Tuesday, February 28, 2012

Think twice before buying a home from this builder.



Rodney Miller Documentation of Home Issues…
I have photo documentation as well.
Check out his Better Business Bureau® information In The Texas Panhandle at 
http://www.bbb.org/texas-panhandle/business-reviews/home-builders/rodney-miller-builder-designer-in-canyon-tx-99122538 
The BBB tried to contact Rodney over and over again but he to ignored them. 
I know of realtors and buyers alike that would not recommend Rodney Miller Construction due to sub-par contractors and building practices.

Childress Brothers came over and gave us an estimate of a little over $10,260 for repairs.  He stated that he had not stabilized anybody’s home in the Cityview community.  He also lives in Cityview on Littlerock Street. I also have spoke with neighbors who have not had a single issue that we are still battling regarding the foundation.  This goes further to show the poor slab that was poured.  It’s so poor water actually comes to the house rather than away as it obviously should as the level proves in photo documentation.

1.  04-03-11  Sent several text listing issues we have been having.  No response.
2.  04-05-11  Sent several text listing issues we have been having.  No response.
3.  04-20-11 contacted via text no response. Each time full rap shit of home repairs where listed. 
4.  04-24-11 contacted via text no response.   Each time full rap shit of home repairs where listed. 
5. 04-27-11 contacted via text twice and finally got a response but no issues have been fixed to this date.
6.  05-01-11 spoke with Rodney's fence builder. We have many pickets cracked completely out and need replaced. He told me he would call me back and never did. I then contacted him on 05-02-11 and 05-03-11 and never got a response.
7.   05-14-11 sent text asking if we can get our fireplace fixed. A guy came and looked at it on 03-13-11 and never came back. Rodney never responded.
8. 05-16-11 sent text asking if we can get our fireplace fixed. A guy came and looked at it on 03-13-11 and never came back. Rodney responded and sent out Steve from Tascosa Brick and he installed a new panel in the fireplace although it doesn’t match. 
9.  I called Rodney and he came over to the house and looked at the unfinished issues on the home and we were told the cracked granite would be taken care of along with Johnny come over to paint.  This was far from the truth.
10.  We still have unfinished problems with the house after Rodney visited the residence on the above entry.  I contacted him at the beginning of June and was told that he was out of town in Dallas and he would call me as soon as he got into town on Thursday to arrange times to fix our property.  This did not happen. 
11.  When Rodney did not contact me on Thursday I contacted him again and he told me that they would be working all week on a “Fire House”. 
12.  07-21-11 contacted Rodney and stated that we would like to get the home finished as summer is almost over and my wife and I will be returning to school and nobody will be at the property to fix the home. No response. 
13. 07-23-11 contacted Rodney nothing has happened no repairs made.  He did say he would come by to look at the list and take a copy.  He has done this for the 4th time.    He looks around and says he will get people here to fix repairs, takes the list, and nothing happens.  He had been a broken record. 
14.  09-10-11 attempted to contact Rodney twice for issues related to carpet damage.  Sent him a detailed text stating carpet fibers coming free and extensive traffic wear after only 6 months.  No response
14. 09-10-11 repeated the above contact again later in the day.  No response
15. 09-11-10 contacted Rodney via text with details of carpet fiber coming loose and massive traffic spots showing up after only 6 months.  Also back door has water coming in. Crack inside house on entry wall.
16.  9-18-11 contacted Rodney via email and sent him the list of home problems we want fixed before the home warranty expires.  Rodney did reply “out of the country call when I get back”.
17.  09-25-11 contacted Rodney via email with a list of repairs needing his assistance under the homes one year warranty.
18.  09-27-11 sent Rodney a text asking for confirmation of the problems we are having. 
19. 09-28-11 sent Rodney an email. He said he would have somebody over next week for sure.
20.  10-06-11 A man come to fix the door leading into the garage from the backyard.  The door leaks water into garage when precipitation is present.  The door guy did not have the appropriate materials to fix the door and said he would be back.  He also had no knowledge of fixing a bedroom door.
21.  10-06-11 Man came to look at the carpet but didn’t even know if he installed it. 
22.  10-15-11 Contacted Rodney about the house problems again via email and still nothing has been done to fix the problems.
23.  10-16-11 contacted Rodney again via email because I have received no response to any of the issues on the house.  We have been consistently have been ignored.   When somebody does show up they never have the appropriate tools or materials to fix the problem.  I am told they will get in touch with me and they never do.
24.  10-28-11 sent Rodney a text of unresolved problems. No response.  Home is still inside the 1 year warranty stated in the contract.
25. 10-30-11 Sent Rodney emails stating the remaining items and the huge list of foundation problems we have going on.  The foundation problem list has been made know to Rodney on multiple occasions and he has ignored every single one of them.
26. 10-31-11 Sent Rodney emails stating the remaining items and the huge list of foundation problems we have going on.  The foundation problem list has been made know to Rodney on multiple occasions and he has ignored every single one of them.
27.  11-02-11 sent Rodney another email.  He hasn’t responded to any of my contacts.
28.  11-25-1 1 Called Rodney and left a voice message about carpet, PVC on HVAC, and doors not shutting. I also called Max the carpet boss and discussed carpet coming up and cement not being swept before carpet was put down.  He said he would call back and schedule a time for someone to come look.  I called Duane the door man and he didn’t answer and I left a message.
29. 11-27-11 sent Rodney an email about the above topic because no response was received.
30.  11-30-11 sent Rodney yet another emails about the remaining issues on the house and consistently he fails to respond rarely if any.  Rodney replied on this one via email and nothing has happened ant it is currently 12/03/11
31. 12-10-11 Sent Rodney Emails to fix warranty issues.  No response.
32. 12-13-11 Toilet leaked and had to be fixed by us because Rodney would respond.
33. 12-15-11 Sent Rodney Emails to fix warranty issues.  No response.
34. 12-21-11 Sent Rodney emails stating the remaining items and the huge list of foundation problems we have going on.  The foundation problem list has been made know to Rodney on multiple occasions and he has ignored every single one of them.
35. 12-22-11 sent Rodney multiple emails telling him over Christmas break we would be home from 12-     25-11 all the way thru 01-09-12 to fix the remaining warrant items.  No response. 
36.  12-23-11 sent Rodney multiple emails telling him over Christmas break we would be home from 12-25-11 all the way thru 01-09-12 to fix the remaining warrant items.  No response. 
37.  12-30-11 We have had a 17 day break that we could be home from sun up till sun down and Rodney has accomplished nothing on our house.  Sent another email reminding him we would be home.
38. 01-03-12 We have had a 17 day break that we could be home from sun up till sun down and Rodney has accomplished nothing on our house.  Sent another email reminding him we would be home.
39. 01-04-12 We have had a 17 day break that we could be home from sun up till sun down and Rodney has accomplished nothing on our house.  Sent another email reminding him we would be home.
40. 01-06-12 Our Christmas break is nearly over and Rodney didn’t do anything to correct our homes troubles.  Sent another email and text.
41. 01-14-12 Reminded Rodney he hasn’t finished our house in an email. Expressed my concerns for the foundation AGAIN.  This house has problem after problem because it has excess movement.
42. 01-22-12 Reminded Rodney he hasn’t finished our house in an email. Expressed my concerns for the foundation AGAIN.  This house has problem after problem because it has excess movement.
43. 01-23-12 sent the same email again because Rodney of course never responded. Reminded Rodney he hasn’t finished our house in an email. Expressed my concerns for the foundation AGAIN.  This house has problem after problem because it has excess movement.
44.  02-01-12 well we have entered into a new month and we still have a laundry list of work and with new doors sticking every day.  With new slab cracks weekly.  Expressed my concerns in a email and sent the list of items he has never fixed.  The list is below.
45.  02-05-12 well we have entered into a new month and we still have a laundry list of work and with new doors sticking every day.  With new slab cracks weekly.  Expressed my concerns in a email and sent the list of items he has never fixed.  The list is below.
46.  02-12-12 sent Rodney the list of home problems again.  No response was given.
47.  02-14-12 sent Rodney the list of home problems again.  No response was given.
48.  02-15-12 sent Rodney the list of home problems again.  No response was given.
49.  2/21/12 contacted Rodney to finish his warranty plus massive foundation problems he is ignoring.
50.  2/22/12 contacted Rodney about damage done to cabinetry and about fixing problems I informed him about over 6 months about but yet he continues ignores it.
51. 02-24-11 Sent Texas Panhandle Builders Association an email for the 2nd time about Rodney and his building practices.  I sent them this full list asking them what I should do.  No response.
52.  02-24-12 Tile guys game and started replacing the entire broken tile while we worked during the day.  We came home having our entire house smell like a cigarette ash tray.  Not only did they do that they cut all the tile in my super clean workshop/garage and didn’t clean up any of the mess.  It took me 3 hours alone to clean their mess in the garage.  This doesn’t include the disaster they left in our house!  We informed Rodney of the above smoking issues via text.  Of course he never responded.  We have a 2 year old daughter and don’t appreciate cigarette toxins in our house.
53.  02-25-11 After a full week of house invasion they finally finished the tile leaving a disaster when leaving. Rodney never offers to clean the mess and we have asked.  Also contacted Rodney about the carpet being pulled completely up and to see when I can expect somebody to come fix the carpet. 
54.  02-27-12 Rodney scheduled the sheet rock crew to come fix several cracks above the arches in the house and they didn’t show.  He scheduled them for 4:00 P.M. so my wife came home from work asap and waited to pick up our daughter from daycare and they never showed up.  Like I have stated before he rarely responds.  In the unlikely event he does respond he sets up ghost repairs. 
55. Thursday, February 23, 2012 Sheet rock crew called at 1:45pm to ask when a good time to come fix our sheetrock would be.  Since we were getting tiled laid down in the kitchen, he couldn’t come that day so he said he would come on Monday February 27.  He did not show up so I sent him a text asking him if he was coming.  I did not get a response.
56.  Sheet rock crew called on Tuesday February 28 at 11:35 asking if I had just called him.  My response was No and so he apologized and hung up.  I had to start my class back so I could not answer when he called 2 more times. 
57.  When I called him back at about 12:20, I asked him if he was going to come fix my sheetrock at 3606 Portland.  He informed me that he had already fixed it.  My response was “No, you called me on Thursday and told me you would be here yesterday “Monday” and you didn’t come by.  He asked if I was there now and I said no but that I would be there at 4:15-4:30.
58. 02-28-12 contacted Rodney via email to ask again if he would send Max the carpet layers workers over to fix all the spots that need stretched for the 3rd time plus fix where the carpet layers had to pull it up.
59. 02-28-12 Sheet rock crew stood us up again as we waited on him for a full hour before going about the afternoon.  This makes the 2nd day in a row.
60. 02-28-12 sent the following to Rodney.  Since Rodney will not respond I was forced to seal the window to prevent spring wind/dirt storms from getting the house filthy and to prevent expensive HVAC air from escaping.  This of course if temporary while we wait for action.  We waited a full hour on your sheet rock crew again from 4-5.  No shows.  Chrissy called him and he committed to 4:00.I have attached some photos for you to view.  The windows are pulling away from the house.  We have a gap between the house and the windows as the photos prove.  You can do something about this shifting foundation or we will take legal action.  I contacted the Texas Panhandle Builders Association and sent them the documentation.  They informed me you are not a member and I can see why.  They also told me to open a better business bureau  case on you.  I did took the advice and did just that. They said if that doesn't work to get in touch with a real estate attorney and send a formal letter.  We all ready contacted the attorney  Barney Taylor L.L.P of Oklahoma City.  if that doesn't spark you to do what is right I will be forced to seek full legal action.  
61. 02-29-12 Informed Rodney that the door that is stuck in the middle bedroom is buckling in the center of the frame.  He never responded.  This house is falling apart.
62. The door leading to the garage had to be redone.  That was a full day that was robbed from us.  Yet again we had to do all the cleaning from the aftermath.  To this date 02/29/12 the door that was redone has yet to be finished and it also has a crack above it.  The door was worked on Dec 29, 2011 and still not painted from having to take the doors trimming off.  This is the same door that had to be adjusted by Duanne 3 times before it was completely redone.

