and simply started to do shortcuts, mainly on the guest house. Quick example: in the guest house (garage apartment), he refused to install granite countertop in the kitchen (as specified in the Contract), but used marble. It was a “take it or leave it” statement from him. The bathroom is not up to Contract standard either. The range hood in the guest apartment is still not working; the stairs are still not painted; there are still drywalls that need to be fixed and painted, etc. Prior to closing builder promised to take care of all these items (established in the punch list as well). Never has.

04 - Breach of Contract – Not honoring warranty. As noted above, the range hood in the guest apartment is still not working; the stairs are still not painted; there are still drywalls that need to be fixed and painted, etc. We have had several verbal and written communications with the builder about this, but he is refusing to do anything. We have filed a complaint with the Better Business Bureau, but sill no response from builder.