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From: Mackay, Michael
Sent: Monday, January 05,
2009 4:58 PM
To: 'Meggan Mackay'
Subject: Len Russo and 42 Maple
Meggan,
Just to bring you up to date on the Village Building
Inspector.
I called Lenny today and left a message asking him to set up
an appointment to meet me at the house and go over some of my
"concerns" about the way it was being built,
specifically possible code violations. He called back about an
hour later FROM the house (without me) and was very defensive,
bordering on hostility. He started ranting that in his 25 years
of building experience he'd never heard of a homeowner asking
the building inspector to inspect a job, other than the formal
inspections required. He said if we had any problems with the
workmanship we should have taken it up with the architect, and
that we needed to get a lawyer and/or pursue a complaint with
the Dept. of Consumer Affairs, which licenses MyHome and Touch
Of Class.
He then claimed last January he came to the site to do an
insulation inspection (I have no receipt or record of this) and
that besides, the insulation inspection is only to insure that
the correct insulation is used, not that the insulation is
applied AFTER the house is weather tight. He said he would not
issue any violations unless he saw them on his "final"
inspection, which is just a walk through anyway. He said he
wouldn't come for a final inspection until we indicated we were
satisfied the contractor had finished everything on our punch
list.
I have no idea if his claims are correct, but based on the
defensiveness of his reaction, I would not be surprised if the
Village had some liability.
I'll research further.
M.
From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Wednesday, January 07, 2009 3:07 PM
To: Mackay, Michael; Lior Noy; debbie
Cc: Mackay, Meggan
Subject: RE: 42 Maple - Request for meeting with Mayan Metzler
Debbie,
Please schedule this meeting with Mr. and Mrs. Mackay, Lior
and the sub
contractor Michael asap
thank you
From: Mackay, Michael
Sent: Wednesday, January 07,
2009 3:09 PM
To: 'Lior Noy'; 'mmetzler@myhomeus.com'
Cc: 'Mackay, Meggan'
Subject: 42 Maple - Request for meeting with Mayan Metzler
Hello Lior,
Did you have a chance to review the "Guidelines on
Assessment and Remediation of Fungi in Indoor Environments"
that I forwarded last Wednesday?
As per our recent telephone conversation, I am enclosing the
engineer's final report, which I received Monday. As you know,
we requested the report after the stucco subcontractor voiced
his concern about the integrity of water-damaged stucco on the
first floor.
The report sites numerous violations of the NY State Building
Code, Residential Code of NY State, and Property Maintenance
Code of NY State. Resulting damages stem mainly from (1) failure
to enclose the building envelope leaving both new and existing
structures exposed to water and mildew damage for more than 138
days and (2) failure to provide any support for the dead load of
the 2nd floor addition, contrary to the architect's plans.
Meggan and I are deeply disturbed by these findings. They not
only suggest a disregard for professional building practices but
also imply our family has been exposed to physical danger while
living in a compromised structure. The engineer's
recommendations for remediating the problems involve enormous
expense and inconvenience.
Would you please schedule a conference with Mayan Metzler as
soon as possible to discuss these issues? We would prefer to
meet at the Manhattan office but could also come to Mt. Kisco.
Sincerely,
Michael Mackay
From: Mackay, Michael
Sent: Friday, January 09,
2009 6:46 PM
To: 'Lior Noy'; 'mmetzler@myhomeus.com'
Cc: 'Mackay, Meggan'
Subject: RE: 42 Maple - Chimney Extension Code Violations
Lior and Mayan,
Please see the attached document. It compares the architect's
specifications for securely fastening the new chimney extension
to what was actually build. These findings are based on a casual
inspection I happened to make yesterday as Michael's masons were
preparing to apply the stone veneer.
As you can see, contrary to the architect's instructions,
there were no steel receiver plates installed, no eight inch
anchor bolts mounted (to be set in epoxy), no 2 x 8 or 2 x 6
lumber used (all studs were 2 x 4). The entire extension, which
is considerably higher than the six-foot extension designed by
the architect, is fastened to the chimney cap with only seven
standard framing nails.