63. 03-01-12 Contacted Malissia Miller because Rodney will not respond. Sent her some pics of foundation damage.  I send her a series of 5 emails.  I broke up the emails so that the files would be small to go through.  Each email contained detail photos with description of what each photo was.  They showed cracks above all the arches.  They showed door frames buckling in the middle causing the sheetrock to push outwards in a triangular fashion.  They showed windows cracked and pulling away from the house itself.
64. 03-01-12 Sent pictures of window damage to malissiamiller@yahoo.com.
65. 03-01-12 Sent photos of sheet rock cracks and door buckling.
66. 03-01-12 Sent photos of cement/foundation cracks. 
67.  Malissia at malissiamiller@yahoo.com. 
68. 03-01-12  Malissia informed me via email that Rodney is done and is not fixing anything.   She told me to get an attorney if I wanted to get anything fixed.
69.  03-02-12 Called Max Stubblefield and scheduled Monday for the Carpet repairs.  He told me if anything came up his worker has my phone number and will call to inform us.
70. 03-03-12 asked Malissia for a list of subcontractors that she promised in a earlier email that is documented below.
71.  03-05-12 Sent Rodney and Malissia both emails asking for the list of workers that she promised again.  They sent it via email. 
72.  03-05-12 Max Stubblefield's promised "My worker will be at your house to fix the carpet at 4:00.  If he cannot make it he will call".  Of course the worker did not show as we waited for him all afternoon.
72. 03-06-12 Emailed both Rodney and Malissia the following message. I called Max as you recommended to schedule a time for carpet repairs.  He scheduled Monday March 5th for repairs to be made at 4:00.  He told me the worker had my number and would call if anything came up.  Nobody showed up and nobody called.
73.  03-06-12 I called Max (carped guy) again and told him his worker did show up.  He told me he was half way thru eating a taco and when he finished he would call his worker and get back with me.
74.  03-06-12 Max called and claimed his worker would be at our house a little after 4:00 and would call before he came.  We will see if this happens as we constantly could stood up.  Rodney will not help me with repairs so I am being forced to contact his employees myself.  This is crazy ridiculous and highly unprofessional on Rodney’s part.
75.  03-07-12 called David Brown left detailed message about needing cabinet/granite repair.  No response.
76.  03-07-12 called Stock Supply about getting some doors fixed.  They told me they would call back and schedule a time.  No call back as promised.
77.  03-08-12 called David Brown left detailed message about needing cabinet/granite repair.  No response.
78.  03-08-12 called Stock Supply about getting some doors fixed.  They told me they would call back and schedule a time.  No call back as promised.
 79.  03-08-12 From: Winchester, John B
Sent: Thursday, March 08, 2012 3:41 PM
To: 'Rodney Miller'
Called stock supply about fixing the doors and they said they would call back.  They did not so I called again today.  They told me Rodney was taking care of it.  Who will be coming and can you give me a time and date. We will be home the majority of spring break that is coming next week.   If the repair man can call we can make preparations to be home.
80.  03-09-12  I Sent Rodney a text about fixing the doors.  Stock Supply told me Rodney was doing it.  Rodney hasn’t told me anything of the sore.  This is his way of ignoring it.
 81.  03-09-12  Chrissy Sent Rodney a text about fixing the doors.  Stock Supply told me Rodney was doing it.  Rodney hasn’t told me anything of the sore.  This is his way of ignoring it.
 82.  03-09-12  Call David Brown for the 3rd time to fix the granite.   No response or return call
83.  03-14-12 sent Rodney the following message. still wondering when the doors in the house are going to be fixed.  we have been home all week. 
84. 03-15-12 Coffee Plumbing which is one of Rodney's sub contractors had a appointment for the morning hours to fix our leaks in faucets.  Its currently 4:00 and nobody has shown.
85.  03-15-12 Called Coffee Plumbing to reschedule
86.  03-16-12 Found out that the BBB tried to contact Rodney many times and he ignored them as well. d
87.  03-21-12 sent MaLissa a email "I have called David Brown and Stock Supply both as you stated to fix the final repairs.  Contacted David and Scott from stock supply two weeks ago.  David told me he would get to it.  Called David back today as nothing has been completed and he told me to go through Rodney.  Stock supply also told me that Rodney was fixing it and nothing has been accomplished".  So in other words you told me to contact the sub contractors directly but then the subs tell me to call Rodney.  What a business you have.
88.  03-21-12 contacted Scott with Amarillo stock supply and left a message as he did not answer.
89.  03-21-12 contacted David Brown to get the Trim put on our granite and brackets on granite.
90. 03-21-12 Contacted Rodney about scheduling the doors and granite to be finally repaired.  Sent him a text.


