January 2018 –
Video – https://www.flickr.com/photos/timide/shares/t2Hute
January 3, 2018 –
VIDEO:
January 5, 2018 –
Tim called Maumee Permit office spoke with Bruce Wholf to arrange inspection.
Text from Terry:
—— 05/01/2018 ——
Terry Foundation 10:28
Megan
Kevin hasn’t received that email with your questions yet. We are interested in moving forward with work once these issues are addressed to the satisfaction of you guys and us. We have always and will continue to follow the codes laid out by permit from Maumee Building Inspection. At this time all inspection stages have been approved by them. Of course this very cold weather has halted things that looks like it is about to change next week. Issues need to be resolved to restart.
Terry
January 7, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/282GT9
January 8, 2018 –
Met with Zach and Mark from Maumee Building Department and Terry Lengel and Everette Stephens from Diversified Group.
Zach Jenkins told Everette and Terry he was shutting the site down and that in order to move forward Diversified would need to produce a written report of all work that has been completed thus far. Zach further stated that the building permit office will also require a written plan on how Diversified plans on remediating the situation.
NOTES FROM ZACH JENKINS:
NOTES FROM MARK WESTCOTT:
Email to Zach:
Dear Zach,
Your composure and professionalism at the meeting today were greatly appreciated. I look forward to resolving this issue and continuing to save our 110 yr old house.
Attached are several photos documenting work on the foundation. I can send more if needed.
Thank-you for your time and consideration,
Megan Bremer
January 9, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/65cY07
no communication with Diversified Group.
No word from anyone.
Homeowners worked attempting to shore up home. Jack poles placed. Hydraulic jacks checked and pumped.
No communication with Diversified. Equipment (bob cat, cement mixer, excavator) left at property was removed from our lot by Diversified. At approximately 1 pm a white Diversified pickup truck drove down our alley, past our lot. The truck slowed to see us working, it did not stop and there was no communication.
January 10, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/YA5duU
No communication with Diversified group.
07:53 email from Zach Jenkins:
| to Bruce, Mark, me |
Good morning Megan,
I am sorry I didn’t have a chance to get back to you yesterday.
Thank you for sending me the pictures.
I talked to my supervisor and shared the pictures with him this morning.
He asked me to send you an email about meeting this afternoon. He is working on his schedule this morning.
We will call you in this morning to set a time. If this afternoon will not work we will try to get a time setup that will work for you.
If you have any question please feel free to call me at the office
If you cannot reach me on my direct line please call 419-897-7075 and asked to speak with me or Bruce.
Thank you
Zach Jenkins
419-897-7078
3:00 pm Megan attended a meeting at Maumee Building Permit Office with Bruce and Zach Jenkins.
“A lot of that doesn’t apply.” – Bruce
January 11, 2017 –
Photographs – https://www.flickr.com/photos/timide/shares/9r4d4P
January 12, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/S4LG8Z
No communication with Diversified Group.
Trench flooded and pumped out with our sump.
January 13, 2018 –
No communication with Diversified group.
January 14, 2018 –
No communication with Diversified group.
January 15, 2018 –
No communication with Diversified group.
January 16, 2018 –
10:51 email to Zach Jenkins:
Hello Zach,
Thanks for taking the time to meet with me last Wednesday. Have you heard back from The Diversified Group? I have not.
What is the official reason for red tagging the project?
Kevin Oberhouse said on December 29 around 8am he called your office and spoke to someone(he couldn’t remember who)about how we had to grade up to the sill plate on the north wall. Can you confirm that call did or did not happen?
We’ve received a lot of positive community support from friends, acquaintances, and new neighbors since I bought the house in August. It was a warm welcome and this foundation issue is taking the wind out of our sails. I’m grateful for any help you can offer.
-Thank-you, Megan Bremer
12:57 pm email response from Zach Jenkins:
Good morning Megan,
I have not heard back from the Diversified Group.
I have not talked to Mr. Oberhouse about any backfill for your project. I will ask Mark if he has talked to him about your project when he returns to work on Wednesday.
The reason the City issued a noncompliance tag was that some work was done beyond compliance. We did not shut the project down. The permit holder, with your approval, may proceed with the job. They would have to undo all the work they did that did not receive a compliance sticker. But that would have to be your choice to allow them to move forward. I know from our meeting last week you were talking about removing them from your job site.
I will be glad to help you in way that I can.
If you have any more questions please feel free to reach out to me.
I would ask that you also reach out to my supervisor (Bruce Wholf) as well. 419-897-7076.
Thanks,
Zach Jenkins
13:41 email to Bruce:
Dear Mr. Wholf,
Thank-you for taking the time to meet with me last Wednesday. Have you heard back from The Diversified Group? I have not. I am in the process of hiring an independent licensed structural engineer to check the integrity of work completed to decide how to proceed. Is there a timeline or deadlines I should be aware of?