Meggan and I are appalled by such violations of the NY State
Building and Residential codes (not to mention the complete
disregard of the architect's plans) and the danger it placed our
family in over the past 150 days. The extension could easily
have blown off and caused severe bodily harm. What is worse, if
I hadn't ventured up to the roof myself, the frame would have
been sealed as-is with several hundred pounds of stone added to
it's weight, creating an even greater liability.
Mayan, this is only the latest example of the inferior
workmanship, inadequate materials and supervision, and
non-existent inspection/quality control that has plagued the
renovation since it started last July, 2008. I truly hope our
meeting at your office this Wednesday afternoon will yield some
positive corrective action.
Sincerely,
Michael
<ChimneyExtensionFraming.pdf>
From: Mackay, Michael
Sent: Friday, January 09,
2009 6:53 PM
To: 'Lior Noy'
Cc: 'Mackay, Meggan'
Subject: 42 Maple - Masonry work during sub-freeziing
temperatures.
Lior,
Mike's masons resumed work at 8:00 am this morning on
covering the middle section of the chimney with new stone and
veneer. The lead mason reported it was 35 degrees, and that
there was "No problem" with the mortar freezing.
However, internet news sources reported the temperature as of
8:50 am was 17 degrees, factoring in the wind chill.
I am concerned that even cement mixed with anti-freeze will
not set properly under such conditions. Could you please verify
that using cement for exterior stone work in these conditions is
compliant with the NY State Building Code?
From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Saturday, January 10,
2009 9:28 AM
To: Mackay, Michael
Cc: Mayan Metzler
Subject: RE: 42 Maple - Masonry work during sub-freeziing
temperatures.
Michael,
If I'm not mistaking you can not apply any mason work below
freezing
point temperature by code (obviously codes will exacerbate).
What will
be a little harder for me to check is your area is being
affected by the
wind chill factor or not. I will have to trust the mason on
that.
I'm almost sure that by code we should stop any mason work,
fix framing
valuation if any, cover all sides of the house to protect from
rain and
resume the exterior work on April or maybe March. I will back
myself up
with this and let you decide.
I did go over the reports and I'm using Trevor to clarify
them.
I wasn't sure if you have any findings of fresh growing mildew
or you
are because all the "guideline" shows that it is
always good to take
action as prevention.
About the engineering report, I will have to wait to hear from
Trevor in
order to respond. I just want you to know that we will be
responsible to
correct anything concern the new construction.
Thanks.
Lior Noy
Branch Manager
From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Saturday, January 10,
2009 9:31 AM
To: Mackay, Michael
Subject:
Michael,
One more thing. Is it possible for us to meet sometime on
Monday I just want to go over the punch list and see what left
to do.
Thanks.
Lior Noy
Branch Manager
From: "Mackay, Michael"
Date: Sat, 10 Jan 2009 18:25:29
-0500
To: Lior Noy<lnoy@myhomeus.com>
Subject: RE: Mon. 12 meeting at 42 Maple
Lior,
Yes, if you could come by the house between 8:30 and 9:30
Monday morning that would be great (I have to leave for the city
at 9:30). I'd like to have a walk-through of the upstairs, now
that the painters are practically finished, so any subsequent
damage/flaws due to exterior construction or water problems can
be easily identified.
Regarding the chimney extension SNAFU, I am concerned that
Michael thinks he can simply apply some ad hoc fix. Either the
existing extension needs to be removed (including the copper
sheathing) and a new extension be constructed per Trevor's
original plan, or Trevor needs to visit the site and design
modifications to the existing structure that will pass code. If
a modified plan is drawn, I'd like to have it reviewed by an
independent engineer. Whichever plan eventually gets built,
Meggan and I will want the engineer to inspect the extension to
confirm code compliance. I assure you he will be very strict.
See you Monday.
Michael
From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Sunday, January 11,
2009 1:07 AM
To: Mackay, Michael; Lior Noy
Cc: Mackay, Meggan
Subject: RE: 42 Maple - Chimney Extension Code Violations
Dear Mr. Mackay,
We will discuss all of this during our meeting on Wednesday
and I'm sure we'll reach postive correction action
thanks,
Mayan
From: lnoy@myhomeus.com [mailto:lnoy@myhomeus.com]
Sent: Sunday, January 11,
2009 6:45 PM
To: Mackay, Michael
Subject: Re: Mon. 12 meeting at 42 Maple
Is there anyway we can do 8am?