Some copy and pasted emails sent to Rodney
Rodney we are writing to see if while the house is going to be dirty from the tile being laid if we can get some of the final items accomplished.  No response and nobody sent.
Carpet fibers coming free. Carpet showing extensive wear after only a few months and we have already had it professionally cleaned by C & M carpet cleaners trying to get fibers upright. 
We just ran into yet another sheet rock crack above the arch.  To begin with every single arch in the house was cracked and had to be fixed. This makes two that re-cracked.  What will it take for you to realize or actually type a email or text to do something about it.  We document every single problem with pictures and the day we sent you the information.  I have made you well informed and have over 60 documented contacts with you responding to a tiny fraction of them.  I have photos of all the damage that this foundation has caused.  Something is wrong please do something about it.  I spoke with Jennifer Hudson who purchased one of your home.  She informed me she had to move as a result of your p+-oor craftsmanship and the damage the home she purchased from you incurred.

 I have attached 3 pictures of some more carpet that has pulled away from the wall.  We have about an inch gap where it’s receding.  In a previous email I informed you of another carpet problem located where the kitchen meets the entry to the living room and that entire section has pulled away.  We now have the shower door not shutting as the bottom of the door makes contact with the marble.  On top of that I have been adjusting cabinets that do not shut as one will hit on top of the other.  As you have probably heard by now we had 32 tiles that need replaced as they are hollow underneath and it only a matter of time before they crack.   This is getting out of hand fast.   You cannot convince me that this is normal because I have owned property in Amarillo and I am familiar with its soil problems and none of this things happened.  I spoke with Jennifer Hudson and she informed me that she sold her house as a result of the same problems we are facing.  This seems to be a recurring problem stemming from foundation issues.  She had cracks, cement repaired, rooms that buckled in the middle similar to what is happening in our master bathroom.  We love our house and please find a way to fix all these issues going on as we are tired of having to plan and have our home life interrupted.  I will attach a list of the remaining items but I fear if something is not done to stabilize the foundation we will continue with the issues.

Foundation issues below.  These have been sent to Rodney countless times.
1.   Every door in the entire house excluding closet doors has been fixed at least once and some have been re-hung.
2.   Back porch had to be jack hammered up and replaced due to the fact that is rose up over 2 full inches causing water to be trapped in the back porch.
3.   32 Tiles with hollow spots underneath them
4.   Tiles that have rose to a pitch causing them to come to a pitch. Levels will teeter back and forth and the pitch is visible with the naked eye alone.
5.   Cracks that had to be filled with silicone which I understand the it cracks but it is happening at a higher frequency than normal.
6.   Cracks had to be repaired on every arch way in the house and some have  already re-cracked.
7.   Cement under the gate in the backyard rose up significantly causing the fence installed to come twice to cut the bottom of the gate to all for clean operation.  He came on two occasions with a reciprocating saw and cut of several inches due to the cement shifting.
8.    Cabinets are sticking because of contact with one another.
9.  Shower door is not shutting properly because it makes contact with the marble base.
10. Cement crack all over house.  Some happen yes but to this extent is disheartening.
11.  Windows in the house have set loose from the original caulk and the  bottom of the window where is meets the wood have set loose. 
12.  Crack above the arches have returned again. 
13.  After the tile was pulled up it revealed multiple cracks that I photographed.  The tile layer put a compound on it allowing the cement to move and lessen the chance of cracks.
We have been told by several of the workers that came to do repairs that there is no question the house has movement and that it is causing problems.  No question that you have some foundation problems and that is moving.  The tile guy gave that quote.  Duanne the door  installer gave that quote as well.
14. Entire piece of granite cracked. This is a 9 foot piece that cracked the entire length of the kitchen island.  I told Rodney about the problem with it was inches long and he ignored me every time.  I told him countless occasions the crack was getting worse.
13. My neighbor the lives 10 feet east of me has not had a single crack in his wall or a single issue I speak of above and I have his quote on that.  That just goes to show spotty craftsmanship and poor building practices.
14. Marble on tub literally fell off having to be replace.  Another interruption in our lives. 15. 02/28/12 Just got done sealing every single window in the house.  The house is literally pulling away from the windows.  I have photo documentation.
15. Microwave - Every time the door to the microwave shuts a significant amount of debris falls out onto the stove.  This has happened every time we shut the door since the first day we owned the house.  Video documentation was taken.
16.  The outdoor fireplace has insulation that falls out of it every time it's windy outside which is most the time in Amarillo Texas.
17.  The hot water heater has a little tiny room with a door on it.  Insulation somehow falls into this room every time it's windy as well. 
18.  Front door has fallen and has a huge gap at the end of the door. This creates problems when shutting the door.

