October 2017

October 2, 2017 –

4 Photographs – https://www.flickr.com/photos/timide/shares/1c8eu7

14:59 call from Terry.

October 3, 2017 –

2^nd appointment with Terry with price quote at our home.

October 4, 2017 –

2 Photographs – https://www.flickr.com/photos/timide/shares/eZ7414

11:29 missed a call from Terry.

October 5, 2017 –

21 Photographs – https://www.flickr.com/photos/timide/shares/N0Cv3e

October 6, 2017 –

26 Photographs – https://www.flickr.com/photos/timide/shares/kw2H71

16:45 call from Terry.

October 7, 2017 –

10 Photographs – https://www.flickr.com/photos/timide/shares/XQ775o

October 9,^,2017 –

3 Photographs – https://www.flickr.com/photos/timide/shares/83i996

10:39 call to Terry:

October 11, 2017 –

Email from Terry, contract price and terms:

Contracted with Kevin Oberhouse d.b.a. The Diversified Group / Toledo Basement Repair to replace nearly the entire foundation under our recently purchased 110 year old house located at 321 West Broadway, Maumee, Ohio.

The Deal:

Project: Rebuild approx. 130ft of Foundation wall with footer.

Project Cost: $40,900 – $45,800

Terms of the Deal: 33% Down, 33% Balance on Substantial Completion of Each Phase, change/negotiations allowed prior to contract signing

Specifications of the Deal:

Phase 1) Footer and Foundation

Specifications:

1) Excavate outside foundation of crawl and of left basement wall of home. Support structure of building and proceed to tear out degrading foundation and. bowing brick basement walls in these areas. leave new block wall on front right corner. (approx. 130 lineal ft. in structure. All according to customer approved drawing.

2) Install new footer (none exists at present) and lay cinder block foundation walls for crawl spaces and cinder block with fiber net reinforcement and parge coat new side basement wall. Install new sill plates. For 15 ft basement wall Install 4 inch drain tile (holes up) and three layers of waterproofing as coating walls with waterproofing mastic, 10 mill fiber reinforced tx- 1200 or better heavy vapor proof Barrier and then cover with 70 mill dimple board.

3) Install new sill plate and box.

4) Connect drain tile to existing drain lines and to existing lines to cross over to inside. New crock and sump may be needed.

5) Back fill with 50-90 percent washed #6 stone and cover with vegetation barrier and top with top soil. Areas that will have shrubbery or plants to have less percentage of stone, concrete or barren areas more stone.

6) Clean up all job-related debris.

Pre- Foundation Repair Phase:

Rear addition of home will need wood frame side walls to be pulled in to straighten structure and align to foundation walls; also this will support structure during the jack up and new foundation phase. Below is the procedure contractor is proposing and the approx. cost,

Attach long threaded rods secured to side wall structure of rear addition at intervals along 20 ft sections and use connected ratchet straps spanning the 17 ft width of addition to pull in side walls to back to square as close as possible.

Once side walls are pulled in to as near square as possible temporarily support structure with diagonal brackets on top of existing floor joist until foundation work in this area is completed.

Install joist hangers with screws on every joist in addition to strengthen and stabilize structure after foundation walls are rebuilt.

Exclusions:

Not included any other framing repair to this section or any part of home not listed.

Note:

It may be advisable to consider moisture barrier over crawl space floors if not encapsulation of crawl space areas.

If you decide to go forward I will meet with you again to go over the project and what is expected. I will then sketch a handwritten layout with the work to be completed and edit this estimate to reflect any changes. This document and the project layout sheet make up the project specifications and shall be considered the contract when signed and down payment has been received.

A few points:

Project Cost: $40,900 – $45,800

Terms of the Deal: 33% Down, 33% Balance on Substantial Completion of Each Phase, change/negotiations allowed prior to contract signing

***

This was tough to swallow; however with us doing all of the pre-foundation repair phase we were only looking at $40,900 on the higher end, more than we wanted, but.. We signed, to save the house. To save a home for us on West Broadway, sitting on our porch, watching the deer in our yard.