Sent from my Verizon Wireless BlackBerry
From: Mackay, Michael
Sent: Monday, January 12, 2009 1:31 PM
To: 'lnoy@myhomeus.com'
Subject: RE: Mon. 12 meeting at 42 Maple
Lior, sorry I missed you this morning. I was out from 8:15 to
8:30 am taking my daughter to school. Attached for your review
is an updated punch list. Michael
<PunchList7.xls>
From: Mackay, Michael
Sent: Monday, January 12,
2009 2:00 PM
To: 'AScinta@houlihanlawrence.com'
Cc: 'Mackay, Meggan'
Subject: Homeowner/Contractor dispute attorney
Good afternoon, Art, and thank you in advance for your
assistance. Meggan and I would like to consult an attorney with
local (Westchester) experience in homeowner actions brought
against a contractor for damages (contract violations, NYS code
violations, fraud, etc.). We have had numerous problems with our
second floor renovation at 42 Maple Ave. and are seeking some
counsel as to our options. I have a 10-page engineer's report
dated Dec. 20, 2008 that describes the violations in glorious
detail. Meggan and I are scheduled to meet with the contractor
(a design/build firm called "MyHome" with offices in
Manhattan, Mt. Kisco and NJ) this Thursday afternoon to hear
their preliminary defense.
Any leads would be greatly appreciated.
Michael
P.S. Do you handle house rentals in Pelham? We may be needing
one.
From: Mackay, Michael
Sent: Monday, January 12,
2009 2:33 PM
To: 'Mackay, Meggan'
Subject: Renee's offer to visit
Good afternoon. How are you holding up?
Renee Bradley called this morning and tentatively scheduled a
visit to the house tomorrow AM at 9:00. She is planning to bring
her business partner along (Emerson Mendez ?), but will call
this evening to confirm.
Renee and her company, Interior Restoration, have an impressive
web site at: www.InteriorRestorationInc.com
Renee gave me the name of an attorney she's worked with on
LI.: Donald Cavanaugh of 203 Glen Cove Ave., Sea Cliff, NY 11579
(516 484-0254) - email: CavanaughLaw@juno.com. I'll give him a
call this afternoon to discuss our dilemma.
Just to recap Renee's comments from yesterday:
The GC should have obtained a schedule of inspections from
the building inspector. And followed up with each one on a
timely basis before proceeding to the next phase of construction
(e.g., make sure rough framing passes before going on to
insulation.) She also recommended we consult an environmental
specialist in assessing the presence of possibility of mold
contamination. Apparently there are companies that do just this.
Finally, she thought we might let MyHome know our willingness to
call Channel 7 News to report our plight. A little bit dramatic
but perhaps effective.
Renee's phone number is (516) 768-9966, if you'd like to give
her a call.
Onward.
M
From: Ian W. MacLean [mailto:ianwmaclean@maclean-law.com]
Sent: Monday, January 12,
2009 4:00 PM
To: Mackay, Michael
Cc: Mackay, Meggan
Subject: RE: Life in suburbia
Dear Michael,
Thanks for the email and photos and a very HNY 2009 to the
Mackay clan. We are working hard and doing fine. Having plugged
up, caulked or insulated more holes and cracks in walls and
floors that I can count, I am glad we are renting for now.
Lachlan is a growing like a weed and we are all well. It
certainly appears that you and Hanna are showing better form
that your contractor. And where IS your Tyvek? I am so sorry to
hear that you have unexpected challenges at 42 Maple. Nina Simon
has 25+ years, general contractor commercial/residential
experience and a specialty in contractor rescue (which is a
misnomer to me - homeowner rescue is more like it). While I have
not worked with her (I haven't owned a home since knowing her
two years), and she admits to not being the cheapest or the most
expensive, she has excellent client referrals and the quality of
her work is by word of mouth excellent. I hope she can help you.