Our house has not been enjoyable because of the endless repairs that have resulted from Rodney ignoring the foundation issues that we have informed him of on endless occasions. Below you will find a portion of the attempted repairs that have interrupted our lives and caused endless amounts of stress.
1.      Fireplace had a big gash in it.  Man came tore it apart, replaced the panel with a non-matching part.  He had to come back months later to fix it correctly.
2.      We moved in to a filthy house that was 100% unclean.
3.      Carpet was laid on a dirty slab with no attempt to sweep it.  As a result of this the carpet has been destroyed and comes of the tack strip continuously.  We have followed the manufactures recommendation of having it professional steam cleaned every 6 months.
4.       32 tiles hallow.  Tile guy came and replaced the broken tiles with non matching tiles and wrong sized tiles as well. After this we had the wrong color and size tile without grout for a month.  Then they came back into the house to redo the entire kitchen leaving a massive mess with no offers to clean up. 
5.      Hole in roof 12x12 inches with only tar paper covering the empty space. They put in a vent to hide this.
6.      Entire back porch had to be relayed from slab falling down 2 inches making a water trap in the porch. It’s still not fixed.  Pictures prove that the slab still slopes toward the house.  I put a level on the slab and photographed the house.
7.      Fence gates had to be fixed 3 different times due to shutting issues.  They would not shut and had to be cut.  The third time the fence repair man hacked the bottom of the gate off leaving a very uneven cut that we had to fix ourselves with a piece of door trim.
8.      Toilet leaked and had to be fixed by us because Rodney would respond.
9.      The door in Trinity's room is still not shutting properly.  Now are door in the master bedroom will shut properly.  Both doors are making contact with the top door jam.  Duanne has been unsuccessful at solving the problem and has been inadequate 3-4 previous times at remedying the solution.  The windows in the master have set loose from the caulk.  So has the wooden bottom part.  I put silicone to reseal them put I am sure this signifies a bigger problem. 
10.  Tile and grout cracks that caused our house to be a dusty chaotic mess on 3 different occasions.  Slab cracks all over kitchen that made the entire kitchen floor have to be replaced.
11.  Carpet had to be re-stretched 3 different times because it keeps coming off of the tact strip.
12.  Since day one I have been forced to spend my own money on warranty items because Rodney won’t fix anything without sending contacting him until your exhausted.  An example (Toilet with a very severe leak and Rodney will not respond so I had to do it.  We told Rodney our kitchen granite had a little crack.  He did nothing.  That little crack turned into a huge one that spanned the length of the piece.  The entire island had to be removed and our house turned into a dirty construction zone and our time wasted because Rodney ignores problems. 
13.  Tile guys game and started replacing all the broken tile while we worked during the day.  We came home having our entire house smell like a cigarette ash tray.  Not only did they do that they cut all the tile in my super clean workshop/garage and didn’t clean up any of the mess.  It took me 3 hours alone to clean their mess in the garage.  This doesn’t include the disaster they left in our house!  We informed Rodney of the above smoking issues via text.  Of course he never responded.  We have a 2 year old daughter and don’t appreciate cigarette toxins in our house. We have plenty of pictures documenting all this mess.
14.   More money out of my own pocket.  My entire tile floor had to be redone leaving the carpet pulled up.  Dust and film over everything we own.  Baseboards tore up.  Paint chipped off the wall.  We have had to use our own cleaning supplies and wasted two filters off of two different shop vacs that had to be replaced.  We have spent hundreds of dollars in cleaning supplies alone from this one job.  The sad thing is so many of the same situations have happened in the past. Rodney never offers to hire somebody to clean up the mess.  We asked  and he of course never responds. 
15.  Rodney lied to Chrissy’s face.  Stating he had never heard of a solid piece of weather stripping for a double garage door.  We drove down our alley and every single home has a solid piece. We have photo documentation.
16.  Max is the owner of the carpet store that installed our carpet.  I told him about the sand and dirt that his workers laid the carpet directly on top of without sweeping.  He responded by telling me “That doesn’t matter and the dirt underneath cannot come through the pad.  He blamed the all the worn carpet with tons of fiber loss to our big dogs.  We do not have big dogs.  He is fishing trying to find problems and ignoring the real issue. We have informed he and Rodney since the first 3 months that we have horrible wearing and staining from the slab not being swept. 
17.  All these interruptions in our life have resulted in a huge loss of quality of life.  We both work and come home to a house that is constantly having to be cleaned up from workers.  It takes time away from family and our daughter especially.  It has caused lots of family and relationship stress.
18.  I have photographed the back porch with a level in place to show how the slab angles toward the house.  Any builder that has any knowledge will tell you that water should flow away from the structure.  Not our house, water gets trapped inside the back porch creating a pool of water.  Just look at the photo and judge for yourself.
19.  We had to have the carpet cleaned again after the dust filled the air causing more carpet problems from the tile.  If Rodney and his workers would address the real problem we could be done with each other instead of my builder taking short cuts to save a few bucks.  But at what cost.  The loss of valuable family time that my wife and I have to spend cleaning up after these slobs. We have not been reimbursed for a single penny of the countless hours of labor and goods devoted to making this place livable after they destroy it. .
20.  During the tile job for literally the 4th time before they decided to do it right I broke out with a caused of Doctor Document eczema and psoriasis from the interaction with all the dust filling the air. I can prove that this break out coincides with this job. I was also forced to replace all 3 of the house filters that had been crammed packed with tile dust. During this week from 02-21-12 thru 02-26-12 we have had to endure no use of the kitchen, washer, dryer, living with all the supplies normally found in the kitchen in our living room.  No offer on their part to help move any of the table and chairs, washer, dryer, and entry cabinets.  I while battling RA and 3 dead disc with 3 knee surgeries was forced to endure pain while moving heavy furniture.  It was that or pay somebody to do it.   And of course that would be money never returned to me.  
21.  You would think a buyer who paid full asking price would receive better treatment.
22.  To get Rodney to fix a single item on the list take you exhausting yourself by flooding him with instant messages, emails, voice mails because he never answers our calls before he will send someone.  Even if you get him to honor a tiny portion of the warranty he will not inform you of when to expect them.  They just show up and tell you Rodney sent them.  You have no idea who you are letting into your home because he fails to communicate with you.  I have had nearly every worker who came into my house tell me that Rodney has poor communication and usually will not answer their calls either.  He is impossible to deal with.  I have asked him many times to at least tell us so we can expect who is coming and make sure to be home for them.  I stayed at home spring break of 2011 for repair men to come work on the home while my family went on vacation to Oklahoma.  Nobody came and Rodney was made known I would be home the entire break.
23.  When painters came right after we purchased the house they touched up the entire house with the wrong color.  We had wall from room to room with patches of incorrect color.  I told Rodney of this and it took him 2 weeks to get me some supposed correct color.  I told him I would do the touch up work myself because of the incompetence of his help.  Well he proved to be incompetent as well after bringing me the wrong color for the 2nd time.  As time would prove 3rd time is a charm and he finally proved his worth.  I had to touch up so many spots I used the entire gallon and still have yet to receive more. It gets better.  He and his staff couldn’t figure out what color they painted the garage.  After they touched up the wrong color they had to repaint the entire thing leaving us stuck in the house babysitting. When we move in the exterior of the house hadn’t even been finished.  The inspector did his work before the house was complete.  How is this possible.  Rodney told my realtor that the house was ready to be moved into so closing was set.  When we came to few our new home after closing we found carpet layers in our new home who only had one room complete.  This goes to prove his incompetence as a builder even further.  My Kellor Williams realtor can verify this information as factual.
