HOW DO I FILE A COMPLAINT WITH THE BIA?
Building Industry Association of Central Kentucky members, whether Professional Builders, Professional Remodelers or Associates, have agreed to abide by the governing principles of this organization, its values and Code of Ethics. Successful customer and member relations always involves good communications. The sooner concerns are explained to the involved parties (builder, remodeler, service provider and consumer), the faster the situation can be resolved.
Occasionally, after contractual obligations and warranties have been reviewed and verbal and written communications attempted, the matter in dispute remains unresolved. At that point, there are several options available. It is important to take action as soon as the parties recognize that the conflict cannot be resolved between themselves.
ONE YEAR WARRANTY
The Building Industry Association of Central KY only has jurisdiction during the one (1) year period after the closing date. If you are outside the stated time period, consider contacting the Better Business Bureau, 859-259-1008.
WHAT IS A CONCILIATION?
The Association will have at least two members of the Conciliation Team from the Professional Standard and Registration Committee conciliate between the homeowner and builder. The three parties will meet on site reviewing the list of complaints and attempting to reach an agreement between the homeowner and builder.
Conciliation is limited to the construction of your new home, after it is closed and within one year of closing. The intent is to ensure all work follows the guidelines of the National Association of Home Builders as provided in the Residential Construction Performance Guidelines. All other concerns are not within the jurisdiction of the Building Industry Association of Central KY.
The Association provides the conciliation procedure only as a service to its members and the home buyer and does not undertake or guarantee, expressly or implied, to perform any obligation of Builder resulting from such procedure. If the parties are unable through conciliation to mutually resolve any controversy or claim arising out of or relating to the limited warranty, or an alleged breach thereof, then it shall be settled by binding arbitration in accordance with the Rules of Mediation Center of Kentucky, Inc., and the Kentucky Arbitration Act.
WHAT IS REQUIRED TO REQUEST CONCILIATION?
Please complete the below BIA Conciliation Form. In the form, the homeowner should list all the problems in which they are requesting action. If the issues fall within the BIA Central KY Conciliation jurisdiction, the homeowner will be contacted by a member of the BIA Central KY Professional Standards Committee.
After the homeowner is contacted by the Professional Standards Committee, the homeowner's Builder will be contacted and provided the stated issues. The Builder needs to be given appropriate time to respond which the Association considers fourteen (14) days to be adequate time.
After the fourteen (14) day period, if the accepted BIA Conciliation jurisdiction issues have not been addressed, please email email@example.com. Further instructions will follow, including: The homeowner will need to submit a conciliation fee of $200 for administration cost. The Builder/Remodeler Member will be billed $200 when a team is assigned for conciliation. The provisions shall not apply unless the Builder is at all times during the conciliation process, a member of the Building Industry Association of Central KY.
The Building Industry Association of Central KY has found the conciliation process to be agreeable to both the Homeowner and Builder.
Things to note to be considered for the BIA Central KY Conciliation Process:
- Builder must be a Member of the Building Industry Association of Central KY during the construction process and requested Conciliation Process.
- The BIA Conciliation Process is only applicable within one year of the project's closing date.
- Only building defects / warranty items will be considered in the BIA Conciliation Process.