My Home's Nightmare Renovation

Code violations cited by Professional Engineers

March 2009 Correspondence

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Sunday, March 01, 2009 1:51 AM
To: Mackay, Michael
Subject: RE: Mold remediation and insurance agent inspection - 42 Maple

We were able to move the meeting to 1 PM, but not 2 PM, please let me know if you think this might work
thanks

From: Mackay, Michael
Sent: Sunday, March 01, 2009 2:28 PM
To: 'Mayan Metzler'
Subject: RE: Mold remediation and insurance agent inspection - 42 Maple

I will make every effort to attend, but please move forward with the inspection regardless.

Michael

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Monday, March 02, 2009 9:22 AM
To: Mackay, Michael
Cc: Lior Noy; Mackay, Meggan
Subject: RE: Expense Reimbursement

Dear Mr. Mackay,

I discussed this with Lior over the weekend. If you meet him today at your house can you please have a conversation with him about it.

I can reimburse you for the hotel expense immediately, but the rest of the expenses were part of payments for the project?

thanks,
Mayan

-----Original Message-----
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

From: Mackay, Michael
Sent: Monday, March 02, 2009 2:06 PM
To: 'Mayan Metzler'; 'Lior Noy'
Cc: 'Mackay, Meggan'
Subject: RE: Expense Reimbursement

Dear Mayan and Lior,

Meggan and I believe reimbursement of our expenses is appropriate now rather than later because:

(1) As of five months ago we had paid MyHome 85% of the project costs for major work that simply has yet to be done, e.g., "House is weather tight" (See schedule of payments, MyHome Contract pg. 4).

(2) While we are not at this time requesting a reimbursement of payments for work not done, we are requesting reimbursement for those materials and services that we purchased for MyHome as a favor to its sub-contractors and in an effort to expedite work ($7,721 total). Such advances were made in good faith and with the understanding that the project would be finished on a timely basis (Nov. or Dec. of 2008).

(3) An additional $2,500 was paid Aug 15, 2007 for preliminary architectural services. We were assured this amount would be credited back to us if and when a contract was signed with MyHome. The signing took place April 8, 2008, nearly one year ago.

(4) Since it is now many months later and there are no projections for a completion date, we believe we are entitled to reimbursement now.

Thank you for your re-review of this matter.

Michael

From: Mackay, Michael
Sent: Tuesday, March 03, 2009 10:14 AM
To: 'Mayan Metzler'; 'Lior Noy'
Cc: 'JS'; 'Mackay, Meggan'
Subject: Revisions to Scope of Work Proposal

Mayan/Lior,

Your proposed scope of work plan does not address many of the issues raised by our Professional Engineer's report, particularly steps for fixing the weather resistance of the building envelope. Meggan and I also take exception to the proposal that our family occupy the second floor while demolition work is performed on the first floor. We believe this could be toxic to our children.

I am attaching a more detailed Scope of Work for your review and approval. I understand Lior still believes mold remediation on the second floor interior may not be needed, but regardless of future test results, substantial replacement of sheet rock will be required for wrapping water resistant sheathing (Tyvek) inside the window and door cavities.

Please let me have your comments on the proposal at your earliest convenience.

Michael

[Attached: ProposedScopeofWork.doc]

From: Mackay, Michael
Sent: Wednesday, March 04, 2009 4:55 PM
To: 'Mayan Metzler'; 'Lior Noy'
Cc: 'JS'; 'Mackay, Meggan'
Subject: Follow-up to Insurance Inspection

Dear Mayan and Lior,

I am sorry I could not attend Monday's inspection at 42 Maple by Touch-of-Class's underwriters. I gather Meggan was able to supply them with a copy of the Engineer's Report and some other information. Is there anything else they would like at this time? Photographs? A chronology? Copies of correspondence? Just let me know. Apparently we will receive the results of their second floor mold tests in two weeks.

On an unrelated note, I came home one day last week and was surprised to find Angelo, the original framer, on my roof inspecting the chimney extension. He said you had sent him, Lior. While I understand it makes economic sense to have the sub-contractor who "messed up" on a job fix his own mistakes (for free), I'd appreciate your discussing with me in advance who you are sending to the house to do what. Not to be difficult, but there are simply some subcontractors who performed so badly we do not want them back on the site, even to "correct" their mistakes. I am of course open to discussing this on a case-by-case basis. In the case of Angelo, I am wary to use his services because he was unable or unwilling to give me his business card with his license number. A bad sign.

Incidentally, Dominic Fanelli (the stucco sub contractor) called this morning to find out the status of our project and report he hadn't been paid. He was cordial enough but I told him he needed to take the matter up with Michael.

Looking forward to a finalized Work Plan in the next few days.

Michael

From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Thursday, March 05, 2009 10:22 AM
To: Mackay, Michael; Mayan Metzler
Cc: JS; Mackay, Meggan; Yoel Piotraut
Subject: RE: Follow-up to Insurance Inspection

Michael,

I agree with the insurance adjustors that if they need any materials they should contact me. So far they didn’t. I will let you know if they will.

About who will perform what correction, you are absolutely right and we should have a site meeting to discuss that. Please let me know when will be a good time for you to take this meeting. The attendees for this meeting will be Mayan, Yoel (Mayan’s partner who will join aboard to help us on this project), Mike Palmentiero and myself.