24.  Rodney self-admitted to us that his painters are illegal aliens from Mexico.  We didn’t know how to respond to this information.  It stunned us to say the least. 
25.  Rodney told my realtor that the house was ready to be moved into so closing was set.  When we came to view our new home after closing we found carpet layers in our new home that only had one room complete.  We watched as they laid carpet on upswept flooring.   This goes to prove his incompetence as a builder even further.  My Keller Williams realtor can verify this information as factual.
26.  The house hadn’t even been fully textured or painted. So more interruption of our lives.
27.  Sheet rock damage from mirrors hung horribly uneven with gashes where they had to move lighting.  More interruptions not to mention the unsightliness of our supposed brand new home.  This can all be proven on documentation my Realtor has with Rodney’s signature on it.
28.  We went over a month with some cabinet doors that had to be rebuilt.  Not to mention the workers from had to come adjust all the cabinet doors and finish trim work that had yet to be completed.
29.  We have a small office space that had to have electricians come finish wiring the job.   This on a suppose move in ready new home.
30.  Garage 3 garage door panels had to be replaced because somebody dented them all up and on panel had been backed into.  This was yet another interruption with us left cleaning up the mess.
31.   Marble tub surround had pieces that literally just started falling off. This was yet another interruption with us left cleaning up the mess.
32.  02-28-12 had to seal with white silicone every single window in the house. The house is pulling away from the windows.  Photo documentation was taken.
33.  Microwave - Every time the door to the microwave shuts a significant amount of debris falls out onto the stove.  This has happened every time we shut the door since the first day we owned the house.  Video documentation was taken.
34.  The outdoor fireplace has insulation that falls out of it every time it's windy outside which is most the time in Amarillo Texas.
35.  The hot water heater has a little tiny room with a door on it.  Insulation somehow falls into this room every time it's windy as well.
36.  Shower drain had all the sealant fall out leaving a unsightly mess.  Tub and shower workers had to come reseal the drain leaving the house smelling like acetone and silicone.
37.  Cabinets where not finished when we moved in so Rodney's illegal workers came in and sanded and stained them with the doors still on the cabinets.  They even went so far to polyurethane the cabinets with them still own.  This left our house a stinking mess with a chemical haze in the air for my 2 year old and us to breathe.  Rodney for some reason wanted me to know they are illegal's that he hired. This stunned us.
38.  The house had not even been fully textured upon moving in.  When shaving and shaping the sheet rock no protective coverings for our furniture it just all landed all over our possessions.  Never a offer to clean it up.  Never a offer to hire somebody to clean.  And of course no reimbursements for labor and cleaning expenses.
39.  Approximately 20 fence panels had to be replaced due to massive warping making the top of the fence bow at the top.  My wife and I stained the fence when moving in so when the subpar lumber was replaced we got left having to stain the fence a second time.
40.  The door leading to the garage had to be redone.  That was a full day that was robbed from us.  Yet again we had to do all the cleaning from the aftermath.  To this date 02/29/12 the door that was redone has yet to be finished and it also has a crack above it.  The door was worked on Dec 29, 2011 and still not painted from having to take the doors trimming off.  This is the same door that had to be adjusted by Duanne 3 times before it was completely redone.
41.  Entire slab of granite was replace one time when Rodney ignored that it was cracking.  Then they put it in rushing to complete the job.  So they put it on uneven.  It had a big time slop so bad they came back again after 10 or so calls and emails to shim it level.  It currently is better but still not fixed and sags in the middle like a hammock.  After shimming it they left a 1 inch gap of silicone and didn’t trim it out.  It also has an 18 inch over hang that they did not support.  Rodney brought over the brackets but they told me it didn’t need it hastily then left with the job unfinished never to return as they promised.
42.  My mom kept my daughter at our house when we bought this house.  Rodney shows up out of the blue unannounced and uninvited and rings the door bell, comes in and proceeded to show the house to a potential buyer.  All this was done while my wife and I were at work and had no idea this was going on.  This was very unsettling that months after we purchased the house our builder barges in and starts showing the home that is no longer his.
1.    We have lots of big sheet rock cracks above the arches again. We have cracks that are bowing outward on door frames.
2.    Brackets need put on for supporting the granite as they would not put them on and claimed they would contact me again and never did. Also we have a very big and ugly gap with tons of silicone exposed where they had to raise the granite with shims to level it that need to be trimmed to hide the work.
3. Multiple doors not shutting properly.  Master bedroom door and Trinity’s bedroom door not working as should.  Duanne has attempted to fix this problem 3-4 times and has been unsuccessful. 
4.  Shower door barely shuts because the flooring in the bathroom has risen.  You can see the tile peak in the middle of the floor.  If you set a level in the middle of the master bath floor it will teeter back and forth.
5.  Windows pulling away from house as shown in pictures need to be addressed.
The below email is from the Texas Panhandle Builders Association.
From: Lew Bradshaw [mailto:lew@tpba.org]
Sent: Monday, February 27, 2012 11:21 AM
To: Winchester, John B
Subject: Re: please review this documentation for me and inform me who I need to get in touch with.
Mr. Winchester,
This is the first information that we have received from you. Your builder is no longer a member of our association. You may want to file an complaint with the BBB. I might suggest you sent a certified letter to your builder. If all else fails you may have to get an attorney involved.
On Fri, Feb 24, 2012 at 1:25 PM, Winchester, John B <john.winchester@amaisd.org> wrote:
I have a concern with my builder.  I have contacted this organization before and never got a response back.  Perhaps I am contacted the wrong association.
MaLissia Response
I will send you over a list of contractor's that worked on your home.  Please feel free to contact them directly if you have any concerns. Rodney did call to have the carpet tacked back down. Your one year warranty was up as of December 27,2011. Again, your warranty has been up for two months and Rodney is no longer responsible for the minor repairs that are required with home ownership.
My response I contacted Rodney many times before that one year.  I am aware of the warranty.  I told him many times about the minor issues and he didn’t take care of them.  I told him before the one year.  As the builder you cannot simple ignore the problems and then tell the buyer your warranty is up. And what is your definition of minor.  Our house is pulling apart.  Rodney is the builder and is thus responsible for honor the foundation for 10 years. 
From: MaLissia Miller [malissiamiller@yahoo.com]
Sent: Thursday, March 01, 2012 2:40 PM
To: Winchester, John B
Subject: Re:
Rodney did take care of the repairs. Your house will continue to have cracks because of the part  the country we live in. His warranty was again for one year. I will not argue with you because I believe no matter what Rodney did it would never please you. I think you are just one of those people that can't be pleased. There is not a perfect house and there will never be.  Rodney fills like he has bent over backwards for you. If you have any other concerns feel free to contact an attorney because he s finished with your warranty.  