We paid Diversified Group $14,900 dollars down payment.

***

Specifications of the Deal:

Phase 1) Footer and Foundation

Specifications:

“…leave new block wall on front right corner. (approx.. 130 lineal ft. in structure. All according to customer approved drawing.”

The front of our house, the entire left of center, corner section of block was to be left intact. Our exposure was to remain intact. The profile, look and feel of our home was to have remained intact.

The bicycle aesthetic of our home, that is… how the home looks and feels from a bicycle seat, while riding down Broadway. Our bicycle aesthetic is irreparably changed.

There were several reasons we wanted to save the front wall of our home.

First, it was a piece of ‘the old foundation’ and it would still be there, under the old “Charter” home, our old home… for a while.

Secondly, The front, corner wall would maintain and preserve the line and support of our home before, during and after the actual construction of our new foundation.

Thirdly, because we expressly had it written into the contract and approved via drawing.

Our position is that this contract was not honored when the front wall of our home was removed without our consent or approval, in direct conflict with our written contract.

“…cinder block with fiber net reinforcement and parge coat new side basement wall. “

No fiber net reinforcement ever applied to new side basement wall.

Our position is that this contract was not honored when the new side basement wall was constructed without the fiber net reinforcement, without our consent or approval, in direct conflict with our written contract.

3) Install new sill plate and box. 

Some sections have zero sill plates, some sections have one sill plate, and some sections have two sill plates. None of the sill plates are complete. None of the sill plates are sealed. None of the sill plates are anchored to the structure with approved anchor bolts. None of the sill plates maintain minimum safety standards according to law.

Our position is that this contract was not honored when new sill plates and box were not installed.

“4) Connect drain tile to existing drain lines and to existing lines to cross over to inside. New crock and sump may be needed.”

“…drain tiles not connected to existing drain lines or to existing lines crossing over to inside.”

A crossover was cut through the new footer with a concrete saw, destroying the integrity of the new footer, under the front corner that was contracted to be left undisturbed. A 4-inch pipe is now in the 8-inch gap the footer previously occupied.

We had existing drain lines that were fully operational. At times water would backfill our basement from the pipe, flooding our cellar. We told them that we had drain lines.

Our existing drain lines were severed and left in the dirt of our side yard. We are uncertain what will happen the next time they experience backpressure.

The new crossover has been flooding our crawlspace and basement for weeks. We have repeatedly had to pump out our crawlspace, our basement, and the moat surrounding our home. The old existing drain is buried in the yard.

No crock has been installed.

No sump has been installed.

Our position is that this contract was not honored when drain tile was not connected to existing drain lines or to existing lines to cross over to inside. Leaving our existing drain line buried in our yard. New crock and sump not installed.

Now, onto our last numbered point, number five.

 Our position is that this contract was not honored when backfill used in the job was the shingle and brick littered debris from the excavation.

6) “Clean up all job related debris.”

Our position is that this contract was not honored when our entire yard was destroyed. When a trucks width on either side of our drive way was conscripted to be an annexed driveway, damaging several feet on either side. When our yard as well as the city sidewalks were destroyed by unworkmanlike conduct, disregard, and negligence.

The expected damage involved with putting a new foundation under a 110 year old house is one thing. However, the level and extent of destruction done to our property is overwhelming and astounding.

Pre- Foundation Repair Phase: 

Once side walls are pulled in to as near square as possible temporarily support structure with diagonal brackets on top of existing floor joist until foundation work in this area is completed.

Install joist hangers with screws on every joist in addition to strengthen and stabilize structure after foundation walls are rebuilt.

From the top:

“Rear addition of home will need wood frame side walls to be pulled in to straighten structure and align to foundation walls; also this will support structure during the jack up and new foundation phase. Below is the procedure contractor is proposing and the approx. cost,”

The contractor did not propose these items. The homeowner proposed and completed these items. The homeowner wrote this entire pre-foundation repair phase, step-by-step, point-by-point. That is why and how it appears here.