I Spoke with Mike about Dominique’s payment and he told me that Dominique suppose to get his payment upon completion but he just didn’t expect the work to be stopped. I will look into it more carefully.

Thanks.

Lior Noy
Branch Manager

From: Mackay, Michael
Sent: Thursday, March 05, 2009 4:22 PM
To: 'Lior Noy'; 'Mayan Metzler'
Cc: 'JS'; 'Mackay, Meggan'; 'Yoel Piotraut'
Subject: RE: Follow-up to Insurance Inspection

Thank you, Lior, for your email.

I think it is premature to schedule a meeting about who will perform the work until we have formal agreement and sign-off on WHAT work will be performed. Towards that end, could you please provide comments on the revised Scope of Work I forwarded Tuesday.

When the time does come to have a site meeting, please understand that for our intents and purposes, Touch Of Class is not competent to do general contracting in Westchester County. It may take some months before Westchester County is officially apprised of that fact, but in the mean time I would not rely on Mike Palmentiero's further participation in our renovation.

Thank you for your understanding.

Michael

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Friday, March 06, 2009 9:36 AM
To: Mackay, Michael; Lior Noy
Cc: JS; Mackay, Meggan; Yoel Piotraut
Subject: RE: Follow-up to Insurance Inspection

Lior and J,

Can we please reply to Michael's email about the scope of work from Tuesday so that we can confirm we're in agreement in regards to the scope of work
and move forward to complete the project asap.
Please let me know when we can reply to that email

thanks,
Mayan

From: JS
Sent: Friday, March 06, 2009 1:05 PM
To: mmackay
Cc: Lior Noy; Mayan Metzler
Subject: FW: Follow-up to Insurance Inspection

Mr Mackay - please see thread of emails below - will get back to you ASAP - Thanks, J

-----Original Message----
From: Mayan Metzler
Sent: Friday, March 06, 2009 1:02 PM
To: JS
Subject: RE: Follow-up to Insurance Inspection

Can you please email this to mackay
thx

sent from my mobile phone

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Saturday, March 07, 2009 4:43 AM
To: JS; Mackay, Michael
Cc: Lior Noy
Subject: RE: Follow-up to Insurance Inspection

So if possible please work on it Monday so that we can reply on Monday, we need to finalize this matter asap.

Please let me know if you think we will not reply on Monday
thanks

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Monday, March 09, 2009 8:34 AM
To: Mackay, Michael; Lior Noy
Cc: Mackay, Meggan
Subject: RE: Expense Reimbursement

Hi,

I understand where you're coming from. Let's finalize scope of work and reimbursement matters this week so that we can progress with a resolution plan

thanks,
Mayan

-----Original Message-----
From: Mackay, Michael
Sent: Monday, March 02, 2009 2:06 PM
To: Mayan Metzler; Lior Noy
Cc: Mackay, Meggan
Subject: RE: Expense Reimbursement

Dear Mayan and Lior,

Meggan and I believe reimbursement of our expenses is appropriate now rather than later because:

(1) As of five months ago we had paid MyHome 85% of the project costs for major work that simply has yet to be done, e.g., "House is weather tight" (See schedule of payments, MyHome Contract pg. 4).

(4) Since it is now many months later and there are no projections for a completion date, we believe we are entitled to reimbursement now.

Thank you for your re-review of this matter.

Michael

From: Mackay, Michael
Sent: Monday, March 09, 2009 11:44 AM
To: 'Mayan Metzler'
Cc: 'Mackay, Meggan'; 'Lior Noy'
Subject: RE: Expense Reimbursement

Good morning, Mayan,

Please explain how you plan to "finalize scope of work and reimbursement matters this week." What additional information do you need from us? Would you like to schedule a meeting at your office or on site? Meggan and I distinctly remember from our January 15 meeting that you agreed to proceed with the Engineer's recommendations for correcting the code violations. Now, nearly eight weeks later, we seem further away from agreement on the scope of work than closer. I do appreciate your frequent emails, but repeated calls to action are not a substitute for action itself.

Meggan and I are rapidly approaching the "end of our ropes."

Michael

-----Original Message-----
From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Monday, March 09, 2009 8:34 AM
To: Mackay, Michael; Lior Noy
Cc: Mackay, Meggan
Subject: RE: Expense Reimbursement

Hi,

I understand where you're coming from. Let's finalize scope of work and reimbursement matters this week so that we can progress with a resolution plan

thanks,
Mayan

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Monday, March 09, 2009 11:48 AM
To: Mackay, Michael
Cc: Mackay, Meggan; Lior Noy
Subject: RE: Expense Reimbursement

Alright, I understand what you’re saying. I’ll talk to Lior now and make sure we’re replying to the scope of work email asap in order to finalize the plan of action.

What I’d like to propose is to schedule a conference call later today with Lior and me to discuss everything and confirm we’re all on the same page.

If you don’t mind I’d like Michael Pelmentiro to participate in the call since we are asking him to carry the financial burden of fixing all this stuff so I’d like

Him to at least be aware of the severity of the matter. Would later today around 4 or 5 PM work for you?

thanks

Mayan Metzler
President

From: Mackay, Michael
Sent: Monday, March 09, 2009 12:01 PM
To: 'Mayan Metzler'
Cc: 'Mackay, Meggan'; 'Lior Noy'
Subject: Monday 5:00 pm conference call

A conference call at 5 pm works for me.