Let me know how it goes, please. Best to all, Ian
Nina Simon, President
Renaissance Renovations LLC
(718) 581-2537 - o
(917) 647-9842 - m
nina@renaissance-renovations.com
http://renaissance-renovations.com
5900 Arlington Avenue #22J
Riverdale, NY 10471
Ian W. MacLean
From: Scinta, Arthur L. [mailto:AScinta@HoulihanLawrence.com]
Sent: Monday, January 12,
2009 4:32 PM
To: Mackay, Michael
Cc: Mackay, Meggan
Subject: RE: Homeowner/Contractor dispute attorney
Hi Michael & Meggan:
I am sorry you are having such a bad time with the
contractor. It must be so hard when a dispute like this affects
your home. I have two suggestions for attorneys who may be able
to help:
One is Bill Barbera, who has his office at 111 Wolfs Lane in
Pelham. He can be a good pit bull in finding the leverage to
help his clients get to a resolution.
Another is Michael Carmody, who lives in Pelham, but has his
office in Manhattan at 1350 Broadway. He has been an excellent
attorney at handling thorney issues, tough when he needs to be,
but looking for a creative solution.
Both have represented buyers and sellers in real estate
closings for me and everyone who has used them has been happy
with the representation. You might talk to both. Feel free to
mention my name.
(FYI, Michael's wife, Jane, is a broker in my office, but I
have recommended and used Michael even when Jane was a broker at
McClellan.)
If money were no object, I would recommend my wife's firm in
White Plains, but I think you would choke on their hourly rates.
They tend more to represent businesses than individuals.
Good luck and let me know if I can be of any further
assistance.
P.S. -- yes, if you need to rent a place, we have a number of
options available (Joe Vorel's house is for rent and 10 Maple,
Bill Scott, would consider renting as well). Let me know and I
can send you other options, or, in the meantime, feel free to
take a look on our website at
www.arthurscinta.houlihanlawrence.com.
Arthur L. Scinta, Esq.
Licensed Associate Real Estate Broker
HoulihanLawrence - Pelham Office
Direct Dial: (914) 738-2004
From: Mackay, Michael
Sent: Monday, January 12,
2009 3:57 PM
To: 'Mackay, Meggan'
Subject: RE: MyHome meeting
I'm wasted. you're right. Its Thursday, NOT (not 'now') at
3:00.
He won't plead ignorance. He was just replying to my email
which mentioned Wednesday.
I need a vacation.
-----Original Message-----
From: Mackay, Meggan
Sent: Monday, January 12,
2009 3:31 PM
To: Mackay, Michael
Subject: RE: MyHome meeting
You mean Thursday at 3?
I think one of us should email Mayan directly so that he
cannot plead ignorance
From: Mackay, Michael
Sent: Monday, January 12,
2009 5:00 PM
To: Mackay, Michael
Subject: RE: Homeowner/Contractor dispute attorney
William T Barbera Attorney
111 Wolfs Lane
Pelham, NY 10803
Phone: (914) 738-2266
Carmody, Michael Attorney | 1350 Broadway Suite 1400, | 212
239-9777 (36th St.)
From: Mackay, Michael
Sent: Tuesday, January 13,
2009 10:44 AM
To: 'Meggan Mackay'
Subject: Tel. conv. With Michael Carmody re: 42 Maple
Well, I just had a long conversation with Michael Carmody,
Esq. (212 239-9777) who was very helpful. He couldn't believe
the gross negligence of the contractor, but did have some
practical suggestions.
He said that with monetary damages under $1 million, it is
not cost-effective to sue. He suggested going to this meeting
and asking MyHome for a list of their contractors that we can
then select to fix the problem. This is assuming we can agree on
the fixes that have to be done. It also assumes we can find one
of their contractors that we can trust. If not, we need to
negotiate that they pay for one of our contractors.
He then recommended MyHome prepare a proposal of the work to
be done, including a time table, and verifying they will pay all
costs. The written proposal should reference the original
contract, and we should have it reviewed by an attorney (he
volunteered). We are also in a position to ask for a discount
(he mentioned 10%) off the original job to compensate us for our
aggravation. He suggested we NOT strike a deal at the meeting
but wait and see what they offer.
Other misc. notes:
We can report MyHome and Touch Of Class to the Better
business bureau, etc., but any fines they levy won't go to us.
