Return to main page

ARB architect's sketch of renovation A Homeowner's Journal Gallery of construction photos Code violations cited by Professional Engineers Disclaimer Recent developments

 

Previous month's correspondence

January 2009 Correspondence

Next month's correspondence

Correspondence documenting the work of MyHome LLC (Lior Noy, Mayan Metzler), Touch of Class Home Improvements Inc.(Michael Palmentiero), Framing 2 Finish (Angelo DeRaffele) and Spearman Architectural Design (Trevor Spearman)

    


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

CONFIDENTIALITY NOTICE: This e-mail contains information that is
privileged and confidential. If you received this message in error and/
or are not the addressee you may not use, copy, forward, or disclose
any part of this email text or any attachments, and should delete it
and all copies from your system and notify the sender immediately by
return e-mail. Internet communications cannot be guaranteed to be
timely, secure, error or virus free. The sender does not accept
liability for any errors or omissions. Any drawings, sketches, images,
or data and other attachments may be copyright protected. Thank you.


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