I think including Michael Palmentiero in the conference call will create an unnecessary large distraction. Between our Professional Engineer's report and the inspections by his underwriter last Monday, I am sure Michael can be made aware of the severity of the damages and code violations.

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Monday, March 09, 2009 11:59 AM
To: Mackay, Michael
Cc: Mackay, Meggan; Lior Noy
Subject: RE: Monday 5:00 pm conference call

But do you mind if he will participate? This is my biggest issue all along. I wanted him to be in our initial meeting, but due to an internal misunderstanding he wasn’t.

We are criticizing him and his work all along so I think it’s only fair that at the very least he will get a chance to hear it

thanks

Mayan Metzler
President

From: Mackay, Michael
Sent: Monday, March 09, 2009 12:16 PM
To: 'Mayan Metzler'
Cc: 'Mackay, Meggan'; 'Lior Noy'
Subject: RE: Monday 5:00 pm conference call

Yes, I do mind if he participates. Criticism of Michael's work and the steps needed to correct it need to be defined by objective professionals in the building trade, specifically, professional engineers, environmental specialists, Village and County inspectors, and insurance representatives. We believe these are the only "fair" ways for Michael to get feedback on the quality of his work. But feel free to communicate to Michael our personal disappointment with the way the project has been handled. I believe he already knows.

Again, I would like to keep the telephone conference focused on discussing:

(1) points of contention in the revised Scope of Work plan (attached) and

(2) reimbursement of out-of-pocket expenses.

Thank you.

Michael

[Attached: WorkPlan.doc]

From: Mackay, Michael
Sent: Monday, March 09, 2009 7:33 PM
To: 'Mayan Metzler'; 'Lior Noy'
Cc: 'Mackay, Meggan'
Subject: Monday 5:00 pm conference call - recap

Lior and Mayan, thank you for your efforts this afternoon to move this project forward.

My understanding is we agreed to the following items:

• Lior will schedule an interview at 42 Maple for either Wed. early am (7:30) or late afternoon (5:30 pm) to meet a possible new project manager to assist with day-today-supervision of all work.

• Lior will meet with Angelo (framing), Dominic (stucco) and Michael (former G.C.) at the site tomorrow or Wednesday to formulate a detailed plan for correcting code violations and finishing the exterior of the house, taking into account the findings of our Dec. 23 Engineer's report and our Proposed Scope of Work sent March 3. Lior will submit these recommendations in writing and we will review them with our engineer.

• Lior will respond to our Proposed Scope of Work for the interior first and second floors, based in part on results from Touch-Of-Class's insurance company's mold analysis.

• Mayan will issue a check reimbursing us for $2,500 in architectural fees and $887 in hotel expenses. We still object to not receiving reimbursement for $4,648 in roofing supplies and stone veneer we purchased for MyHome prior to our fourth payment ($46,250 paid Sept. 21). We believe MyHome's receipt of this payment, demanded ahead of contract schedule for work not yet performed, is contrary to New York State Lien Laws

Per your request, Lior, I am attaching exterior and interior photographs of inadequate sheathing around windows and doors .

Please let me know if you require further documentation.

Michael

[InadequateSheathing.pdf]

From: Mackay, Michael
Sent: Tuesday, March 10, 2009 1:18 PM
To: 'Mayan Metzler'
Cc: 'Mackay, Meggan'; 'Lior Noy'
Subject: 9 March 5:00 pm conference call - Addendum

Mayan,

After reviewing yesterday's telephone conference, Meggan and I had a few observations/questions:

(1) Please explain the complete turnaround from our agreement last January 15 when you stated, "I agree with all your points below" regarding (among other things) not using Michael Palmentiero, providing us with a list of alternate contractors, and paying for the work regardless of reimbursement from Touch-of-Class? (Complete emails with portions highlighted copied below.)

(2) Why are you concerned about receiving adequate compensation from Michael Palmentiero's insurance company? Any settlement will be based on the market value of labor and materials needed to fix the violations. It is therefore illogical for you and Lior to claim you need to use the original sub-contractors because they will do the work for free.

(3) Regarding our pre-paying for roofing supplies, I find your statement ironic, Mayan, that "according to Lior we never requested that you pay for the supplies." Would you have preferred to have delayed the roofing work even longer and incurred further rain damage?

Thank you in advance for your explanations.

Michael

-----Original Message-----
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

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: Wednesday, March 11, 2009 2:33 PM
To: 'Mayan Metzler'; 'Lior Noy'
Cc: 'Mackay, Meggan'
Subject: Action items

Mayan, could you reply to the questions raised in my last email (see below)?

Also, when can we expect MyHome's check reimbursing us for 2007 architectural services and hotel expenses?

Lior, please confirm Sal is coming to the house this Friday after 5:30 pm.

Also, Lior, I need your written reply/counter-proposal to our Scope of Work plan - based on your reviews with Angelo, Michael and Dominick - by Friday afternoon. If they are unable to make this a priory and meet in the next day or two, they obviously won't be disposed to showing up and doing the work. In which case I will need to find someone else.

Thank you for your prompt attention.