We need to be careful that any mention of reporting their
violations (which could easily result in license suspension) can
not be used against us as a claim we're using extortion.
Consequential damages (my loss of work at Debevoise, your
aggravation, etc.) are seldom recoverable in contract
litigation.
We are entitled to report "criminal activity"
(fraud, extortion) to the police or county, but the District
Attorney makes the decision whether there are sufficient grounds
to prosecute on the County's behalf. (individuals may not press
criminal charges, only civil charges. But OJ Simpson finally did
jail time after the civil case
More research is needed).
Tada!
M
From: Mackay, Michael
Sent: Wednesday, January 21,
2009 9:47 AM
To: 'nina@renaissance-renovations.com'
Subject: 42 Maple Ave.
Good morning, Nina, and thank you for taking the time to talk
with me a few moments ago.
As discussed, I'm attaching the PE's report on code
violations and damages to our house. I'm also attaching a
two-page summary of the report which you may find helpful.
Looking forward to meeting you on Wednesday morning, the 28th
of January.
Michael
From: Mackay, Michael
Sent: Wednesday, January 21,
2009 11:30 AM
To: 'Lior Noy'; 'mmetzler@myhomeus.com'
Cc: 'Mackay, Meggan'
Subject: Followup to Jan. 15, 2009 meeting at MyHome
Dear Mayan and Lior,
Thank you for meeting with us last Thursday to review the
Engineer's report on 42 Maple Ave. Meggan and I appreciate that
you are in agreement with the Report's findings and that MyHome
is committed to implementing the Report's recommendations as
quickly as possible. For your convenience I am attaching the two
page summary of the Report that I prepared for the meeting.
Please correct me if I am wrong, but the major conclusions
reached by the end of the meeting were:
The costs associated with correcting violations cited in
the Engineer's Report will be paid by MyHome on a timely basis
to permit rapid completion of the project. MyHome will pursue
reimbursement from Michael Palmentiero (dba Touch-of-Class)
separately.
Michael Palmentiero will no longer work on this project.
He will promptly remove his equipment and materials. Any
exposure to weather caused by Touch-of-Class removing its
materials will be immediately remedied by MyHome.
Subcontractors who have worked on the project in the past
may be retained for future work if approved by the Owners.
MyHome will provide a list of general contractors for
Owners to choose from that it feels are competent and available
for performing the required work on an expedited basis.
If Owners are not satisfied with any of MyHome's proposed
contractors they will consult with MyHome to use a general
contractor of Owner's choice.
Owners may retain independent building professionals to
review plans and work performed by MyHome to confirm code
violations have been properly fixed. The costs of such services
(assuming they are reasonable and necessary) will be paid by
MyHome.
Pending the results of tests for mold and weather-related
damage, MyHome will prepare a Work Proposal describing all
aspects of the remediation project, including a timetable for
start and completion of each aspect. Owners will have the Work
Proposal reviewed independently and a final version will be
signed by both parties to verify our agreement of its terms.
Immediate tasks:
MyHome will retain a properly certified Environmental
specialist to test the 2nd floor walls for signs of mold growth.
The architect of record (Trevor Spearman) will provide
plans for correcting the structural and safety hazards cited in
the Engineer's Report. These plans will be independently
reviewed and, once approved by Owner, work will commence to
implement them.
Please provide feedback on these items at your earliest
convenience. We are anxious to solve the structural issues
promptly and get the house enclosed in a weather-tight
condition.
Michael
<< File: EngineeringRptSummary.pdf >>
From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Thursday, January 22,
2009 2:38 AM
To: Mackay, Michael; Lior Noy; JS
Cc: Mackay, Meggan
Subject: RE: Followup to Jan. 15, 2009 meeting at MyHome
Dear Mr. Mackay,
Pleasure you meet you last week. I agree with all your points
below. Lior told me that a mold specialist has already visited
the site and we're waiting to hear back from him in order to
plan our next steps promptly. Lior, do you know when we should
expect to hear back?
thanks
-----Original Message-----
From: Mackay, Michael
Sent: Wednesday, January 21, 2009 11:30 AM
To: Lior Noy; Mayan Metzler
Cc: Mackay, Meggan
Subject: Followup to Jan. 15, 2009 meeting at MyHome
<<EngineeringRptSummary.doc>>
Dear Mayan and Lior,
Thank you for meeting with us last Thursday to review the
Engineer's report on 42 Maple Ave. Meggan and I appreciate that
you are in agreement with the Report's findings and that MyHome
is committed to implementing the Report's recommendations as
quickly as possible. For your convenience I am attaching the two
page summary of the Report that I prepared for the meeting.
