S.C.M. Plumbing, Inc.

849 Almar Avenue,

Suite C, PMB 148

Santa Cruz, CA 95060-5848

Contractor License # 418727

 

Job address: 300 Sequoia Avenue,

Palo Alto, CA 94306-1045

 

May 17, 2005

 

cc: Michele Rae Ardaiz-Paisley and Mylo James Paisley

to: Martin Frank Paisley

 

Dear, Sirs!

First of all, let me show all events… Activity and Results and Diseconomies…

 

August 04, 2004 - Set of drawing was given to you

 

August 24, 2005 – Paper works.

 

Martin sent me Proposal and I agreed with it. Only later I discover how unfair overpriced and tricky Estimate proposed is.

 

Why tricks? In the proposal first sentence, which cover all the following text you made a frank and clear statement: “fixtures & faucets are not included” but in the following text he used tricky formula “less unit, less trenching, less pit, less everything”… I agreed with this Proposal because I never expect any language trick. From the very first moment any of my partner in conversation in 100% does know my existing language problem and never allow themselves any language trick without reading any California Business Law, Codes, etc. which strictly prescribe “customers care” as business standard.

 

Why overpriced? Because at that time you made job to my friend, who referred you to me… His house has almost 50% more sq. feet, but your price proposed to me is 30%.

 

Why unfair? By local business tradition and practice Plumber always supply (He has appropriate account and Supplier always give him good discount) and installs water-heater. And you do so, but in my case you use your wonderful tricky formula – “less unit”

 

2. Since I agreed with you Proposal we made a deal. So, we decided no additional contract necessary. You started without written contract - it means that you never needed it. No problem. So, it is not necessary now, when you did 25% of your job and we approach to the final stage of you mission…

 

3. Our deal has no Payment schedule, and you never raise any questions about money so I understand that you prefer to get paid after you job will be done by 100%.

 

How you fulfill the job?

 

October 13, 2004

 

Your people started to work at basement without any supervision from your company, Said job took not more than 3 hour but several serious mistakes were done:

 

  1. Two traps from two were located wrong (Mechanical Room has no trap installed at all, just pipe is sticking from the floor. Sauna room trap was installed too high).
  2. One toilet unit from one was located wrong (too close to wall, less then 15”)
  3. One sewer under level tank from one was located wrong (too close to wall)

 

 

February, 2005. Plumbing inside the house.

 

Your people start without any supervision from your company. You work very slowly and with many mistakes. I got impression that you people just making improvisation. They were not prepared to they mission.

 

For example, during three weeks you debated and opposed my decision regarding standard and simple 2” hall in the beam. But from the very beginning it was clear that curtain notches and halls are allowed by beam manufacturer

 

Master bathroom. Despite my straight order to place in the right hand side, you spent another 21 to make your final decision where whirlpool tub sewer drain should be located: left, right, by center, by wall, etc. Finally you agree with my point of view and made said hall by the right hand…

 

Laundry room. Washer in-wall water and sewer unit was installed wrong: too low below cabinets height.

 

Entire house Gas line. Was tested 4 times and you spent for that more then two weeks, because they could find cause of pipeline leakages.

 

Living room Fireplace chimney. You broke already inspected stucco “chicken wiring” and never fix it. Never showed even any intention to do so

 

Basement. You made wrong location determination regarding sewer line which should go thru the basement wall. And to fix you mistake I was forced by you to pay extra $500 for basement wall drilling service.

 

Entire house. 

 

1. Your people made not more than 50% pipe metal protection installation.

2. You never tested or even feel water system with water… So, I have real risk to get water leakage all over the house after house will be connected to the City water line

3. You never order any City inspection and never participate in them

4. You never clean my site from you derbies

5. You never provide heat-insulation of any hot water pipe to avoid heat leakage

6. You never install any caps or deflectors upon your pipes on the roof

 

Business style and custom care.

 

1. You never respond within reasonable time neither by cellular phone nor by regular phone and e-mail. You always demonstrate that you provide not service to me but big favor

2. You your responds were never been full and even friendly. No custom care

3. You always keep yourself aloof from my job

4. You workers never use casks, gloves, appropriate unionalls and shoes

5. Some of your workers smoke on my site and inside the house without my permission

6. You workers always made wrong car parking. You big track always blocked street hydrant or neighbor driveway entrance

7. You worker always throw coda cans, food garbage all over the site and never clean site from derbies produced by them

8. You never sent me any as-built documentation. You sent me no “Hidden works act”. So I don’t know where each pipe is installed. But said information must be properly disclosed by you

9. You never provide any sketches, drawings and even calculations on with you base you technical decisions. Such as: pipes diameters, type of heat-insulation, scheme of hot water loop, power of hot water pump, Type and volume of water heater. So I got from you no system information. This way you avoid me from plumber decision making. You probably forgot that this is my house. Not yours. And your decisions must get approval by me

10. You slow job attitude made 42 day of dead time of my other subcontractors… In cost me not less then $500 a day

 

All said above are result of your existing management policy and behavior, combined with low technical and technological culture.

 

That’s why no more any your workers without your supervision (or your proper authorized representative) will be allowed to appear on my house, i.e. your workers on my site without your supervision (or your proper authorized representative) are prohibited.

 

Another 75% of your mission. I believe you will:
 
  1. Make job by you personally or by your workers with you supervision only
  2. Finish your job step by step after I notify you 48 hours before each step necessary and suitable to me as a General contractor on this site and owner-builder
  3. First step – Water and sewer line connection to City sources. Second step – Water Heater installation. Third step – whirl pool, fixtures, faucets, etc installation
 
If within reasonable time, but not later then May 25, 2005 I not get from you any written official and distinct statement with you agreement to follow finishing scenario proposed above, I understand that you prefer to hold yourself aloof 100% and you give me the right:
 
  1. To send copy of this letter to State of California, The Contractors State License Board (CSLB).
    Copy of this letter is here: http://pseudology.org/design/Plumber_claim.htm, i.e. “one click” from delivery to CSLB
  2. To keep you motivated to finish that job by using all necessary legal instruments and tools without any exceptions
  3. To hire another contractor to finish you mission on my site.
4.     To claim from you 50% of job cost which was wrongly paid as an advance to you (check # 883 May 04, 2005). Because I never asked, agreed and need to get % portion of the job done. 100% only
5.     To claim compensation for dead time for me and my subcontractors: 42 day x $500 = $21,000 plus compensation for the nuisance and trespass caused by your way of providing service to me (amount will be calculated with my attorney office)
 
P.S. When I use word “you” I meant not anybody personally, but your company. Nothing personal just business…
 
Sincerely
 
Fatekh Vergasov