Seymour Couple Settles with Company over Leaky Waterproofing

Seymour Couple Settles with Company over Leaky Waterproofing

March 3, 2004
updated April 19th

By DON DARE
6 On Your Side Reporter

KNOX COUNTY (WATE) -- A Seymour couple has settled out of court with a waterproofing company they said failed to honor its contract.

A small water leak behind their basement heating unit bothered Dennis and Susan Elford. So in September 2003, they hired Desert Dry Waterproofing.

In October, Desert Dry finished the job in three days. But the waterproofing sprung a leak. "Two weeks after, we had major floods in the basement," Dennis said. He took pictures of his wet basement. "It flooded into here. The whole closet was flooded."

Susan said muddy water oozed across her basement into the bathroom. But in Desert Dry's contract, there's a guarantee. The company warrants the workmanship. "Lifetime" it says, initialed by company owner Robert Council.

Dennis said he wanted Desert Dry to come back and make repairs. "But that's not what happened."

Susan added, "I was calling him and I figured as soon as he knew about it, he would come out here, find out what's wrong, and fix it. He never came."

After the basement flooded a second time, the Elfords said Desert Dry's owner scheduled an appointment with them. "I was here at 11:30 to meet him," Dennis said. But, "He didn't show. All he had to do was come out here, check his work, fix it and none of us would be standing here."

So the Elfords hired a second waterproofing company to repair the problem. Since then, Dennis said, they haven't had more issues.

Desert Dry's insurance paid the couple for damage to items in their basement. But that insurance didn't cover the company's workmanship.

"We paid him $3,000 in good faith for him to water proof our basement. He didn't," Susan said. "Therefore, I want my money back."

On February 1st, the Elfords sent a letter to Desert Dry requesting a refund. A few days later, the owner sent a response. It reads, "Desert Dry, the corporation, cannot guarantee the work on this project. We also reserve the right to bill extra for repair work."

In the letter, the owner cancelled the warranty and said he's charging an extra $1,000 for extra work in October.

In a phone call, Robert Council told the couple he's done nothing wrong. "If you think you can hold us totally responsible for damage to your house...or any kind of responsibility...that's just crazy, okay. That job was done correctly."

6 On Your Side went to the company's office and got no response. On the phone, Robert Council said he won't speak on camera. But he repeated what he told the Elfords. He's not responsible for the waterproofing job that leaked.

6 On Your Side checked court records in Sevierville and found that Robert Council submitted the original contact that he signed, along with the Elfords, to the Sevier County court clerk. It says "lifetime warranty" and it's signed September 9, 2003.

But Council submitted a different version of the contract to the court. It says "no warranty" and the date was been changed to October 15, 2003.