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03-025 (2) b t �- ��`��, i y � y /���� \ . sy.•. Y - ' _F r.. .• �4�) tom. • ni• «. 2'.rf V • r �III •� • � r r � iL # u n� s i 4 � r x vo <. >v,aM ` .;�'� are:-,•�;�. � nt G y 41 �rir F flf ' ' Y � w. «\ » �� »��2 ; . < d- <�� -\»d��»���v : �yyyy � ¢ y � wa :y %���: .���v� � ���« f`�i± «��� ��� » �.��������. \������?«�: ����������\ �C---- �-- �. 'a F; s �d b h4 y F 1 f:may v; y,.t �1 qw r"- f �. 41'0111 � r ` g p3 4}; ' s l MA ..wti �1'�, tlt" .. OF Apr { . , \ , � y � a �a � : «® � . y� � � . � d � \\ \ . w . .�\ � . � / « � � � \ � � � � \ . . , . � v� Y - ..r k� a A �a s wftV t. r 't. r, r .a, � ���. f«\ ° 2�<»}\ ����\ �\��ƒ ���t ��\� �>�<? . ���� �g ��\» ��m© : � �� \, ! . � : ? y. . , . . © . a g . \ � � I � © y � « ° va , i I i j �f t yR,, ,� � � a�� You have also failed to meet your contract obligations as they pertain to the front entry flooring,and we seek addressing of this issue. We require that you address each of these issues,to our acceptance,on or before September 30,2005,or we will seek further legal recourse. Respectfully: Mark D.Harrison Shara .Denson Cc: Ms.Joan A.Antonino,Attorney at Law Mr.Anthony Patillo,Building Inspector,Northampton Mr.Peter Macconnell,Esquire Mr.Michael S.Bulman,Attorney at Law Ms. Caroline Smith,Consumer Protection Division,District Attorney's Office,Northampton Office of the Attorney General,Consumer Complaint and Information Section,Boston Enclosures • Improper preparation/application/finishing of plaster,to walls,throughout the home. To include, but not limited to: • Great Room • Dining Room • Closet Hallway • Downstairs Hallway • Study • Study Bath • Upstairs Bedroom • Master Bedroom • Backsplash and bar,in Kitchen,not properly fmished. • Trim,around Garage doors,buckling. November 2003 • Fireplace does not vent correctly, creating excessive soot both inside and outside. • Pilot,on fireplace,does not adjust properly. • Wall finish,next to tub(and surround),in Master Bath. • Grout cracking,and coming apart,in Master Bath. • Kick-board,beneath sink,not affixed. (Kitchen) • Outlet not functional in upstairs bedroom. • Kick-plate,for trash compactor,cracked. • Trim, on half-round window,in Living Room separating. • Whirlpool tub not functional. (Master Bath) • Cracks,in wall,in Great Room. September 2004 • Crack/separation of wood in Great Room floor. • Dishwasher not secured in place. • Power cord, for garbage disposal,not pulled into cabinet beneath sink. • Spider-web cracking around breakfast area windows. • Draft coming through light fixture,in breakfast area. • Cracks near Dining Room entry. • Cracks,in several areas,in Entry. • Painting, in Living Room, incomplete. • Trim,around windows in Study Bath, separating. • Windows, in Garage,not closing/locking properly. • Exterior spigot,near Garage Doors,not working. • Roof leaking,into overhangs, in multiple locations. • Exposed nail in Master Bath. • Vanities/shower not sealed properly,in Master Bath. • Painting,in upstairs bedroom, incomplete. We now are finding water damage in the ceiling below the Master Bath whirlpool tub. The damage appears to be extensive,and points to an on-going,long-term leak. We expect that you will address this issue, as well. At this time, we are aware that we hold no permanent Occupancy Permit,with the City of Northampton. This permit is part of your basic obligation as the contractor of record,for this property. We also have concerns about the issue of the common driveway,which you represented as being approved by the City of Northampton,but seems to not have been the case. July 28,2005 Ron Bercume dba Bercume Builders „ dba Nikki B 25 Sylvia Heights Hadley,MA 01035JS Mr.Ron Bercume: -Is This letter serves as formal notice that we have acquired the services of attorney Joan A.Antonino,of Antonino&DiMare, in order to pursue legal action against you and your company,Nikki B,LLC. For the past two(2)years,we have contacted you directly,and forwarded through your attorney,punch lists of incomplete items,as well as several lists of warranty items,as they pertain to the property at 579 Coles Meadow Road(previously Lot#2). Beginning April 9,2003,we have provided lists of items identified as incomplete,or being of poor/substandard workmanship. Since that time,other lists have been sent(June 2003,November 2003, September 2004),adding warranty related issues,as they appeared. To date,none of the lists have been addressed to completion,and you have apparently ended all communication,as it relates to these issues. The following represents items that still have not been addressed,or have been improperly repaired,at a previous time. They include,but are not limited to: April, 2003 • Cracked plaster above window on left side of fireplace. *This item is now an incomplete repair. • Sink not grouted/sealed between wall and tile(Study bath). • Kick plate,for dishwasher,missing/not installed. • GFI outlet,in Mudroom,for washer. • No keypad,for garage doors. • Deck stairs incomplete/not finished properly or to acceptable level. • Sink not grouted/sealed between wall and tile(2°d Floor bath). • No motor access, for whirlpool