My Home's Nightmare Renovation

Code violations cited by Professional Engineers

February 2009 Correspondence

From: Mackay, Michael
Sent: Tuesday, February 03, 2009 4:07 PM
To: 'mmetzler@myhomeus.com'
Cc: 'Lior Noy'; 'Mackay, Meggan'
Subject: 42 Maple - Feb. 2, 2009 telephone conversation with Lior Noy

Good afternoon, Mayan,

I just want to reiterate Meggan and my position that work to complete our renovation needs to proceed full speed regardless of how or when (if at all) MyHome receives full or partial compensation from Michael Palmentiero (dba "Touch of Class") or his insurance company. Lior implied yesterday in a telephone conversation that the scope of work to correct code violations and other damage to our property may be linked to what Mr. Palmentiero's underwriter deems necessary.

We adamantly disagree. It may take months before MyHome and its various subcontractors allocate blame for the damages we have suffered, but in no event should this process detract from MyHome's primary responsibility to fix our home. Besides, claiming Touch of Class's insurance should cover all remediation costs suggests MyHome, the Project Manager and Architect are completely blameless for the "pervasive lack of construction management throughout the alteration project." We feel this was not the case. In any event, Meggan and I do not wish to be part of a "blame game." Our priority, as elegantly stated on your web site, is the "risk-free completion of a beautifully designed project that's professionally managed, completed on time and on budget."

Mayan, please confirm with Lior that MyHome's responsibilities, as outlined above, are accurate so he can proceed with developing a Work Proposal to implement our engineer's recommendations.

Thank you in advance for your assistance,

Michael Mackay

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Wednesday, February 04, 2009 5:59 AM
To: Mackay, Michael
Cc: Lior Noy; Mackay, Meggan
Subject: RE: 42 Maple - Feb. 2, 2009 telephone conversation with Lior Noy

Dear Mr. Mackay,

I left you a message yesterday, because I wanted to discuss this with you and Lior. Did you get it? Please call my cell 347 9920410 when you get a chance.

In any case I agree with what you're saying below 100%. We will fix the damage and how it is paid for should not affect the execution, but please do call me
I'd like to discuss this + another important matter

thanks,
Mayan

-----Original Message-----
From: Mackay, Michael
Sent: Tuesday, February 03, 2009 4:07 PM
To: 'mmetzler@myhomeus.com'
Cc: 'Lior Noy'; 'Mackay, Meggan'
Subject: 42 Maple - Feb. 2, 2009 telephone conversation with Lior Noy

Good afternoon, Mayan,

Mayan, please confirm with Lior that MyHome's responsibilities, as outlined above, are accurate so he can proceed with developing a Work Proposal to implement our engineer's recommendations.

Thank you in advance for your assistance,

Michael Mackay

From: Mackay, Michael
Sent: Thursday, February 05, 2009 3:45 PM
To: 'Mayan Metzler'
Subject: RE: 42 Maple - Feb. 2, 2009 telephone conversation with Lior Noy

Hi, Mayan,

I'm sorry we keep playing telephone tag. Please let me know when it would be convenient for me to call you.

Michael

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Friday, February 06, 2009 2:29 AM
To: Mackay, Michael
Subject: RE: 42 Maple - Feb. 2, 2009 telephone conversation with Lior Noy

Mr. Mackay,

I’m currently in Vegas for a meeting returning Saturday morning so Friday is not good, but please call me over the weekend if it’s ok with you.

I’m working over the weekend and will be in some meetings so if I don’t pick up please leave a message with your phone number and I’ll call back

Thanks,
Mayan

From: Mackay, Michael
Sent: Monday, February 09, 2009 1:04 PM
To: 'lior@myhomeus.com'
Cc: 'Mackay, Meggan'
Subject: Structural work, 42 Maple, Feb. 09

Good morning Lior,

Frank introduced me to his second framer his morning and they are planning to start jacking up the first and second floors tomorrow morning. A couple of issues:

(1) Frank estimates the work will take three to four days, so Meggan, Hannah and I will need hotel accommodations for this Tue., Wed. and Thur. nights. Frank said the openings in the down-stairs walls will be rough patched with sheetrock by the end of Friday so we can move back in for the weekend. Can you drop off a payment from MyHome to pay for those three nights? I have a reservation at the Residence Inn at Marriott in New Rochelle for $666.50 total.

(2) Frank needs MyHome's approval to perform any electrical upgrades to the wiring on the basement beam that his crew will be reinforcing with LVLs per Trevor's original plans. I.e., if there are existing hazardous or non-code-compliant boxes or wiring on that beam, he needs to be able to fix them. Please confirm.