Can I request copies of any work product from the Building Department pertaining to this project?
Kevin Oberhouse (owner, engineer of Diversified Group) said on December 29 around 8am he called your office and spoke to someone(he couldn’t remember who)about how he confirmed with your office that we had to grade up to the sill plate on the north wall. Can you confirm that call did or did not happen? Zach emailed me back to say he hadn’t spoken to Kevin and will ask Mark tomorrow.
We’ve received a lot of positive community support from Maumee friends, acquaintances, business owners, and new neighbors since I bought the house in August. It was a warm welcome and this foundation issue is taking the wind out of our sails. I’m grateful for any help you can offer.
-Thank-you, Megan Bremer
14:33 pm email response from Bruce:
Hi Megan,
While out of the office this morning at a meeting, Diversified Group did leave a voice message which I have not returned. As Zack mentioned, Mark is out today and will return tomorrow morning. I will discuss with Mark regarding the phone call mentioned by the contractor regarding grade. I have not authorized any approvals to the contractor for this project. After the discussion with Mark tomorrow, I will contact you with outcome and continue discussions which started Wednesday.
Bruce
January 17, 2018 –
2.31 PM:
Phone call from Bruce at Maumee Building Dept. Bruce stated that the last thing the building dept wants to do is to get involved between a contractor and a homeowner. Bruce stated that the work was stopped due to Diversified proceeding beyond compliance.
“If you need us to forward copies of the inspection, or inspections, you know the footers in that one partial wall, um, that was approved and that was it, so it’s obviously obvious that Diversified has gone above and beyond what they were inspected and approved to do.”
Bruce further stated; “I’ll tell you what I’ll do then, let me know if you agree. I’ll call them and tell them exactly what I told you, that you know, they had three inspections, you have gone beyond what you were approved to do, and that you (Megan) were into the office for discussions on what’s going to happen next, and that he should wait to hear from you.”
“They will be required to remove and expose everything that was not inspected, so it can be inspected in accordance with the code.”
“We just can’t get involved with any disputes between you and the contractor.”
This is a transcript of a recording Tim Ide made of a phone call, on speakerphone, in progress, between Megan Bremer and Bruce Wolfe on January 17th, 2018 at 2:31 pm.
The phone call was from Bruce to Megan and the entire phone call lasted for 7 minutes and 09 seconds. I only recorded 5 minutes and 27 seconds of it.
The phone call ended right after I stopped recording.
Megan (M) – …I mean if we do go forward with this, if it’s structurally sound or if he thinks it’s a loss and we need to just start from scratch.
Bruce (B) – OK.
(M) – Um, so, that’s were at. I was going to talk to this structural engineer and see what his opinions are, and then, um, and then contact DIVERSIFIED GROUP, but my question for you was is there like a timeline, or any deadlines that I should be aware of or um?
(B) – No, I mean the permit, the permit remains open, we know where were at, at least I think, I think you, you and I and, and, and you know are on the same page that, you know, if you need, uh, us to forward copies of the inspection…
(M) – Ah Huh.
(B) – …or inspections. You know the footers in that one part of your wall.
(M) – Ah Huh.
(B) – That was approved, and that was it. So, it’s obviously obvious that DIVERSIFIED has gone above and beyond what they were inspected and approved to do.
(M) – OK.
(B) – Ummm, and they are, between you and me and the fence post. I think that’s why he’s called back a second time, trying to figure out where they’re at, because, he’s is potentially trying to cover tracks. I don’t know.
(M) – Yeah.
(B) – Ugh. but, I don’t wanna, I don’t wanna tell them anything that I don’t run by you first, because, you know if you don’t want them out there until you get your structural inspector out there. Ummm, and or you just don’t want em out there at all, that’s your decision. That’s not my decision or the City of Maumee’s. So.
(M) – Yeah, Yeah. I appreciate that. That is a decision that I want to make after we talk to this…
(B) – OK
(M) – …engineer.
(B) – Alright. So, do you want me to call them and tell them this? Do you want to call them and tell them this? ummm. Or, you don’t wanna do anything?
(M) Hahaha (laughter) Um,
(B) – I put all the options on the table there Megan, so.
(M) – Yeah, yeah, yeah. Umm… I mean if you want to call them back, just so you don’t leave them hanging on your end. Um, but, I don’t feel comfortable giving them any information at this point.
(B) – OK
(M) – Um
(B) – Well I’ll tell you what I will do then, and, and let me know if you agree. Um, that I call them, and I’m gonna tell them exactly what I told you., you know, that they had…
(M) – Uh Huh.
(B) – …three inspections. You have gone beyond what you were approved to do and that, ahhh, you were in to the office there were discussions on what’s going to happen next.