tub(Master bath). • Uncovered exterior vent pipe. • Grading not performed to original agreement. June 2003 • Trash compactor not secured in place. • Mirror not installed in Study bath. • Cover not installed in 2°d Floor bath. • Pocket door,for 1/2 bath,not set correctly. Rubs against frame. • Exterior damage to Kitchen window,on deck side. • Screens for Study bath, casement windows,were received damaged. • Wall not finished properly around receptacle in Master bath. • Wall not finished properly around bar in Kitchen. • Large crack over entrance to Kitchen. *This item may require more extensive repair. We are seeking the services of a structural engineer,to determine the extent of the problem. If the problem is determined to be cosmetic, we shall incur the cost of the engineer. However,if the problems are indeed structural, we would expect you to absorb the cost of the engineer. • Entrance walls,to Kitchen,not finished properly. • Register,in Study bath,not set into floor properly. I r. ITEMS BEYOND THE WARRANTY PERIOD Wood floors separate when they are dry. I noticed no unacceptable separations in the floor in fact the floor was buckling from too much humidity. Dishwasher will be secured I do not install garbage disposals in septic systems therefore I will not be responsible for running a cord for one. Spider web cracking around breakfast window I will repair but you paint Trim around windows separating we will fill Windows not locking in garage will be checked Exterior spicked will be chacked I sent the roofer to your house the same day we met and he did not find any problems This roof leaking was most likely from the gutters you installed The one exposed nail in the master bath I will remove Vanities will be caulked to the walls I did not notice any incomplete painting throughout the house and the plastering Is definitely acceptable as is. It is a manually applied product and does not come out perfectly smooth. I have no idea what my contract obligations were pertaining to the entry flooring. This is the first I have heard of it. REGARDING f3UR PERMANENT OCCUP�IO ; in this o"Aio& YOU F 'You certainly must be joking about a$24,000.00 payment to release rrie of all obligations Especially when the actual cost of all repairs won't be more than$1000.00 We will make a reasonable effort to complete the repairs by the end of October providing We can get access when necessary as the subs work lam to 3 pm Monday thru Friday only. YOU DID NOT RECEIVE SUBSTANDARD WORK ON THIS HOUSE. NOBODY RECEIVES SUBSTANDARD FROM THIS COMPANY. I do not appreciate the accusation of doing substandard work,and would like to remind you that you were happy until you had to pay me the$60,000.00 owed I would like a list of dates available to perform the necessary repairs Sincerely Ronald Bercume Cc: Mr Tony Patillo, Building inspector,Northampton Ms.Caroline Smith,consumer protection division, district Attorney's office, Northampton Office of the attorney general, consumer complaint and information section, Boston Nikki-B LLC 25 Sylvia Heights Hadley Ma. 01035 October 10, 2005 Mark Harrison OCT i 2005 Shara Denson 579 Coles Meadow Rd. t Northampton Ma.01060 - Dear Mark& Shara This letter is a follow-up of our site visit on Sept. 20, 2005 and a statement of the facts leading to this disagreement. You closed on this property on April 9, 2003 The house came with a one year warranty. We will attempt to resolve all your defects that occurred within that time period. I believed that all your issues were resolved and your punch was completed to your satisfaction when the warranty expired on your house. The terms of the sale called for me Extending a mortgage of$60,000.00 for you to be able to complete the purchase of this house. The terms were that it would be paid in full within one year. THIS DID NOT HAPPEN. You called me a few months after it was due and I told you that I was not pushing for an immediate payment. Approximately six months later I told you that I wanted to get paid. You made arrangements to obtain the monies and paid me in full. AT that point that is when a punch list started appearing again. Those are the facts as I recall them. Plaster cracks occurring during the warranty period will be repaired Sinks will be grouted There is access for the whirlpool but we can cut a hole thru the closet if you wish Exterior vent pipe will be covered and the garage door trim will be replaced. A mirror will be installed An outlet cover will be installed Pocked doors rub, but we will try to adjust Exterior damage to outside window will be filled as we agreed Screens received damaged or damaged later will be replaced Wall not finished around receptacle will be repaired. Wall around bar in kitchen will be caulked Wall crack in kitchen will be repaired Register in study will be fitted properly Fireplace should be already taken of as I called when I visited your house Grout and loose tile in master bath will be repaired Kick board in kitchen will be adhered I did not supply the trash compactor Trom on half round will be filled The switch on the whirlpool will be replaced and checked for leaks THAT IS THE END OF THE WARRANTY ITEMS