My response
Your trying to act like Rodney did me a favor by fixing things after a year.  I told him about all these problems before the year was up.  I have documentation of all the contacts i sent him.  He has yet to finish the minor problems as you call them that occurred during the one year warranty. 
The foundation is far from minor.  This house is cracking apart.  Come over and take a look for yourself if the pictures do not convince you.  Would you want this to be your home. 
MaLissia Response to the above via email on 03-01-22.  I copied and pasted no change in text on anything. 
Rodney called for the carpet to be tacked back down butIi am going to give you the numebr so thast you can cordinate the time. Max Stubblefield 679-9418. Once you have the other list you can call anyone of the subs you would like to.  
I am taking MaLissia advice and seeking a lawyer to help and advise me in seeking lost wages from tons of cleaning supplies.  Seeking reimbursement for all the labor I personally have had to do fixing problems that are clearly covered and Rodney ignored me.  Seeking  reimbursement for hours upon hours of cleaning the filthy mess left behind from Rodney’s workers when they rarely showed they left a disaster of an aftermath. 
My email to MaLissia and Rodney
All the statements are direct copy and pastes with no modifications being made.
I called Max as you recommended scheduling a time for carpet repairs.  He scheduled Monday March 5th for repairs to be made at 4:00.  He told me the worker had my number and would call if anything came up.  Nobody showed up and nobody called.
Her response.
Then I guess you need to call him back.
 MaLissia Miller  
ERA Courtyard Real Estate
806-676-7524 Cell
806-353-2711 Office
806-3591833 Fax
 Inquires made seeking legal help as advised from builder realtor wife. Also included are responses from lawyers that have had email communication with me.
I was referred to you and am inferring to see if you have any interest in my situation.
 I posted some of the details to make it easy for viewing.  They can be found at http://rodneymillerbuilder.blogspot.com/
 Thanks regardless of the outcome.