(M) – OK
(B) – …and that he should wait to hear from you.
(M) – OK. Yeah.
(B) – Is that OK?
(M) – Yeah, yeah that sounds good.
At this point on the recording you can hear Tim interject.
Tim (T) – No
(B) – OK
(M) – Umm,
(B) – OK
(T) – Oh my god…
(M) – and
(T) – That’s wrong.
(M) – Can you hold on one second? I’m sorry.
(B) – Sure.
(M) – One moment.
(M) – I have it muted. What?
(T) – We’re not going to contact them. Tell them to contact us. OK, when they have a plan.
(M) – DIVERSIFIED GROUP?
(T) – Yeah.
(M) – uh huh.
(T) – And ask them can we leave the foundation and just deal with it, or is it red tagged and all has to come out? And tell them we didn’t shut down the site. We didn’t tell DIVERSIFIED to leave. Maumee did!
(M) – OK, OK.
(M) – OK, Bruce?
(B) – Yeah!
(M) – Yeah, hi. Um, so will they have to? If we decide to um, continue on, they, do they have to will they have to remove everything they were not approved to do?
(B) – They will be required to remove and expose everything that was not inspected, so it can be inspected in accordance with the code.
(M) – OK Um, they are probably not going to want to hear that. Um, umm, yeah, let me, let me speak to the structural engineer, and then I will be back in touch with you.
(B) – OK
(M) – And we can go from there.
(B) – That sounds good Megan.
(M) – Great. Thank you for your help.
(B) – Well, let’s try to get through this darn thing, and like I said. You know Were here to inspect the work and you know there’s only so many times that were out there, and we can do what we can do, but above and beyond that. You know, we can’t babysit the job, for a lack of better terms.
(M) – Yeah.
(B) – Additionally, like I told you at the meeting that you know we just can’t get involved with any disputes between yourself and the contractor. So.
(M) – Sure. Yeah.
(B) – Um, but you know I, I feel the need to call him back and say you know this is, this is where were at and I can’t do anything more and you need to wait for a call from Megan. How about that?
(M) – OK, yeah, and just so that.
(B) – OK?
(M) – Yeah, just so that they’re aware that you know that um, you know, we didn’t really shut the job site down, it was more um, that they did work without being approved, so yeah.
(B) – Right
(T) – Maumee did.
(B) – No, It will be explained.
(T) – Say that.
(B) – literally that they went above and beyond what they were approved.
This is the end of the recording. Megan hung up the phone right after stoppage.
2.55 PM:
Email sent::
Our first public records request sent to Chief Building Official Bruce Wholf.
| From: Tim Ide timetoproductions@gmail.com Jan 17, 2018, 2:55 PM To: wholf-bruce@maumee.org Public Records Request in regard to real property located at 321 West Broadway Maumee Ohio 43557. We are hereby requesting any and all work product in regard to real property located at 321 West Broadway, Maumee, Ohio 43557. Any and all documents, communications and or notations generated and maintained between Maumee legal department and the building inspection department in regard to real property located at 321 West Broadway, Maumee, Ohio 43557.Specifically: Any and all emails or other electronic communication produced and maintained in regard to real property located at 321 West Broadway, Maumee, Ohio 43557 Any and all text messages produced and maintained in regard to real property located at 321 West Broadway, Maumee, Ohio 43557 Any and all in-house reports generated in regard to real property located at 321 West Broadway, Maumee, Ohio 43557. Any and all outside inspection reports in regard to real property located at 321 West Broadway, Maumee, Ohio 43557. Any and all notes, post-it or otherwise, including any and all correspondence generated and maintained in regard to real property located at 321 West Broadway, Maumee, Ohio 43557. Any and all State of Ohio certifications and continuing education requirement documentation for all individuals who have received and maintain a certification in accordance with rules of the board of building standards as well as the certification as a residential building department by the board of building standards, pursuant to section 103.2. We choose to promptly view these documents in person at the building inspection office thus avoiding any and all fees associated with the viewing of public documents. We understand that the building inspection department and legal departments require a reasonable amount of time to gather and organize all requested documents as well as to confer with legal consul. We do however request these documents to be made available as soon as is possible. Megan Bremer |
January 18, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/D9H5bK
9.01 AM:
Megan voicemail / message left for Kevin Oberhouse.
11.04 AM:
Email sent from Megan to Kevin Oberhouse.
From: Megan Bremer <mcbremer@gmail.com>
Jan 18
To: koberhouse
Dear Kevin Oberhouse,
I left a voicemail this morning about where we stand with this project. Have you been in touch with the city of Maumee?
Please call or email back and let me know of developments and how you plan to proceed with my house.
Thank-you,
Megan Bremer
1.44 PM:
Email received from Amber Rathburn Municipal Clerk – City of Maumee.