During an early meeting with Terry we described work we could see was necessary and that we planned on doing to save this house. We outlined everything written in the “Pre-Foundation Repair Phase” as Terry’s basis for his writing the “Pre-Foundation Repair Phase” into this contract.

Terry agreed that the work should be done and if we, the homeowners were not capable or unable to complete the work then Diversified Group would complete it. Terry told us that the difference in the price of the job would be the difference between the stated low end of $40,900 and the stated high end of $45,800, or $4,900 dollars. We assured Terry that we would do the work we had described to him and save the $4,900 dollars.

None of the “Pre-Foundation Repair Phase” was completed by anyone from Diversified Group, except for number four; the long threaded rods. Well come back to the long threaded rods in a minute.

Terry explained that Diversified Group would be there all the way, providing technical support, picking up and helping where needed. In fact Terry phoned a carpenter, man called “JD” who arrived in a DG truck and looked around our property. We described to Terry and JD our plan of supporting and pulling together the back addition.

JD offered little and we never saw him again, we never heard his name mentioned again. No one ever provided any support in any way, shape or form.

The long threaded rods. We purchased the long threaded rods to do the described work and didn’t do it secondary to waiting for the house to be jacked up and moved. Well, before we knew it, with nothing said, Mike and Andrew drilled four holes through the 8 inch 110 year old rough-hewn beam and placed the rods, washers and nuts.

They then began jacking up the house and fractured the 110-year-old hand-hewn beam because it could no longer move with the house, the way it needed to while being jacked up.

Bolting the beam down and then jacking against it is not an accepted technique in any application anywhere other than an attempt to break a 8 in square wooden beam.

Our beam is broken.

So other than the threaded rods the entirety of listed work was completed by homeowner.

“I will meet with you again to go over the project and what is expected.

No such meeting ever occurred.

I will then sketch a handwritten layout with the work to be completed and edit this estimate to reflect any changes.”

No such sketch was ever produced nor was this estimate ever edited in any way.

“This document and the project layout sheet make up the project specifications and shall be considered the contract.”

No ‘Project Layout Sheet” was ever produced. Unwritten in this “contract” is the implicit agreement to follow all applicable Federal, State and Local laws as well as all applicable building codes.

October 16, 2017 –

Photographs –

Text exchange with Terry:

October 17, 2017 –

Email from Terry

11:31 text exchange with Terry.

October 19, 2017 –

Text from Terry.
—— 19/10/2017 ——

Terry Foundation 17:36

Have a safe trip. Well talk sometime tomorrow. I have 11pm and 1:30pm appointments. 1 hour each approx.

Terry

October 20, 2017 –

Text exchange with Terry.

—– 20/10/2017 ——

Me 16:18

We have a whole list needing our attention today. Do you work Saturdays or should we plan to call you Monday to discuss going forward with project?

Terry Foundation 16:24

I know. It’s hard to get caught up when you have been away. Yes call me tomorrow morning and we’ll discuss the project and get together when best for you.

thanks

Terry

Me 17:13

Great, thanks

October 21, 2017 –

Text exchange with Terry.

—— 21/10/2017 ——

Terry Foundation 12:19

Tim and Megan

Just checking in. Would you guys like to meet Monday at 1pm at the house or at your current Residence. 11am would also work for me. Just let me know what is best for you.

Thanks

Terry

Toledo Basement Repair

Me 12:23

Let’s meet Monday at 1pm at 321 W. Broadway

We’re both at work right now

Terry Foundation 12:24

Sounds good. Have a great weekend.

October 23, 2017 –

1 Photograph – https://www.flickr.com/photos/timide/shares/hk0Hc5

October 24, 2017 –

6 Photographs – https://www.flickr.com/photos/timide/shares/1g70cZ

3^rd appointment with Terry, contract signed, deposit check of $14,900 at our home.

October 25, 2017 –

26 Photographs – https://www.flickr.com/photos/timide/shares/36dx00

October 31, 2017 –

4 Photographs – https://www.flickr.com/photos/timide/shares/7op543

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