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17C-246 (2) You need to know that we will be moving on all these issues very quickly in order to stop the water damage to our roof as soon as possible. We do not recommend that you delay. A copy of this letter is being sent to the building inspector and to our lawyer immediately. We look forward to your response. Sincerely, Co-owners - Pan Welland, Andrea Hairston, James Emery 81 North Main St. Florence, Massachusetts, 01062 413-586-2262 4 t However, such repairs can ONLY be done under a new, written and signed contract in which it is stated exactly what is to be done, as listed above, when the work will be completed, and with what materials - none of them are to be substandard materials. The work that is to be done, listed above, includes the work that you promised and did not deliver, the work needed to repair your errors, and the work needed to repair the damage cause by your errors. You do not get to decide unilaterally what work this is. We will follow the advice of the building inspector and the other roofing professionals we have consulted with. This work must be done within two months of receipt of this letter. We have already waited nearly a year for you to repair the wrong you have done and we have called you about it over and over again. We also asked the building inspector to talk to you, which he did. We cannot afford to have our house continue to sustain water damage or other damage due to your unfair practices. If you do not intend to fix our roof within two months of receipt of this letter, then we require a refund of our money,which was paid in good faith, so that we can get the roof properly fixed and made new. We will need that refund within 50 days of receipt of this letter so we can afford to have our roof fixed THIS summer. We are getting an estimate now of how much it will cost to fix all the things that were done wrong and we will send you a copy of that estimate shortly. This amount will be the amount of refund we will require. We demand either the work, done by you under written contract, in a timely fashion, with skilled workers, and good materials, or the refund of the money needed to have somebody else do that same work properly - delivered within 50 days of receipt of this letter. We would like to point out, that since the roof-work you did on our house failed inspection, and since two other roofers have looked at your roof-work and given expert opinions which show you to have been negligent in your work, including taking photographs of the bad roof-work, we have a good case to take to court where we may choose to ask not just for the cost of making our roof sound and new -which is all we wanted in the first place - but also for damages and attorneys fees. Chapter 93A gives you the opportunity to make a good-faith response to this letter within thirty 30 days. Your failure to do so could subject you to triple damages, attorney's fees and costs if we decide to institute legal action. 3 We called you repeatedly about these problems and the leaks they caused and you ignored us all summer and did not get to our roof for months and months. On return, you poured tar, you did not fix the above errors. Your roof failed inspection, as stated by Mr. Hasbrouck, the building inspector. The injury we suffered as a result of your unfair treatment is as follows: our house has sustained water damage. Our roof is unsound. Our chimneys leak. Our house still has rotten wood on it that should have been replaced and thus, if we want to sell, these problems will decrease the worth of our investment. Our new shingles have holes in them. Insulation is getting wet and ruined where shakes were knocked loose. We have wasted a huge amount of time trying to get you to do the right thing and this has caused us a lot of stress as well. In other words, we paid you, in full, $14,500.00, for services improperly performed. We of course, have receipts showing that we paid you this money, and in a perfectly timely fashion. Since our roof was improperly installed,it is going to be expensive to fix - including the purchase of new shingles, according to the roofing professionals we have consulted on this matter. This unfair or deceptive practice is, in our opinion, declared unlawful by Section 2 of Chapter 93A. Unfair and deceptive practices are defined in regulations available from the state house bookstore under Chapter 93A. You can look them up there. The only cure for this dispute is the timely, proper repair of our roof, including the following: new step flashing on porches, at all places where roof meets house, and around both chimneys, replacement of rotten wood on porches and around roof edges, replacement of broken rafter tails, and. wherever rotten wood is found. You must also replace or fix loose or broken-off shakes, put down the 15 pound felt as promised, and replace gutters UNDER shingles, not on top. You must fix the holes you knocked in our roof infrastructure. You must also repair the damages sustained in the year since this roof was installed improperly, causing water leaks. Because of this,there may be more rotten wood to replace. Obviously, new shingles will be required. We will not pay for new shingles, since the new shingles that have been ruined have been ruined through your negligence. That must be your responsibility. However, we will pay a reasonable price for wood to replace the rotten wood that should have been replaced in the first place. But we will NOT pay for you to receive a profit on that wood. 2 2 qb May 3, 2006 James Roberts/Robert's Roofing 30 Edwards Road Westhampton, Massachusetts 01027 Dear Mr. Roberts/Roberts Roofing, Under the provisions of Massachusetts General Laws, Chapter 93A, Section 9, I hereby make a written demand for relief as outlined in that statute. In July of 2005 you came to replace our roof. You did not place step flashing on the porches or around the chimney or at any of the places where roof meets the house, as is standard in roofing practice, and as stipulated in the written agreement you signed which stated that we would get new flashing. You replaced our gutters on the outside of the roof, creating holes in the brand new roof shingles. You left holes in the wooden infrastructure of the roof, created with your nail gun, which you said you would fix and never did. You did not place flashing around our chimney or do any of the standard roofing work up there, filing points, etc., which meant that after rain, we had massive leaking into our attic which made its way down into the lower floors of the house. Your workmen knocked shakes loose on the side of the house, leaving insulation exposed to the weather. They also broke off clapboards which were up against the porch roof and did not replace them, but only poured tar on them. Upon our complaint about these issues, your response was to come and pour tar on our new roof where new step flashing should have been placed - on the porches and on the top around the chimney. You did not ask permission for this and we would not have given it. A bunch of tar does not make a new roof. You claimed you would replace rotten wood, and you wrote this into the contract you gave us, where you stated that you would be charging extra for the replacement of rotten wood. And we discussed this at length with you verbally as well. Yet, you left rotten wood everywhere on our roof; two broken-off rafter tails, utterly rotten wood on the top of the second floor porch, and around the edges of the top roof. You did not put 15 pound felt over the side porch which you stated you would do. 1