From: Amber Rathburn <rathburn-amber@maumee.org>
Jan 18, 2018, 1:44 PM
To : Beth, me
Good afternoon,
This correspondence will serve to acknowledge receipt of your written request dated 1/17/18, under “Public Records” for records listed on your e-mail below.
The City of Maumee will respond to you, regarding your request, in a reasonable time, as required by law.
Please be advised that there could be a copying charge for same, due the City.
Best regards,
Amber Rathburn
Municipal Clerk – City of Maumee
January 19, 2018 –
Our house was Illegally entered without our permission and only DIVERSIFIED GROUP LLC’S equipment was “stolen.”
January 20, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/249Dv6
January 21, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/3y729W
Email sent:
Megan Bremer <mcbremer@gmail.com>
Jan 22
to kevin, terry, koberhouse, jenkins-zachary, wholf-bruce, Tischler-Beth
January 22, 2018 –
To: Kevin Oberhouse
The Diversified Group
Our main concern is that our home is sinking into the hole, having been left on bottle jacks for more than a month now. If the house is not saved soon nothing else will be relevant.
Per our meeting at the property on Jan 8, 2018 with Zach Jenkins, Mark Westcott, Terry, and Everett:
Zach from the building inspection department told The Diversified Group to prepare a written report outlining all work that has been completed thus far, and to devise a written plan for completing the project. We need to see the report and plan.
Excavation is necessary on the north wall for city inspection and compliance.
A city inspection is necessary to tell us what, if anything, is wrong with the work completed and a plan formulated from the results of the city’s inspection outlining compliance with all minimum safety standards.
We need all work completed in a workman like fashion.
All work needs to be inspected to assure compliance with minimum safety standards.
We trust that our concerns will be addressed in a satisfactory manner.
Sincerely,
Megan Bremer
mcbremer@gmail.com
(419)973-2639
Text exchange between Megan and Terry Lengel:
9:51 am Megan, we communicated with building inspection and agreed to dig out the corner as needed for inspection but Megan Kevin needs you to list your must have concerns to see if they are achievable. We cannot go back until these concerns are written. We would need a disclosure for any grading as well. We also need an addendum for the extra work in the front porch area not listed in original contract of footage listed. Please send list to Kevin and myself. He’ll review and we’ll call and set a meeting for how to move forward.
Thank you
Terry
Megan replied:
Thank you for responding. I will be sending email shortly. The main concern this moment is the house sinking on the jacks and needs to be saved.
Megan
Terry’s answer:
I understand your concern list that in your communication with Kevin via that email. Believe me when I say we want this all to work out in a satisfactory way, but it has to move forward with all of us on the same page and with a higher degree of trust.
Thanks,
Terry
January 23, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/SVf762
Email received:
From: koberhouse Kevin <koberhouse@tdgroups.net>
Date: Tue, Jan 23, 2018 at 3:47 PM
Subject: Broadway 1.23.18
To: Megan Bremer <mcbremer@gmail.com>, Terry Sales <Terry@tdgroups.net>
Megan –
Last we spoke the project was put on hold by you.
It was our understanding an email of concerns was to be sent to me. I never received the email.
It was our understanding Tim was going to demand the project get a stop work order from the city. We did not receive any written notifications or corrective directives.
I found out this morning, Maumee did not put a stop work order on your project. We are not working there because you told us not to.
Inspection told us they would like the corners excavated for further review. Per your direction we are still under a stop work order. Again inspection did not stop us.
Please email your concerns per our first meeting approximately 30 days ago.
Are you giving us a directive to excavate two corners for inspection purposes?
So we can excavate correctly. What is being inspected that was not before?
We do not feel it is our duty to excavate areas that have been previously approved, although we will in an effort of goodwill.
In general, if we get a stop work order, the person that prepared it will give us a list and state the reasons the work is not accepted. We respond and try to come up with a solution to the rejected work.
You stated in your last email we are not responsive. You reached out to me one time in 30 days. Per my instruction, Terry reached back out to you within 48 working hours of your last communication.
In order to go forward we need written instructions that it is ok for excavation.
We would like to go forward and complete the project. In order to go forward with the other items, we will need to get what items are not acceptable. Email will work for these communications. In the interest of clarity via email, please limit the length and additional derogatorily comments.
I look forward to moving forward.