(3) When will the chimney work resume? Between the chimney scaffolding and the piles of supplies strewn across our front yard, 42 Maple continues to be the eye sore of Chester Park.

(4) Please update me on when the exposed exterior walls will be covered. I believe you and Frank predicted large amounts of rain this week.

As ever,

Michael

From: Mackay, Michael
Sent: Tuesday, February 10, 2009 4:00 PM
To: 'Spearman Architectural Design PC'; 'Lior Noy'
Cc: 'Mackay, Meggan'
Subject: Structural work in basement

Lior/Trevor,

Hector and Frank evaluated the cement block column in the basement and thought the top area, used to support the two main beams, consisted of weak wooden wedges and crumbling cement that should be replaced after the house is jacked up. Judging by the attached photographs, I think you will agree. Their plan is to remove most of the block column (retaining the bottom block as a base) and install a metal post supporting a metal plate to bridge the two beams.

While I do not expect this approach to add significantly to the cost, I did want to receive your approval before they proceed.

I also wanted to confirm that Frank or someone with MyHome will be scheduling an inspection of the new framing work with the Pelham Building Inspector before the walls are closed up on Thursday afternoon. The inspector's name is Lenny Russo, (914) 424-2811 (primary) and (914) 231-3320 (secondary). The inspection should be set up soon so we do not have to extend our stay at the hotel in New Rochelle.

Trevor, when do you plan to visit the site?

Please email or call to confirm.

Michael

From: Mackay, Michael
Sent: Monday, February 16, 2009 4:18 PM
To: 'Lior Noy'
Cc: 'Mackay, Meggan'
Subject: Hotel Expenses - Feb. 10-14, 2009

Good afternoon, Lior,

Attached is the receipt for our four-night stay at the Marriott Residence while framing and structural work were being done to our home.

Could you please have MyHome cut a check in the amount of $886.60 payable to "Meggan Mackay"?

Thank you in advance for your assistance.

Michael

<FebHotelBill.pdf>

From: Mackay, Michael
Sent: Thursday, February 19, 2009 10:27 AM
To: 'Lior Noy'; 'Spearman Architectural Design PC'
Cc: 'Meggan Mackay'
Subject: Final inspection of structural reinforcement at 42 Maple

Good morning, Lior and Trevor,

Please advise if the work in the basement has been completed and Lenny Russo may come by to complete his inspection. I gather Lenny had initial concerns about the posts in the basement, specifically, that if the LVL posts were to be permanent, they rest on new cement footings set 6 inches below grade. If the LVL posts were temporary, Lenny wanted the two top cement blocks, which are apparently cracked and crumbling, replaced.

As of today one LVL post has been removed and the other remains resting on a pressure-treated 2x4. The top two cinder blocks appear to have been superficially repaired (cement applied to the outside) but there is no way of seeing what structural weakness may remain underneath.

On a minor note, one of the jacks left a shallow 5 inch diameter crater in our basement floor which we would like patched. We were also wondering when the hazardous electrical box on the newly-sistered beam was going to be replaced.

Thank you in advance for your follow-through,

Michael

From: Mackay, Michael
Sent: Thursday, February 19, 2009 11:11 AM
To: 'Mayan Metzler'
Cc: 'Mackay, Meggan'
Subject: 42 Maple - Status as of February 19, 2009

Dear Mr. Metzler,

Meggan and I are deeply disappointed by the lack of progress since our meeting with you on January 15, more than a month ago, where you agreed to move forward to correct violations cited in our December 22, 2008 engineers report and complete our renovation.

The painfully slow pace of work, follow-through, and communication coming from MyHome Westchester indicates a lack of interest or commitment on the part of Lior Noy. For instance, the results of a mold analysis were due more than two weeks ago, yet no one has bothered to obtain those results and develop a plan for bringing our house to a weather-tight condition. As another example, the sub-contractor hired last week to correct the collapsing first and second floors initially used LVL beams that had been exposed to weather damage for seven months.

It is time to explore other options. For instance, is there another Project Manager who could replace Lior and devote more time and expertise as construction enters its eighth month? Would MyHome prefer to make a cash settlement and be absolved of all liabilities?

I don't believe either MyHome or the Mackay family is benefiting from this client/customer relationship, despite many opportunities for correcting past mistakes. Please let me hear your ideas for reaching some kind of effective solution.