Michael

-----Original Message-----
From: Mackay, Michael
Sent: Tuesday, March 10, 2009 1:18 PM
To: 'Mayan Metzler'
Cc: 'Mackay, Meggan'; 'Lior Noy'
Subject: 9 March 5:00 pm conference call - Addendum

Mayan,

After reviewing yesterday's telephone conference, Meggan and I had a few observations/questions:

(2) Why are you concerned about receiving adequate compensation from Michael Palmentiero's insurance company? Any settlement will be based on the market value of labor and materials needed to fix the violations. It is therefore illogical for you and Lior to claim you need to use the original sub-contractors because they will do the work for free.

Thank you in advance for your explanations.

Michael

From: Mackay, Michael
Sent: Wednesday, March 11, 2009 3:51 PM
To: 'lnoy@myhomeus.com'
Cc: 'Mackay, Meggan'
Subject: Mar. 12 2009 mtg.

5:30 tomorrow (Thursday) works for me.

Thank you.

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Thursday, March 12, 2009 2:07 AM
To: Mackay, Michael; Lior Noy
Cc: Mackay, Meggan
Subject: RE: Action items

Hi Michael,

About the first question it was discussed in our last call, let's keep moving forward, if you'd like to discuss again we can schedule another call or face to face meeting, Lior please let me know the reimbursement amount and I will submit to Yoel and about the subs, they're definitely interested and would like to correct everything asap, it's a priority for all of us. I'll ask Lior to expedite our response in regards to the scope of work, but potentially due to reasons Lior mentioned during our last call finalizing the scope of work must be done professionaly and due to the circumstances Lior would like to minimize the risk therefore would like to triple confirm it's properly drafted so if he will not hit the Friday deadline please don't see it as an indication of anyone not interested enough to resolve asap.

thanks,
Mayan

From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Friday, March 13, 2009 5:38 PM
To: Mackay, Michael
Cc: Mayan Metzler
Subject: Sal and updates

Michael –

I’ve been very impressed with Sal and wanted to know how you felt about him – he is very professional and with Sal’s help I know that Mike’s desire to correct all the issues should be a very smooth process.

We’ve done some research and found a sealing product that might reduce the need to remove all of the windows - Mike Palmentiero is gathering further data. That’s why no one came over there yet – they want to study both options. We need the first part of next week to truly understand this – once we have enough info on the product we will present it to you and you can go over it with your engineer.

Have a great weekend and speak with you soon -

Lior Noy
Branch Manager

From: Mackay, Michael
Sent: Friday, March 13, 2009 5:59 PM
To: 'Lior Noy'
Cc: 'Mayan Metzler'; 'Mackay, Meggan'
Subject: RE: Sal and updates

Meggan and I enjoyed meeting Sal Boudone yesterday. He seemed quite interested in the project.

While I am skeptical about trying any new product, I am willing to review your recommendations - no matter how unconventional - with my engineer provided MyHome will pay for the engineer's services.

We will be out for most of next week. If you would like to schedule a visit to the house (inside) during the day on Monday, Mar. 23 or later, that would be fine. On a related note, Meggan informed me Mike Palmentiero called her wanting to set up a meeting. As stated repeatedly, I've lost all confidence in Mike's supervisory and general construction skills. In my opinion, he remains a liability to our project so please do not expect/ask me to work with him. His repeated efforts are harassment.

Michael

From: Mackay, Meggan
Sent: Friday, March 13, 2009 7:04 PM
To: Lior Noy
Cc: Mayan Metzler; Mackay, Michael
Subject: Mackay house

Hi Lior-

I spoke with Michael Palmentiero this afternoon. He asked if he could meet with Michael M to go through the house and get back to you with a scope of work. I suggested that a meeting with Michael M may not be very productive and it would be better for him to go through the house with Sal and yourself. I then spoke with Michael M who felt also that he did not want to meet with Michael about these issues. I called Michael P back and explained that we really need a scope of work that addresses all of the problems in the house. He suggested starting with the windows but I said that we feel very strongly that a comprehensive scope of work, in writing, will need to be agreed upon before beginning any further work on the house. Michael P said he would provide you with proposals this week while we are away so that there should be a scope of work plan for us to review when we return.

I hope we can hash through all of the issues and come up with a workable plan in the near future.

Meggan

From: Mackay, Michael
Sent: Saturday, March 14, 2009 9:59 AM
To: 'Lior Noy'
Cc: 'Mayan Metzler'; 'Yoel Piotraut'; 'JS'
Subject: Exterior remediation options, payments and mold report

Lior, as you, Mike Palmentiero or other subs consider sealing products, please bear in mind that any remedy to the existing code violations must itself comply with NY State Building Code. It would seem pointless to propose fixing one violation by applying another.

Could you also reply to Mayan's request, "Lior please let me know the reimbursement amount and I will submit to Yoel." As stated in numerous prior emails, and agreed to by Mayan on March 10, "Mayan will issue a check reimbursing us for $2,500 in architectural fees and $887 in hotel expenses." Repeated evasion of this payment does little to restore our confidence in MyHome.

On a minor note, could you please forward as promised a copy of the mold report by Robert Violante, RPIH, Geo-Environmental Co., Inc. based on his January 20 inspection?

Thank you.