Take care
January 24, 2018 –
Email sent at 1:18pm:
Questions regarding 321 W Broadway
| Tim Ide <timetoproductions@gmail.com> Wed, Jan 24, 1:18 PM to wholf-bruce@maumee.org, tischler-beth@maumee.org, jenkins-zachary@maumee.org, koberhouse Kevin <kevin@tdgroups.net>, Terry Lengel terry@tdgroups.net> Bruce yesterday we received an email from Kevin Oberhouse from The Diversified Group: ****************** From: koberhouse Kevin <koberhouse@tdgroups.net> Date: Tue, Jan 23, 2018 at 3:47 PM Subject: Broadway 1.23.18 To: Megan Bremer <mcbremer@gmail.com>, Terry Sales <Terry@tdgroups.net> Megan – Last we spoke the project was put on hold by you. It was our understanding an email of concerns was to be sent to me. I never received the email. It was our understanding Tim was going to demand the project get a stop work order from the city. We did not receive any written notifications or corrective directives. I found out this morning, Maumee did not put a stop work order on your project. We are not working there because you told us not to. Inspection told us they would like the corners excavated for further review. Per your direction we are still under a stop work order. Again inspection did not stop us. Please email your concerns per our first meeting approximately 30 days ago. Are you giving us a directive to excavate two corners for inspection purposes? So we can excavate correctly. What is being inspected that was not before? We do not feel it is our duty to excavate areas that have been previously approved, although we will in an effort of goodwill. In general, if we get a stop work order, the person that prepared it will give us a list and state the reasons the work is not accepted. We respond and try to come up with a solution to the rejected work. You stated in your last email we are not responsive. You reached out to me one time in 30 days. Per my instruction, Terry reached back out to you within 48 working hours of your last communication. In order to go forward we need written instructions that it is ok for excavation. We would like to go forward and complete the project. In order to go forward with the other items, we will need to get what items are not acceptable. Email will work for these communications. In the interest of clarity via email, please limit the length and additional derogatorily comments. I look forward to moving forward. Take care *************************** Bruce, it seems there is confusion on the part of DG also. Everyone involved needs clarification on exactly what the department of inspection is doing in regard to 321 West Broadway. It appears to us that no one has ever really looked at it, looked at the footers, looked at the foundation walls, simply looked at it. We desperately need clarification from you. Kevin states in his email; ******************** “Last we spoke the project was put on hold by you.” ******************** This is a true statement. The last time we had any communication with Kevin was at a meeting at our home on December 29th when we said that we were going to continue the stop work order we initiated on December 24th until the department of inspections takes another look at it. Kevin agreed that we had a “stop work order” until such time as the department of inspections comes back out. We had no communication with Kevin for a month prior to yesterday. ******************** “It was our understanding Tim was going to demand the project get a stop work order from the city. We did not receive any written notifications or corrective directives.” *********************** We did ask that the department of inspections revisit the site, but it was beyond our scope to demand anything. We did arrange a revisit from the department of inspections that occurred on January 8th. Kevin was not present, instead he sent someone we had never met before. We stood in our home and in our yard as Zach Jenkins looked over the foundation asked questions about why there were two sill plates? Why is this sill plate sitting in the dirt? Why is the drain severed? Why is this backfilled? We stood in our backyard and listened as Zach Jenkins stood looking at our house and told Everette and Terry from Diversified Group that he was stopping work on the project until DG submitted a written summary of all work completed and a plan on how they are going to remediate the situation, that they are beyond compliance. Bruce, our question to you is why has Kevin, like us, not received any written notifications. We have even submitted a records request and still nothing. How is it that there has been no follow through on the part of the inspection department and there continues to be such confusion as to what is and what is not occurring. ************************* “I found out this morning, Maumee did not put a stop work order on your project. We are not working there because you told us not to.”. ************************ Bruce again we are left wondering what is going on. Zach did tell Diversified Group they must stop work until such time as the back wall is excavated and inspected, and written reports were reviewed. This is a true fact based upon actions and words that actually occurred. ********************** “Inspection told us they would like the corners excavated for further review. Per your direction we are still under a stop work order. Again inspection did not stop us.” ********************** This sentence alludes to the true fact we mentioned above. When is this excavation and inspection scheduled to occur? Why has it taken weeks for this to occur? Where is the city’s written directive on what has occurred and what is scheduled to occur. Again, inspection told us that they did stop work at our house until such time as compliance is established. Bruce? Can you clarify this situation please? *********************** “Are you giving us a directive to excavate two corners for inspection