Sincerely,

Michael Mackay

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Thursday, February 19, 2009 11:18 AM
To: Mackay, Michael
Subject: RE: 42 Maple - Status as of February 19, 2009

That's why I was trying to reach you to discuss, where and when can I call you?

thx

sent from my mobile phone

From: Mackay, Michael
Sent: Thursday, February 19, 2009 11:41 AM
To: 'Mayan Metzler'
Subject: RE: 42 Maple - Status as of February 19, 2009

I am leaving for Parents' Weekend at my daughter's school. Instead of playing telephone tag, I would prefer to meet at MyHome's Manhattan office Monday afternoon, any time that is convenient for you.

Michael

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Wednesday, February 25, 2009 10:49 PM
To: Mackay, Michael; Lior Noy
Cc: JS
Subject: FW: mackay

Mr. Mackay,

Please see scope of work we prepared. As I told you, we will get it to you be the end of the day today. Lior prepared it today J, but I couldn't take a look at it until now.

Lior, what about addressing the mold in the plan?

Thanks

From: Mackay, Michael
Sent: Thursday, February 26, 2009 3:59 PM
To: 'Mayan Metzler'
Cc: 'Lior Noy'; 'Mackay, Meggan'
Subject: Expense Reimbursement

Mayan, per our agreement Tuesday morning at your office, enclosed please find a detailed expense report for costs associated with our renovation of 42 Maple Ave. Column (a) shows the amount we have paid out of pocket and column (c) represents the portion we believe should be reimbursed by MyHome. These out of pocket payments go back as far as August, 2007 (24 months ago) for $2,500 in architectural fees but also include our recent hotel expense of $887. The total due on page 3 is $11,108. Lior has copies of receipts or cancelled checks for all items.

Considering the cash crunch we are experiencing as this project drags on into its ninth month, we would appreciate receiving payment from MyHome at your earliest convenience.

Michael

<Budget2.pdf>

From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Friday, February 27, 2009 3:17 PM
To: Mayan Metzler; Mackay, Michael
Cc: JS
Subject: RE: mackay

Hi all,

All the conversations held have indicated that any issues with mold will resolve themselves as soon as the envelope is closed / the building sealed. It’s an industry fact that mold exists in materials even as they are shipped from the yard. The remediation is necessary to the first floor as there is a visible and obvious condition there, and it was much more exposed. The second floor had limited exposure, and shows no signs of an existing mold condition.

Michael, we finally managed to secure an inspection date from the insurance agent – it’s scheduled for this coming Monday at noon – I’m not sure if you need to be there, but if we can have access to the site it will be great – this was a difficult appointment to schedule and it’s great that they’re coming so quickly. Let us know how we’ll get in, or if you’ll be there.

Thanks.
Lior Noy
Branch Manager

From: Mackay, Michael
Sent: Friday, February 27, 2009 4:52 PM
To: 'Lior Noy'; 'Mayan Metzler'
Cc: 'JS'; 'Mackay, Meggan'
Subject: Mold remediation and insurance agent inspection - 42 Maple

Lior/Mayan,

Someone will be available at the house noon this Monday to give the insurance agent access..

Regarding your assertion that the second floor does not require mold remediation, would you please provide a written report from a qualified physical engineer or environmental specialist verifying that the levels of mold on the second floor do not pose potential health or structural risks. I will then forward same to our PE for his comments. Although we agree the first floor received far more exposure than the second floor, our PE's report states clearly that the exposure to the second floor was far from "limited" by any industry standards. It would also be helpful if you could forward the written report of Robert Violante, RPIH (dba Geo-Environmental Co., Inc.) based on his inspection of January 20, 2009.

I am in the process of reviewing your Scope of Work Proposal received February 25, and will have comments ready by Monday.

Thank you for your assistance in moving this project forward.

Michael

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Friday, February 27, 2009 4:59 PM
To: Mackay, Michael
Subject: RE: Mold remediation and insurance agent inspection - 42 Maple

Hi Michael,

Any chance you can be at the meeting with the insurance company?

thanks

From: Mackay, Michael
Sent: Friday, February 27, 2009 5:11 PM
To: 'Mayan Metzler'
Subject: RE: Mold remediation and insurance agent inspection - 42 Maple

Hi, Mayan,

I'd like to attend the meeting, but have to be in NYC for a 11:00 - 12:00 meeting at work.

Michael

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Friday, February 27, 2009 6:04 PM
To: Mackay, Michael
Subject: RE: Mold remediation and insurance agent inspection - 42 Maple

Do you think you can come if the meeting is later in the day?

sent from my mobile phone

From: Mackay, Michael
Sent: Friday, February 27, 2009 7:33 PM
To: 'Mayan Metzler'
Subject: RE: Mold remediation and insurance agent inspection - 42 Maple

Yes, I could probably attend any meeting after 2:00 pm.

Michael