From: Matt Brooks [matt@amarillofirm.com]
Sent: Friday, March 02, 2012 6:39 AM
To: Winchester, John B
Subject: Builder Issue
Mr. Winchester,
 I would like to first say that I feel for you, as many years ago I eventually had to personally take legal action against the former seller of a home to me due to a large number of undisclosed issues regarding a home I owned in Fort Worth.  The financial stress of constant repair can be quite burdensome.
 Unfortunately, we only handle commercial real estate in our office, and we generally do not litigate matters as we employ a smaller staff.
 I would recommend contacting the Underwood law firm.  I am close personal friends with John Atkins, one of the partners.  If he is unable to help you, they can probably recommend someone else in house or another attorney in town who is more qualified to help you than we are.
 (806) 379-0376
 Best of luck.
 Matthew E. Brooks, Esq.
Law Offices of Brooks & Brooks, P.C.
500 S. Polk Street, Suite 202
Amarillo, Texas  79101
Office:  806-371-FIRM (3476)
Chicago Title:  806-371-3478
Fax Number: 806-371-3477
Email: matt@amarillofirm.com
Website: www.amarillofirm.com Licensed in the State of Texas and the Commonwealth of Pennsylvania
Return email regarding legal action against Rodney.
Good morning, Mr. Winchester.  I’m glad Matt put us in touch.  I’ll run a conflict check to see if my firm could bring the matter in and will check with my litigation section to see who is most current on new home construction matters. 
We’ll be in touch shortly,
John B. Atkins
Underwood Law Firm, P.C.
Telephone:  806.379.0376
Fax No.:  806.349.9471
From: Winchester, John B [mailto:john.winchester@amaisd.org]
Sent: Friday, March 02, 2012 8:48 AM
To: John B. Atkins
Subject: FW: Builder Issue
I was referred to you and am inferring to see if you have any interest in my situation.
I posted some of the details to make it easy for viewing.  They can be found at http://rodneymillerbuilder.blogspot.com/
 Thanks regardless of the outcome.