purposes? “ ********************** Yes, we never said that this could not occur. We have been waiting for this to happen; however this is not up to us. The city called for these inspections and the excavation and inspection must be coordinated with the city. We are uncertain why this did not occur two weeks ago. We have no idea what is going on or why the city of Maumee seems either unable or unwilling to do their job. ************************ “So we can excavate correctly. What is being inspected that was not before?” ********************** Bruce, do you have an answer for this? What did Zach write up in his report? Where did Zach specify in his order to excavate where exactly would be excavated? We would think it would be the area along the back of the house that has already been back filled so that it is visible: That the footer is not deep enough. That the footer does not extend beneath the frost line. That the footer does not occupy space beneath the entire wall. That a portion of the back wall has no footer at all beneath it. That the footer is not continuous, and just abruptly stops. That the footer is not lined up under the wall. That the footer is ‘L’ shaped and not ‘T’ shaped. That the footer has no reinforcement connecting it to the wall. That the parge coating is inadequate and in some places nonexistent. That the cold construction joint is not reinforced in any way. That the two adjacent sections of wall are not connected to each other in any way. That the sill plate is incomplete and in some places nonexistent. That there are no anchor bolts of any kind. That the structure is not connected to the wall in any way. That the dimple board is not sealed along the top edge. That the entire back section does not meet minimum safety standards. *************************** “We do not feel it is our duty to excavate areas that have been previously approved, although we will in an effort of goodwill.” ************************* Bruce, is the Diversified Group simply acting in an effort of goodwill or is the department of inspection demanding that excavation and inspection be completed? And if the department of inspection is demanding excavation and inspection then doesn’t that mean also that the department of inspection would be responsible for the work stoppage until such time as excavation and inspection is complete? ************************ “In general, if we get a stop work order, the person that prepared it will give us a list and state the reasons the work is not accepted. We respond and try to come up with a solution to the rejected work.” ************************ Bruce, here Kevin is explaining that normally, in general when they are issued stop work orders the person that prepared the stop work order will supply to Diversified Group a list and state the reasons the work is not accepted. This is how DG states that they are normally presented their stop work orders and what normally occurs when their work is rejected. Can you please explain why Diversified has not received your list and statement of reasons the work has been stopped? We supplied the inspection department with multiple lists of our complaints. We literally cut and pasted every single applicable building code from the ORC/OAC building code and included them for reference. Kevin goes on to state: ************************** “You stated in your last email we are not responsive. You reached out to me one time in 30 days. Per my instruction, Terry reached back out to you within 48 working hours of your last communication.” ************************** Kevin has been unresponsive. We always have and continue to be, only working with the information that we are presented. This was not our decision. We did not cause this situation to occur. We have been waiting to hear something, anything, concerning the progress with our house. If you feel that we should have tried things differently then so be it. We did what we could with what we were presented. It seems mistakes were made and believe me when we say we are keenly aware of ours. At the site revisit on January 8th 2018 at 2 pm with Mark Westcott and Zach Jenkins, Zach stated that the site and work was “beyond compliance” and that work on the foundation was to stop until such time as excavation and inspection occurs. That is what actually happened. At that point we were left disappointed and concerned for our home. Zach had just stopped all work and our house was slowly sinking. We voiced our concerns for the safety of our home and Zach stated that if we feel it is a safety concern then, yes by all means, you as the homeowner can take whatever measures we see fit to shore up our house. Zach explicitly stated that Diversified Group was to cease working but the homeowner was able to work. The distinction was made when Zach told us we could work but Diversified could not. This was not welcome information for us. We were hoping Diversified would continue working, excavating for inspection, cleaning, picking up their abandoned tools from the mud, saving our house. We had no idea that when Zach called for excavation and inspection that nothing else would get done for more than a month. That is what actually occurred. That is the bottom line. We heard that and began to wait. We believed that when work was stopped by Zach that it would be more of an ‘all hands on deck’ situation, not a ‘we got a day off’ situation. We did not stop the work on our home. We have continued to work tirelessly at our house. Not exactly the work we wanted to be doing, but work, hours and hours of work. The city of Maumee stopped work by Diversified Group; they did not stop work by the homeowner. ************************ “In order to go forward we need written instructions that it is ok for excavation. “ *********************** Consider this email to be written instructions that is OK for excavation. Just let us know