Michael

From: Mackay, Michael
Sent: Saturday, March 14, 2009 10:43 AM
To: 'Mayan Metzler'
Cc: 'Lior Noy'; 'JS'
Subject: RE: Action items

Good morning, Mayan,

Yes, I would appreciate clarification on two key points I raised about our conference call March 9, but not via telephone or face-to-face meeting. A written explanation of MyHome's change in position would ensure we are on the right track:

(1) Why the complete turnaround from our agreement last January 15 when you stated, "I agree with all your points below" regarding (among other things) not using Michael Palmentiero, providing us with a list of alternate contractors, and paying for the work regardless of reimbursement from Touch-of-Class?

(2) Why are you concerned about receiving adequate compensation from Michael Palmentiero's insurance company? Any settlement will be based on the market value of labor and materials needed to fix the violations. It is therefore illogical to claim you need to use the original sub-contractors because they will do the work for free.

Michael

-----Original Message-----
From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Thursday, March 12, 2009 2:07 AM
To: Mackay, Michael; Lior Noy
Cc: Mackay, Meggan
Subject: RE: Action items

Hi Michael,

thanks,
Mayan

From: Mayan Metzler [mailto:mmetzler@myhomeus.com]
Sent: Sunday, March 15, 2009 9:58 PM
To: Mackay, Michael; Lior Noy
Cc: Yoel Piotraut; JS
Subject: RE: Exterior remediation options, payments and mold report

Regarding the reimbursement, there's no evasion. I never encountered a company that cuts reimbursement checks to clients without getting them approved first.
Even $ 50 rebates take some time. I need Yoel to approve it and he didn't yet. As soon as he will, we will cut the check.
thanks

-----Original Message-----
From: Mackay, Michael
Sent: Saturday, March 14, 2009 8:59 AM
To: Lior Noy
Cc: Mayan Metzler; Yoel Piotraut; JS
Subject: Exterior remediation options, payments and mold report

On a minor note, could you please forward as promised a copy of the mold report by Robert Violante, RPIH, Geo-Environmental Co., Inc. based on his January 20 inspection?

Thank you.

Michael

From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Friday, March 20, 2009 3:46 PM
To: Mackay, Michael
Cc: Sal Baudone; Mayan Metzler
Subject: FW: 42 Maple ave.

Michael – Sal the Project manager came up with several solutions after his visit to the site – please review and let us know what you think -

Lior Noy
Branch Manager

LNoy@myhomeus.com
http://www.myhomeus.com

From: Sal Baudone
Sent: Saturday, March 14, 2009 11:01 AM
To: Lior Noy
Subject: FW: 42 Maple ave.

From: Sal Baudone
Sent: Saturday, March 14, 2009 10:53 AM
To: 'Lior@myhomeus.com'
Cc: William Merunka; Mayan Metzler; Yoel Piotraut; Ronen Betzalel
Subject: 42 Maple ave.

Lior,

The rapping of the window issue can be resolved by several methods.

The one I would choose to minimize any damage, would be to:

Remove the casing trim from the inside of the home and flash the unit from the inside using galvanized flashing and tar caulking to complete a seal to the 2x4 studs. This method will utilize the standard of step flashing that we incorporate when flashing a roofline. This method is also a Anderson window recommendation. After the flashing is complete foam insulation can be applied to the opening as to further seal the flashing against the DF timber. Then the trim can be reapplied.

On the flooring issue I would like to remove several boards and clean any insulation debris, then overlay the flooring with ¼” plywood glued and screwed to the existing floor. This would give the homeowner a clean surface to attach a carpet without increasing the thickness greatly.

I have also researched the stucco situation further, the rust is most defiantly due to the inferior materials used for that period. Also, any damage to the timber behind the stucco can be dated very easily. If the homeowner wishes us to remove the stucco and repair the timber, he must also agree that if there is any pre existing damage that is determined to be dated prior to our arrival onto the job site that he would be required to incur the costs related to such a repair. As you know this can be very costly and I am very confident that we would not be held liable for repairs on undertaking the homeowners request.

With regard to the mold levels, I will need to see the report and check the levels. I have had experience with mold related issues in the past and the dates need to be addressed because as you are aware mold is a Bio material and levels do increase in time, if this is the case I will have to concur with some of my engineering colleges from Boswell Engineering as to if the levels were pre-existing. This would determine the extent of our liability.

Thanks

Sal

Sal Baudone
Project Manager

From: Mackay, Meggan
Sent: Monday, March 23, 2009 6:36 PM
To: Lior Noy; Mayan Metzler
Cc: Mackay, Michael
Subject: Mackay house

Hi Lior, Sal and Mayan-

We returned home Saturday and Michael had an email from you with some of Sal's suggestions for the windows, floors upstairs and comments on the stucco. While we are happy to see that some ides have been discussed, Michael and I were expecting to see a complete scope of work that we could show to our engineer and the building inspector ini Pelham to make sure everything planned is code compliant. We were disapointed to find that many of the issues that are outlined in Michael's (Mackay) work proposal dated 3/3/09 (see attached) have still not been addressed.

These include issues with all recently installed siding (Hardiplank, stucco and trim), all issues related to the lack of Tyvek use and prolonged exposure of the North face of the house in particular to elements, water-damaged insulation under porch roof and installation of the porch ceiling, chimney issues, priming/painting of new exterior Hardiplank and trim, gutters and down spouts. Interior issues regarding the replacement of new second floor sheetrock, insulation and exterior plywood have been deferred until all of us have seen a copy of the mold report. WE NEED COPIES OF THE MOLD REPORT FROM THE FIRM HIRED BY LIOR. Has anyone heard from the National Grange Insurance company about their mold evaluation? First floor interior problems have also not been addressed. These are outlined in the attached scope of work as well and include demolition and repair of walls and ceilings damaged by water, compounded by mold.

