Bad Siding need advise please

I signed with D R Horton to begin building my home in Oct 2004 and I closed on Jan 2005. We began remodeling our master bath Dec 2011. When we were ready to change out the window we noticed many corners chipping on the siding. I will attach a journal that we are keeping for the details. What we need is to determine what brand of siding we have to get it replaced. Our research is leaning that the installation was not proper…so D R Horton is not cooperating very well with us. Even though my DRH paperwork shows Hardi Plank, James Hardie Products say it is not their product. We would appreciate any advice you could give us. Here is a copy of our journal thus far:

On September 14, 2004 I signed the purchase price/option addendum to earnest money contract with D R Horton.

January 28, 2005 I closed on my house at 426 Sampson, Kyle, TX 78640.

We have a 10 year written warranty for new homes with D R Horton. Also, in studying on the internet, for example: James Hardi Inc offers a 25 year warranty, if product is installed properly.

On December 26, 2011 we talked with McCoy Lumber about the siding. We were told Hardie siding needs to be screwed not nailed. Also, it is to be attached on the upper portion of the siding. Ours is nailed on the upper and lower of each siding. Also, the nails are less than ½ inch from the edge of the board. The amount of fasteners the builders used is doubled resulting with even more rigidity stress.

We notified D R Horton on December 27, 2011 to file a customer service call.

December 28, 2011, we were emailed that J. R. Sutherland of D R Horton will get with us after January 1, 2012.

January 3, 2012, J R Sutherland emailed to arrange a visit with us on January 9, 2012.

January 6, 2012, J R Sutherland emailed to arrange a time. We agreed on around 9 to 9:30 am on January 9, 2012.

Mr. J R Sutherland came on January 9, 2011; he took pictures to report back to D R Horton. We were told the next week that D R Horton had the siding installed per building code of City of Kyle which at that time was coded for 2000.

January 24, 2012, received email from D R Horton customer service notice that since they are unable to address our warranty request…that our case is closed.

January 26, 2012, talked with the City of Kyle Building Inspectors office, Mr. Garry Edwards. They do give the information of the minimal building codes but they are to use their judgment. Per suggestion of City of Kyle, we called the James Hardie Building Products in California to learn what the installation recommendations were. We talked with Leah Parks, Claims Administration, they asked us to please scan pictures to them. Then we talked with D R Horton again to file another customer service report for Mr. J R Sutherland to return.

January 27, 2012 we received email from Ayana Riley of Claims & Warranty for James Hardi Building Products that the grain pattern is not their product. They gave us a letter to the effect.

January 30, 2012 received email from D R Horton that J R Sutherland will be contacting us.

January 31, 2012, J R Sutherland emailed us to see what the difference installation that we are referring to. He emailed his response and a website that describes the method of “pinning”. I forwarded his emails to Leah Parks and Ayana Riley of James Hardie. Ms. Riley called us and said she will email her response. We learned from her email that the siding is to be fastened using the blind nail or face nail application. To determine which application was appropriate per the building code at the time.

February 1, 2012 called AG to see if complaints have been filed against D R Horton. Told of process to send a letter of request to their office. This is our letter:
TO: Reg Hargrove, Public Information Coordinator
FAX: (512) 494-8017
DATE: February 1, 2012
We are requesting if complaints have been filed against D R Horton. This is the company that built our home in October 2004. We closed on January 28, 2005.
In December 2011, we began remodeling our master bath. After installing a different size window we noticed some issues;
(1.) There is no vapor barrier around the sides of our existing windows.
(2.) Hardie boards were improperly installed using flush nailing & blind nailing.(recommendations from most vendors was blind nailing only)
(3.) Flush or surface nailing was too close to edges of Hardie Plank. (Causing corners to break off when Hardie plank expanded this last summer.)
On January 9, 2012, J R Sutherland of D R Horton came to see the issues. He said all was built according to City of Kyle building codes at the time and D R Horton is not responsible. We checked with City of Kyle building inspector, he said they give the minimum codes to the builders hoping they will use good judgment of service and product. We also contacted James Hardi Inc in California of our issue. We sent pictures to them and they said it is not their products grain pattern. We cannot learn from D R Horton of who they purchased the Hardi Plank used on our home.
We have a 10 year written warranty for new homes with D R Horton. Also, in studying on the internet, for example: James Hardie Inc offers a 25 year warranty, if product is installed properly.
Could you please email us that you have received this fax at

February 2, 2012, we talked with the City of Kyle building inspection department again today. They also said the same as the James Hardie about installation…use blind nails or face nails not both. We talked with several independent building inspectors to see if they would assist. The only ones that said they would get involved were (1) William Marc Arnold 345-6620, he said he would have to educate himself on the siding but he recommended; (2) Glen Davis of Eagle Inspection. Mr. Davis suggested talking with the local James Hardie rep before having him do an inspection. So he has the ability to talk with the rep and let us know.

February 3, 2012, met with Attorney William Peckham, paid him $442.00. Left him all D R Horton paperwork and 10 year limited warranty. We were given homework. Bruce found a site and email data to him about installation of Hardie Plank. We had a message from Glen Davis that he talked with local Hardie rep and he said our siding was Maxi Siding.
February 4, 2012, found in a Google search for Maxi Siding company in Mexico that is a trading company. A2G Group contact person is Selene Hernandez in 1925 Bravo Laredo Tx 78041. Unable to call them but their site will let you email them. Sent this email:
We are trying to locate the manufacturer for Maxi Siding. We need to replace several boards on our house and we can not find anyone around us in Central Texas. Our home was built by D R Horton in 2004 if that helps.Thank you, Zoe Fallgren zls823@gmail.com512-268-7426
Bruce found James Hardie instruction manual online, he will email Mr. Peckham and make copies so we can show it to J R Sutherland when he comes next week.
Sent email to HOA:
We need guidance. Our house is 7 years old and our siding is chipping from the corners because of the location of the face nails. We have talked with City of Kyle building inspectors. They said to get in touch with the James Hardie Building Prdts in CA…we did that and sent them pics of the siding…they said it is not their grain pattern. We can not get Lowes, Home Depot or McCoy to recognize who else could have made the siding. D R Horton is not wanting to take responsibility because they said they went by Kyle and James Hardie installation requirements. Now I am really angry because my house is too young to have these issues. Bruce has found the James Hardie manual online, by it DRH did not follow their instructions. Does the HOA have any recommendations for us, please…We can not afford to replace all the siding.

February 5, 2012, sent email for advice to InterNachi.

Thank you,
Bruce & Zoe Fallgren