when inspection is scheduled with the building inspection department. We would like to be present for excavation, which can be done anytime. We have never stated anything to the contrary. We are waiting for excavation and inspection to occur. We inquired about excavation and inspection. We were told excavation and inspection was necessary to proceed. The work was shut down on our house secondary to the building inspection department calling for excavation and inspection. Bruce, When is excavation and inspection scheduled to occur? We are left waiting and wondering what is going to happen next. We spoke with you several times and things were never clear. We asked for any reports or a written notice and received nothing. We filed a freedom of information request with the city of Maumee in an effort to find out was occurring with the excavation and inspection of our home. We are writing this letter today in an effort to clear up the status of the building inspectors work stoppage until such time as their demand from Diversified Group for a written summary of all work completed thus far, a plan on how to cure, excavation and inspection is completed. What of the building inspector telling Diversified Group to stop working until compliance is achieved? What of the building inspectors demand for a written plan on how to remediate the situation? What of our list of concerns? When if ever, is anyone going to simply look at the foundation? When is excavation and inspection scheduled to occur? Why has it taken so long to schedule excavation and inspection? Why has neither Diversified Group nor the homeowner ever received anything in writing from the building inspection department? In closing Kevin added: ************************* We would like to go forward and complete the project. In order to go forward with the other items, we will need to get what items are not acceptable. Email will work for these communications. ******************** Great, we also would like to go forward and complete the project. We have emailed Kevin a detailed list of the problems that we see with the foundation: ******************** Construction Defect Major Concerns: Approximately 50′ of footers not below frost line Steps of footer not continuous/connected–what is the reason for the many changes in elevation in footer Footers not attached to block wall Footers not sealed to block wall Block set in “L” shape not “T” shape onto footer Foundation walls not attached to interior basement walls Parge coat thin and incomplete, and not coved at footer, interior and exterior Cold construction joints going between 2 footer pours with no reinforcement in joints Large Gap in corner of block wall, 2 walls not connected (corner in courtyard) Missing section of footer on NW corner SW corner of old foundation wall was not to be removed Drain system not connected to sump or daylight pipe Basement floor sewer severed and left buried in side yard Drain tiles not covered with approved filter membrane material Unnecessary clean-outs interrupt garden plans Footer removed to accommodate crossover pipe Crossover pipe not in correct area Drain tile sits on top of footer in some areas Back addition Sill plate incomplete with gaps and spaces Dimple board not sealed at top Dimple board applied up to sill plate Joints in membrane waterproofing not lapped and sealed with adhesive compatible with membrane Joints in polyethylene film not lapped 6″ and sealed with adhesive Top edge of polyethylene film not bonded to sheeting to form seal Expanded metal screen applied to West wall 6″ minimum exposure above grade not met Sill plate not sealed to block wall-no sill sealer Sill plate not connected to block wall-no anchor bolts, j bolts, or hurricane straps-The 6″ straps installed are insufficient Backfill placed against unsecured wall Cribbing in “blue room” snapping, cracked New block wall South end of West wall already has a crack all the way down to footer under one of the bottle jacks Living room floor is bowing since being up on jacks Front of house sits lower now Water sitting in trench(interior and exterior West wall) Minor Concerns: Untidy job site, litter: rubber gloves, drink bottles, cigarette butts, plastic strewn about outside and inside of home Tools left in snow including power tools, hammers, shovels, piles of junk wood left in neighbors yard, diesel fuel containers and bag of garbage left in front yard Trailer and fork lift attachment being stored on my property, major inconvenience, in our way daily Was left no way to get into house without walking through deep mud Driveway turned to mud, city sidewalk cracked and mud covered Neighbor’s yards and fences damaged Documentation/Photographs available on Flickr by following link: Foundation Photos ****************** “In the interest of clarity via email, please limit the length and additional derogatorily comments.” ****************** We are sorry about the length, however in the interest of clarity we are trying to include as much information as deemed necessary. We also tried to limit any additional derogatorily comments. ********************* Bruce, can you please clarify the questions raised by both Kevin Oberhouse d.b.a The Diversified Group and the homeowner? Thank you Megan Bremer and Tim Ide 321 W Broadway Maumee, Ohio (419)973-2639 |
Email received:
1/24/18 Email from Kevin in response to my 1/18 email
koberhouse Kevin <koberhouse@tdgroups.net>
Jan 24
I sent you an email yesterday and Terry has been in contact with you on Monday. I need to know what work is rejected or what the questions are? I was told that you gave a list to Maumee. We did not get a copy. I know inspection asked to see the part of the wall again but we cannot do that until we are given the go ahead to continue working on the house. I also need to know what is being uncovered (to look at). Is it the footing depth we are after?