There is no mention of where we will live during construction- it is not feasible for us to stay at 42 Maple while the reconstruction is happening.

We suggest that Lior and Sal read the attached scope of work and address each point in creating a comprehensive, new scope of work. If Sal can clarify what he proposes for the windows and/or use pictures to explain it that would be helpful before taking it to the building inspector and engineer. Once we have a comprehensive scope of work then we hope to be able to agree and move forward. We would like this to happen as soon as possible- it has now been 2.5 months since our meeting in January with no action. Michael and I can be available almost any time to review emails and meet if necessary- we are eager to move ahead!

Regards,

Meggan

<<ProposedScopeofWork.doc>>

From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Tuesday, March 24, 2009 1:31 PM
To: Mackay, Meggan
Cc: Sal Baudone; Mayan Metzler
Subject: RE: Mackay house

Meggan – hope your trip was great - I am trying to get my wife and kids on a plane for tomorrow so please give me untl tomorrow or Thursday to give you respond. I will talk with Sal about all scope questions - thanks for give me another day -

Lior Noy
Branch Manager

From: Mackay, Meggan
Sent: Tuesday, March 24, 2009 5:57 PM
To: Lior Noy
Cc: Sal Baudone; Mayan Metzler; Mackay, Michael
Subject: RE: Mackay house

No problem Lior. Vacations are very good things. The reason we really want to finalize a comprehensive plan is so that once construction begins again there should be no more delays.
I meant to ask about the cellar supports as well. We will need to figure out the plan for that first- we are reluctant to move more things into the basement until we know that it is finished.

So we should be talking by Thursday at the latest?

Meggan

-----Original Message-----
From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Tuesday, March 24, 2009 1:31 PM
To: Mackay, Meggan
Cc: Sal Baudone; Mayan Metzler
Subject: RE: Mackay house

Lior Noy
Branch Manager

74 South Moger Avenue
Mount Kisco, NY 10549

From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Tuesday, March 24, 2009 6:11 PM
To: Mackay, Meggan
Cc: Mayan Metzler; Sal Baudone
Subject: RE: Mackay house

Hi – Lior is running home to his family but he can be reached by phone - here’s his comments on your scope of work. Please give him a call tomorrow. Thanks !!

Lior Noy
Branch Manager

<< ProposedScopeofWorkLiorReply.doc>>

From: Mackay, Meggan
Sent: Wednesday, March 25, 2009 5:46 PM
To: Lior Noy
Cc: Mayan Metzler; Sal Baudone; Mackay, Michael
Subject: RE: Mackay house

Thank you for the scope of work Lior. This is what we have been waiting for so that we can see exactly where My Home stands on all of the issues related to our house. Michael and I are going through your comments. We still have not received a copy of the mold report you received from the company that came to the house in January- we would appreciate it if this could be emailed or faxed to us.

My fax # is 516-562-2537

Are you away until 4/3? If yes, would Sal be available for us to speak with regarding any of the issues?

Regards,
Meggan

From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Thursday, March 26, 2009 5:56 AM
To: Mackay, Meggan
Cc: JS; Mayan Metzler; Sal Baudone
Subject: RE: Mackay house

Meggan,

I will send the mold report today.

I’ll be back at work on the 3rd (next week). Sal will be available to start working on our project as soon as we agree on a scope of work.

J (should be your key contact person in my absence), will help with communication while I’m away. I will be receiving my emails at every moment (the blackberry thing) so feel free to use it. Also for any emergency you can just dial my cell number and the call will get through as a local call for you.

Thanks.

Lior Noy
Branch Manager

From: Mackay, Meggan
Sent: Thursday, March 26, 2009 9:22 AM
To: Lior Noy; Mackay, Michael
Cc: JS; Mayan Metzler; Sal Baudone
Subject: RE: Mackay house

Hi Lior-
It will be great if you or Jenny can send the mold report today. We will plan on speaking with you directly on 4/3 and will continue to email any questions in the meantime.

Regards,

Meggan

From: Mackay, Meggan
Sent: Thursday, March 26, 2009 6:01 PM
To: JS
Cc: Mayan Metzler; Sal Baudone; Lior Noy; Mackay, Michael
Subject: RE: Mackay house

Hi J-
Since Lior is away can you please send us a copy of the mold report? If it cannot be emailed, my fax # at work is 516-562-2537.

thank you

Meggan

From: Mackay, Meggan
Sent: Friday, March 27, 2009 1:20 PM
To: Mackay, Michael
Subject: FW: Mackay house

finally! I have not read it yet

-----Original Message-----
From: JS [mailto:J@myhomeus.com]
Sent: Thursday, March 26, 2009 6:18 PM
To: Mackay, Meggan
Cc: Lior Noy; Sal Baudone; Mayan Metzler
Subject: RE: Mackay house

Found it !!