Please correct me if I am wrong, but the major conclusions
reached by the end of the meeting were:
The costs associated with correcting violations cited in
the Engineer's Report will be paid by MyHome on a timely basis
to permit rapid completion of the project. MyHome will pursue
reimbursement from Michael Palmentiero (dba Touch-of-Class)
separately.
Michael Palmentiero will no longer work on this project.
He will promptly remove his equipment and materials. Any
exposure to weather caused by Touch-of-Class removing its
materials will be immediately remedied by MyHome.
Subcontractors who have worked on the project in the past
may be retained for future work if approved by the Owners.
MyHome will provide a list of general contractors for
Owners to choose from that it feels are competent and available
for performing the required work on an expedited basis.
If Owners are not satisfied with any of MyHome's proposed
contractors they will consult with MyHome to use a general
contractor of Owner's choice.
Owners may retain independent building professionals to
review plans and work performed by MyHome to confirm code
violations have been properly fixed. The costs of such services
(assuming they are reasonable and necessary) will be paid by
MyHome.
Pending the results of tests for mold and weather-related
damage, MyHome will prepare a Work Proposal describing all
aspects of the remediation project, including a timetable for
start and completion of each aspect. Owners will have the Work
Proposal reviewed independently and a final version will be
signed by both parties to verify our agreement of its terms.
Immediate tasks:
MyHome will retain a properly certified Environmental
specialist to test the 2nd floor walls for signs of mold growth.
The architect of record (Trevor Spearman) will provide
plans for correcting the structural and safety hazards cited in
the Engineer's Report. These plans will be independently
reviewed and, once approved by Owner, work will commence to
implement them.
Please provide feedback on these items at your earliest
convenience. We are anxious to solve the structural issues
promptly and get the house enclosed in a weather-tight
condition.
Michael
From: Mackay, Michael
Sent: Thursday, January 22,
2009 9:05 AM
To: 'Brian Abate'
Cc: 'Mackay, Meggan'
Subject: 42 Maple - update
Good morning, Brian.
Meggan and I met with MyHome's CEO last week and he seemed
sufficiently humbled by your report. The CEO and project manager
have agreed in principal to remedy all the code violations cited
by the report, but many details have yet to be addressed. The
old GC is out and MyHome will supply a list of new GCs for us to
choose from. If we don't like any we can go out and find our
own, but then we have to negotiate fee and warranty terms. In
the mean time the architect of record is following your
recommendation and determining how to properly support the 2nd
floor dead load.
I would very much like to retain your services as this
project moves forward, provided you are available and
interested. Please let me know your fee structure.
As we seem to be avoiding a court case, my present concerns
involve:
(1) Finding an APA certified testing firm to evaluate the
integrity of the OSB siding and fasteners. I suspect they will
need to evaluate both the new second story OSB and the first
floor's plywood, which presumably has been rain-soaked.
(2) Determining if the first floor restoration work requires
a new work permit from the Village of Pelham. I suspect it does,
which means more money and more delays. Does bringing the first
floor up to current code includes replacing all windows and
doors? Again, if so, I am looking at a lot more money and
delays, which I'd like to avoid even if MyHome eventually ends
up paying the bill.
Your thoughts would be most appreciated.
Michael
From: Mackay, Michael
Sent: Thursday, January 22,
2009 9:34 AM
To: 'Lior Noy'
Cc: 'Mackay, Meggan'
Subject: 42 Maple - Updates as of Jan. 22, 2009
Good morning Lior,
Meggan and I eagerly await your list of contractors that we
can start interviewing for the remediation work on our house.
I've also identified two contractors who specialize in this type
of work that we may want to consider.
