How do you deal with warranty work on your house?

[waikoloa]

I purchased a home from a developer, DR Horton, on the Big Island. I had heard prior to purchasing to be very careful about making sure everything was correct before purchasing because their warranty department was really bad.
Anyway, everything was pretty good at the house so we closed on it. The only problem we have had is that the fireplace does not work. It has been this way for a year and a half now and I have contacted them about resolving it just about every month. At first they kept on extending the flue and then after they maxed out the height they just say they are trying to figure something out, but never do anything.
I gave them a month in February to either fix it or convert it to gas. They tell me once to twice a week they are working on it, but of course no one is out here "working on it". I would just like to be done with these guys. How do you resolve this? Do I try to take them to small claims court to get something to cover my cost to fix it? Do I hire an attorney to contact them (I really don't want to go this route)?

Any input would be greatly appreciated as this is my first new home so I am not sure how to handle it.

[mauibeachbum]

Having been a home building contractor for number of years, this story makes me shutter.
Guess, for me, it was just one phone call and we took care of the problem. That would have of course been exempted if the home owner had requested a restriction in the height of the chimmney to "what was pictured in the Sunday paper". That also would be qualifed if I told them in advance that the fireplace may not vent properly.
I was a custom home builder and many of my homes were built based on a page torn out of the newspaper or plan book. A fireplace is a fairly complicated device, unless it was a factory assembled unit.

I would imagine that small claims court (which doesn't always solve anything other than agree with your claim or not). While it doesn't necessarily stand out in your front yard to enforce repair or compensation for repair, it will make a judgement the you are either correct in your claim or not. It may just be the first step but a documented judgement on your side would help you for any further action. It may also encourage the contractor, if reputable, to do something about it.
Good Luck !

Of course, my opinions might be a little basic because for so many years when I wanted to move to Hawaii, I was willing to become a backhoe tractor driver for the highway department. I had resolved to myself that I would have been the best darned Pothole fixer there was in Hawaii.
Rich

Oh, you could also suggest a "public pulse" comment in the paper but that might not improve your negotiatons

[waikoloa]

Yeah after making a few posts the response I get is that DR Horton is supposed to be pretty good about their warranty work. Every time I call their headquarters in Texas I get about five people calling me wanting to get it resolved. I guess I just have to call them a couple of times a week. I just hate to bother them because at the end of the day they really can not help the people out here.