From: Matt Brooks [matt@amarillofirm.com]
Sent: Friday, March 02, 2012 6:39 AM
To: Winchester, John B
Subject: Builder Issue
Mr. Winchester:
We have confirmed there are no conflicts to us taking this matter in.  At the outset of any matter, we must discuss fees, expectations, and other important issues.  As I no longer do litigation, Adam Blanchard, a colleague at my firm, will be the point-person and he will associate other litigators in the firm as needed.
Please let us know when you can get on a phone call to discuss.  I do not know Adam’s schedule off-hand so please give us a few times you’re available in the next couple of days and we’ll let you know which time works for us.
Thank you,
John B. Atkins
Underwood Law Firm, P.C.
Telephone:  806.379.0376
Fax No.:  806.349.9471

BBB information
Complaint ID#: 99127138
Business Name: Rodney Miller Builder Designer

Thank you for contacting BBB. Your complaint was received by BBB on February 28, 2012 and has been assigned case# 99127138in our files. Please make a note of this number for future reference.

Your complaint has been applied to the following business:
Rodney Miller Builder Designer
210 Turkey Track Trl
Canyon, TX 79015-5901

The case has been reviewed and has now been forwarded to the business for their response. This business has until March 14, 2012 to respond to your complaint. We will notify you after March 14, 2012 and forward any correspondence from the company.

We process complaints at no charge to consumers or businesses. In order to assist us we encourage you to use our ONLINE COMPLAINT system to keep up with the progress of this complaint. The private link, viewed by you and the business, can be accessed with the information below.

https://www.bbb.org/texas-panhandle/complaintreply/c

Please use the following to log in:

Case ID: 99127138
Password: 228h7y

Sincerely,

April Given

BBB documentation that Rodney would not return or answer calls.
Wednesday, March 14, 2012 7:03 AM
Complaint ID#: 99127138
Business Name: Rodney Miller Builder Designer

The BBB has made several attempts to contact the business regarding the above referenced complaint. We regret to inform you that we have not received a response from the company.

The BBB develops and maintains Business Reviews on companies across the United States and Canda. This information is available to the public and is frequently used by potential customers. In the case of your complaint, the company's failure to promptly give attention to the matter will be reflected in the report we give to consumers about them.Reports are available on the BBB website, www.txpanhandle.bbb.org. A copy of the report is attached below.

If the company has contacted you in the interim, please notify the BBB immediately.

The following agencies may be able to assist you further:
Texas Attorney General - 806-747-5238 or
Small Claims Court - Potter County at 806-379-2000 or
Small Claims Court - Randall County at 806-468-5652.

Sincerely,

April Given
Trade Practices Clerk
Dispute Resolution Department































































































































Un painted doors.

 Carpet coming off tact strip.




 Windows coming off wall. Classic foundation problems.  But he won't fix it.  Heck he won't even answer his phone.

Pics of door frame buckling in the middle of the door. Door wont shut plus you have the ugle triangular shaped wall for your guest to stary at.  It a 3D wall the literally comes out at you with a big ugly crack.  Builders wife claims it just our soil in Amarillo.  I understand a house to settle but you have the infor and judge for yourself.

















Big ugly gap of silcicone.  They had the granite completely unlevel and put shims in it leaving a 1 inch gap exposed.



Hard to see in pics but the wall is pulling apart. 























This is my front door.  Look at how it starts tight and then caves in and has a big gap at the end of the door.


This is the top trim that is pulling away. 
Look at the gate that is attached to the house.  Its cracking a pulling apart.
Notice how he cut the bottom to free it loose from the cement after the two came together preventing the gate from opening.