If Trevor needs more information on how the second floor
addition was framed, he should feel free to have the walls
opened to disclose the location of structural elements. I do
recall that a large beam (3 sistered 2 by 6's) was used to
support the ridge beam at the center of the addition, inside the
partition wall separating the master bedroom loft space from the
smaller bedroom loft spaces.
After reviewing Robert Violante's mold-sampling strategy, it
occurs to me that his tests will be inconclusive at best simply
because the samples were confined to four 1 square inch areas
throughout the addition. An absence of mold growth in these 4
square inches does little to prove there is no potential for
mold growth scattered throughout the remaining hundreds of
square feet of second floor walls.
Looking forward to contacting some general contractors.
Michael
From: Brian Abate [mailto:brian.abate@encofirst.com]
Sent: Thursday, January 22,
2009 10:12 AM
To: Mackay, Michael
Subject: Re: 42 Maple - update
Morning Michael & Meggan,
It appears that you are on the right track. I'm glad to see
that
action is being considered.
Regarding additional permitting, the current open Permit is
sufficient. If change orders are proposed, the Building
Department
must be notified, and the items must meet current Code. Existing
windows and doors are not subject to Code review.
I do not know of any APA certification for testing structural
panels.
I assume that any determinations would be made by a PE or RA. I
will
question Larry regarding that.
As far as construction Phase Inspections are concerned, the
rate is
billed at $350 per hour, which functionally means $350 per
visit/report.
I hope everything continues in the proper fashion for you.
Brian Abate
HouseMaster Home Inspections
800-603-8134
brian.abate@encofirst.com
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From: Heide Daftari [mailto:Heide@myhomeus.com]
Sent: Thursday, January 22,
2009 10:23 AM
To: Mackay, Michael
Subject:
Morning Michael:
Trevor and Lior can meet you at 1:00 PM on Wed. the 28th.
Please let me know if it is a good time for you. And have a
great time in NH.
Regards
Heidι Daftari
Customer Relations
From: Mackay, Michael
Sent: Friday, January 30,
2009 11:31 AM
To: 'Lior Noy'; 'Spearman Architectural Design PC'
Cc: 'Meggan Mackay'
Subject: Followup to Jan. 28, 2009 meeting
Good morning, Lior and Trevor,
Thank you for visiting the house on Wednesday. This morning I
inspected the chimney extension and found that bolts have
already been added to the 2 x 4 wood plate. I also found that
there is NOT a seam in the copper sheathing between the top lip
and the face of the chimney. Therefore, if you are able to
warranty the existing framing and OSB are sound, I'm willing to
forgo re-building the entire chimney extension. I'll need a
written change-order showing regular 2 by 4's were used for the
wood footing (instead of pressure-treated 2 x 8) and that steel
receiver plates with boot coupling were not necessary. Can you
also warranty that the structure will support the additional
weight of natural stone facing instead of stone veneer? To
safe-guard against possible future water-damage and wood rot,
wouldn't it be prudent to seal the seam between the wood footing
and the chimney cap with some non-flammable caulk and paint the
wood footing with a water-resistant paint sealant? If this would
only seal in existing mold then perhaps it is counter-indicated.
Please advise.
Lior, it would be great to get the chimney siding finished
and the scaffolding removed during the next thaw. I am reluctant
to have Michael Palmentiero's crew do the work. Can you retain
other masons?
Regarding installation of structural supports for the first
floor and basement, I just want to recap what we discussed:
The first and second floors will be jacked up from the
basement a total of 1/4 to 1/2 inch. Posts and a header beam
will be installed per original drawings. The basement beam will
be reinforced by sistering LVLs as per drawings. Additional
supports (e.g., below the opening between living and dining
rooms) to be installed as needed. Architect to supervise and
approve all work. Holes in walls and ceiling will be rough
patched once work is completed. My family and I will stay at a
local hotel until the work is finished. Hotel expenses to be
paid in advance by MyHome.
This structural work will be performed by a qualified
licensed contractor experienced in jacking up old houses. The
contractor will NOT be affiliated directly or indirectly with
Touch of Class, Inc.
Please advise if I have overlooked anything, or any items do
not meet with your approval. January was a painfully slow month.
We would like to get work resumed quickly.
Michael |