From: Mackay, Meggan
Sent: Friday, March 27, 2009 4:26 PM
To: 'Dave Prutting'
Subject: RE: advice

Hi Dave-
If you are willing we will meet you anytime at
42 Maple Ave
Pelham, NY 10803

Wednesday and Thursday next week might be best if one of those works for
you. I will check with Michael but his schedule tends to be very
flexible except for Monday mornings. My cell # is 646-761-0679

Meggan

-----Original Message-----
From: Dave Prutting [mailto:prutting@prutting.com]
Sent: Friday, March 27, 2009 4:16 PM
To: Michael Mackay
Cc: Mackay, Meggan
Subject: Re: advice

Hello----what is the address? can someone meet us daytime one day next week?

Meggan Mackay wrote:
> Hi Dave-
> I think Mara or Steve may have contacted you about the problems we
> have been having with our house renovation in Pelham. I hate to
> bother you with this but we are in desperate need of professional and
> reliable advice on a project that has become a nightmare. We began a
> renovation of our second floor last July that was supposed to have
> been completed by November. It involved tearing down the existing
> partial second floor (of a 1920's cottage style home) and creating a
> full second floor with new roof. The anticipated result was to create

> a larger second floor simply by raising the roof so that all of the
> floor space could be used. It was a relatively simple project that
> involved framing and roofing- the existing bathroom was preserved
> because it had been built 10 years ago and was in very good shape.
>
> In December we ended up hiring an outside engineer to inspect what we
> were beginning to realize was very poor quality work. He has since
> informed us of numerous violations and problems. Many of these
> relate water damage from delays in roofing and sealing the new
> construction. The second floor is still not waterproofed and there is
> significant water damage to the first floor as well as to the new
> construction.
>
> There are many other issues as well. We have been using a design and
> build firm called My Home. They were originally based in NYC but
> opened an office in Mt Kisco a few years ago. They are responsible
> for sub-conotracting out to the architect and contractor but our
> contract is with My Home. We have met repeatedly with the head of My
> Home who acknowledges that the job at our house has been done very
> badly and that this was from a complete lack of oversight from the
> contractor. He initially offered to "fix everything" but once he
> realized the enormity of the scope of work involved, the company is
> now trying to negotiate on several things.
>
> My problem is that I have no expertise in this field at all. My
> husband is knowledgable about some things but neither of us
> is qualified to judge what the best course of action may be. We have
> the engineer's report which is probably extreme- I understand that he
> may be overstating some of the problems. On the other hand, we are no
> longer able to trust My Home. They have offered to hire a new project
> manager to supervise the contruction once we have agreed on a scope of
> work. If we can negotiate with them it would be simpler for us-
> otherwise we will need to sue them and that means continuing to live
> on the first floor of a house that is exposed to the elements for
> several years. This is not really an option for me!
>
> I would like to ask if you, or someone in your company, would be
> willing to take a look at the existing construction and damage to the
> house, read the engineers report, and look at the corrections My Home
> is proposing. We really need a professional and objective assessment
> of what is reasonable in terms of damage remediation so that we will
> and up with a home that is safe and secure. If you are willing to
> consider this we would love it (and you need to let me know what your
> reimbursement should be) but I can also understand if you would not
> want to become involved.
>
> So, sorry about the long email. Let me know- I have ccd my work email

> and would be happy to give you a call as well.
>
> Take care
>
> Meggan

--
David L. Prutting
Prutting & Company Custom Builders LLC
70 Pine Street
New Canaan, CT 06840
T: (203) 972-1028
F: (203) 966-8471

prutting@prutting.com
www.prutting.com

-----Original Message-----

From: Mackay, Meggan
Sent: Friday, March 27, 2009 5:42 PM
To: Dave Prutting
Cc: Mackay, Michael
Subject: RE: advice

Thank you so much Dave. We look forward to hearing from Al. Cannot
thank you enough!!!

Meggan

-----Original Message-----
From: Dave Prutting [mailto:prutting@prutting.com]
Sent: Friday, March 27, 2009 4:45 PM
To: Mackay, Meggan
Cc: al pote
Subject: Re: advice

I am away next week you will be meeting with Al Pote---he will call
you---He will give you great feedback and report to me---sounds like you

better tarp the roof---we can help if you need us

Mackay, Meggan wrote:
> Hi Dave-
> If you are willing we will meet you anytime at
> 42 Maple Ave
> Pelham, NY 10803
>
> Wednesday and Thursday next week might be best if one of those works
for
> you. I will check with Michael but his schedule tends to be very
> flexible except for Monday mornings. My cell # is 646-761-0679
>
> Meggan

From: Mackay, Michael
Sent: Sunday, March 29, 2009 1:17 PM
To: 'Sal Baudone'
Cc: 'Mayan Metzler'; 'Lior Noy'; 'Mackay, Meggan'; 'J@myhomeus.com'
Subject: RE: 42 Maple ave. - window wrapping proposal

Sal, neither my engineer nor the Pelham Building Inspector understand your proposed solution to the wrapping problem:

"Remove the casing trim from the inside of the home and flash the unit from the inside using galvanized flashing and tar caulking to complete a seal to the 2x4 studs. This method will utilize the standard of step flashing that we incorporate when flashing a roofline. This method is also a Anderson window recommendation. After the flashing is complete foam insulation can be applied to the opening as to further seal the flashing against the DF timber. Then the trim can be reapplied."