1/24/18 Email to Kevin, Terry: list of defects
Email sent:
Megan Bremer <mcbremer@gmail.com>
Jan 24
to koberhouse, koberhouse, Terry, wholf-bruce, Beth, jenkins-zachary
January 24, 2018
Construction Defect
Major Concerns:
Approximately 50′ of footers not below frost line
Steps of footer not continuous/connected–what is the reason for the many changes in elevation in footer
Footers not attached to block wall
Footers not sealed to block wall
Block set in “L” shape not “T” shape onto footer
Foundation walls not attached to interior basement walls
Parge coat thin and incomplete, and not coved at footer, interior and exterior
Cold construction joints going between 2 footer pours with no reinforcement in joints
Large Gap in corner of block wall, 2 walls not connected (corner in courtyard)
Missing section of footer on NW corner
SW corner of old foundation wall was not to be removed
Drain system not connected to sump or daylight pipe
Basement floor sewer severed and left buried in side yard
Drain tiles not covered with approved filter membrane material
Unnecessary clean-outs interrupt garden plans
Footer removed to accommodate crossover pipe
Crossover pipe not in correct area
Drain tile sits on top of footer in some areas
Back addition Sill plate incomplete with gaps and spaces
Dimple board not sealed at top
Dimple board applied up to sill plate
Joints in membrane waterproofing not lapped and sealed with adhesive compatible with membrane
Joints in polyethylene film not lapped 6″ and sealed with adhesive
Top edge of polyethylene film not bonded to sheeting to form seal
Expanded metal screen applied to West wall
6″ minimum exposure above grade not met
Sill plate not sealed to block wall-no sill sealer
Sill plate not connected to block wall-no anchor bolts, j bolts, or hurricane straps-The 6″ straps installed are insufficient
Backfill placed against unsecured wall
Cribbing in “blue room” snapping, cracked
New block wall South end of West wall already has a crack all the way down to footer under one of the bottle jacks
Living room floor is bowing since being up on jacks
Front of house sits lower now
Water sitting in trench(interior and exterior West wall)
Minor Concerns:
Untidy job site, litter: rubber gloves, drink bottles, cigarette butts, plastic
strewn about outside and inside of home
Tools left in snow including power tools, hammers, shovels, piles of junk wood left in neighbors yard, diesel fuel containers and bag of garbage left in front yard
Trailer and fork lift attachment being stored on my property, major inconvenience, in our way daily
Was left no way to get into house without walking through deep mud
Driveway turned to mud, city sidewalk cracked and mud covered
Neighbor’s yards and fences damaged
Documentation/Photographs available on Flickr by following link:
Foundation Photos
Owner:Megan Bremer
1818 Pilgrim Rd
Toledo, OH 43607
(419)973-2639
Residential Building:
321 W. Broadway St
Maumee, OH 43537
Contractor: Kevin Oberhouse
The Diversified Group
6725 Central Ave #318, Toledo, OH 43617
(419)297-6138
Email received:
Terry Lengel <terry@tdgroups.net>
Jan 24
to megan, Diversified, koberhouse, wholf-bruce, Beth, jenkins-zachary
Received, thank you.
Terence J Lengel
Text Sent:
___24/01/2018_____
Me 12:32pm
Emailed list of defects to you and Kevin and Maumee
Text received:
Terry Foundation 12:39pm
Megan I received it. Will review and answer back with high priority. Will talk to Kevin. Thanks Terry
Text sent:
Me 1:04pm
Great thanks
January 25, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/226S5T
January 26, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/6x1Z0B
January 27, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/9FzSL0
January 28, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/02×215
January 29, 2018 –
Email sent:
Megan Bremer <mcbremer@gmail.com>
Jan 29
to koberhouse, Terry
Kevin & Terry,
Have you looked over the list I provided Jan 24th?
The excavation of the North addition wall can be done asap. Coordinate with me about date/time.
Also please arrange to pick up your trailer, garbage, and diesel fuel being stored on my property today or tomorrow.
Email received:
koberhouse Kevin <koberhouse@tdgroups.net>
Jan 29
to Everette, megan, Terry
We will excavate tomorrow. We will be there between 10 and noon to get started. The other items will be removed tomorrow as well.
Everett FYI- Also please arrange to pick up your trailer, garbage, and diesel fuel being stored on my property today or tomorrow.
Email sent:
Megan Bremer <mcbremer@gmail.com>
Jan 29
to koberhouse
Thank-you
Please remind whoever does the excavation there is the sewer pipe right of center under the stones
January 30, 2018 –
diversified group excavated the two back corners of the house.
Email sent:
Megan Bremer <mcbremer@gmail.com>
Jan 30
to wholf-bruce
Hi Bruce,
Diversified Group excavated today. Can I schedule an inspection?
Thanks,
Megan
Email received:
Bruce Wholf <wholf-bruce@maumee.org>
Jan 30
to megan
Megan,
We are scheduling for February 1st. That day or another day out from there.
Bruce
Email sent:
Megan Bremer <mcbremer@gmail.com>
Jan 30
to Bruce
Ok Thursday or Friday works for me
Thanks
Email received:
Bruce Wholf <wholf-bruce@maumee.org>
Jan 30
to megan
On the schedule for February 1st.
Email sent:
Megan Bremer <mcbremer@gmail.com>
Jan 30
to Bruce
Great, what time?
Tim won’t be able to be there, but I will be.
January 31, 2018 –
Photographs – https://www.flickr.com/photos/timide/shares/mAZt71
Email Received:
Bruce Wholf <wholf-bruce@maumee.org>
Jan 31
to megan
Give us a call Thursday morning around 8:00 at 419-897-7075. Inspectors will have the complete schedule and be able to provide a time.
Email sent:
Megan Bremer <mcbremer@gmail.com>
Jan 31
to Bruce
Great, I’ll call in the morning. Weather looks good, can you let inspectors know if the ground thaws it will be really muddy around the house and they might want other shoes.
Thank-you
321 W. Broadway Maumee, Ohio 