We need a few more details:

1. Would the galvanized flashing cover the interior wall, window cavity and exterior wall in one piece? If so, how many inches would overlap onto the inside and outside walls?

2. Would the galvanized flashing be applied on top of or underneath the sheet rock?

3. Would the flashing be applied on top of or beneath the existing layers of stucco?

4. While tar caulking may be appropriate for exterior roof flashing, is it appropriate for sealing to wall studs? What brand/product did you have in mind?

5. How would this method be applied to the bottom edges of the French doors?

6. Could you supply a link or fax us a copy of the Anderson spec endorsing this approach?

7. Can you get an architect (e.g., Trevor Spearman) to do a rough sketch for the building inspector's and engineer's review and approval?

As mentioned in previous emails, we would like confirmation that this approach complies with NY State Code requirements for new construction, particularly Chapter R7.

We are still awaiting your proposal for addressing the lack of proper sheathing at the building corners, including the seams where the dormer meets the main portion of the second floor.

Finally, I am disturbed by the abrupt departure from your original findings on March 12 when you visited the site, reviewed photographs, and told Lior and me, "The windows need to come out." My concern, of course, is that your initial recommendation was for the "right" approach while your current proposal is for the "inexpensive" approach. Any assurances to the contrary would be appreciated.

Michael

-----Original Message-----
From: Lior Noy [mailto:lnoy@myhomeus.com]
Sent: Friday, March 20, 2009 3:46 PM
To: Mackay, Michael
Cc: Sal Baudone; Mayan Metzler
Subject: FW: 42 Maple ave.

Michael – Sal the Project manager came up with several solutions after his visit to the site – please review and let us know what you think -

Lior Noy
Branch Manager
LNoy@myhomeus.com
http://www.myhomeus.com

-----Original Message-----
From: Sal Baudone
Sent: Saturday, March 14, 2009 10:53 AM
To: 'Lior@myhomeus.com'
Cc: William Merunka; Mayan Metzler; Yoel Piotraut; Ronen Betzalel
Subject: 42 Maple ave.

Lior,

The rapping of the window issue can be resolved by several methods.

The one I would choose to minimize any damage, would be to:

Thanks

Sal

Sal Baudone
Project Manager

From: Mackay, Michael
Sent: Monday, March 30, 2009 5:11 PM
To: 'carpentry@optonline.net'
Cc: 'Mackay, Meggan'
Subject: 42 Maple Ave.

Hi, Al,

I'm Michael, also known as Meggan's husband and Steve Prutting's brother-in-law. Between the Pruttings and the Quigleys I am way outnumbered.

Really appreciate your making the trek down to Pelham this Thursday to view our wreckage. In anticipation of your visit I'm attaching our original engineer's report dated Dec. 22, 2008 and MyHome's reply to the Engineer's proposed Scope of Work, dated March 24. MyHome's counter-offers are in red print. Also attached is a two-page summary of the Engineer's report that I prepared for subsequent meetings with MyHome. Hope these help.

Many thanks in advance for your expertise and experienced concern..

Michael

[attached: EngineeringRptSummary.doc, EngineersReport.pdf, ProposedScopeofWorkLiorReply.pdf]

From: Mackay, Michael
Sent: Tuesday, March 31, 2009 11:56 PM
To: 'Mayan Metzler'
Cc: 'Lior Noy'; 'Mackay, Meggan'; 'J@myhomeus.com'; 'Sal Baudone'
Subject: Geo-Environmental mold report

Dear Mayan,

Thank you for forwarding Geo-Environmental's mold report dated January 30, 2009, which we received only this past Friday (March 27, 2009), nearly eight weeks later.

Meggan and I are dismayed - but not surprised - to learn that mold was found on some of the insulation, sheet rock and wood frame samples from the new construction on the second floor. We are particularly concerned about the "moderate" levels of aspergilius and chaetomium growing on the North wall where our daughters' beds will be located (see architect's pan). According to the report, these molds can cause asthma, sinusitis and hay fever. As our oldest daughter is already highly susceptible to hay fever, you can of course appreciate our desire to correct the mold hazards per NY State guidelines, or better.

We concur with Geo-Environmental's conclusion stating "Due to the fact that water infiltration has occurred and possibly compromised these building materials, replacement is suggested in the above stated areas [N/W Room - West Wall and North wall]." This is consistent with our engineer's recommendations in his report dated December 22, 2008.

Also consistent with our engineer's report is Geo-Environmental's statement that "Conditions can change over time and there is no guarantee, given or implied, that mold does not exist in other areas of the building; or that other types of mold may not be present." This includes the second floor areas where no interior testing was performed, specifically, the entire East wall and the South/West walls of the master bedroom. Furthermore, considering the small size of the four areas sampled (one square inch), we have little confidence the tested walls are free of mold in other areas.

As we now enter our fourth season without proper sheathing, the second floor remains exposed to further water infiltration. And as conditions become warmer and damper since January 20, 2009 (when the samples were collected) we only expect the levels of mold described in the report to increase and other colonies to appear. Perhaps MyHome could offer some interim measure to protect the exposed exterior walls and seams from the heavy rains expected in April.

We regret that MyHome did not address these hazards last Fall, or took the normal precautions to prevent such damages in the first place. We are hoping the second mold inspection you arranged for February 2 (which I believe was due by February 23) can help resolve our differences re: the appropriate scope of work required to fix our home.