Meghan@rt-law.com
May 23, 2011
VIA ELECTRONIC MAIL
Mr. Bill O’Donnell, Donegal Homes Co., LLC
c/o Mr. Chris O’Donnell
chrisodonnell@cableone.net
RE: CRE 408 Communication re: 793 Cherryvale Road, Boulder, CO
Dear Mr. O’Donnell:
Thank you for your letter of May 19, 2011, which you sent to me on behalf of BillO’Donnell, in response to my letter dated April 29, 2011, regarding the remodel and additionperformed by Bill at 793 Cherryvale Road, Boulder, CO (the “Property”). Please consider thisletter as a final settlement communication covered by C.R.E. 408. My client has instructed me not to engage in a protracted back and forth with you, however, a few points that you make merit a brief response.
Following receipt of your letter and surprised by its contents, my client met directly with Jeff Dwight in the Boulder County Building Department. Mr. Dwight was unable to locate the email of March 10, 2011, that you reference in your letter; however, he did recall meeting with Bill about the “vapor barrier” issue on the Property and recounted the following to my client with regards to the building code requirements: 1) The existing home originally had exterior vents (as shown by the photos you provided with your letter), which would have been to code had they been left in place and not removed and/or closed up. 2) The new addition could have been vented in one of two ways: a) exterior venting, or b) power venting to re-circulate the air. If neither one of these venting methods was used, then the crawlspace becomes “unvented” per code definition and requires a vapor barrier per Section 408. Thus, had the exterior vents been kept in place, Bill is correct that a vapor barrier would not have been technically required by the building codes. However, the fact is that the exterior vents were covered and closed up by the work performed by Bill, and a vapor barrier was, thus, required by the code.2
Following this conversation with my client and learning some additional facts, Mr.Dwight acknowledged that it appeared that Bill had not been completely truthful and/or had misrepresented the facts in their conversations, and perhaps with others at the building department as well, as Mr. Dwight was not aware that there was no exterior venting or that the county inspectors had missed the issue when they first inspected the crawl space. Mr. Dwight also offered his opinion that it is unfortunate that Bill is not taking responsibility for what he described as an “obvious mistake.” Even though we still have not seen the email of March 10, 2011 from Mr. Dwight and which he could not locate when my client asked for it, Jeff acknowledged that he did not have all of the facts when he talked with Bill and/or possibly emailed him, and that his comments would have likely been different had he known all of the facts.
Chris, I appreciate your client’s stated desire to resolve this matter. However, his offer does not reflect the reality of his liability here and continues to rely on an incomplete and self-serving recitation of the facts. My client incurred real costs, both to her health and well-being and to remedy the Property and bring it up to code and remediate the resulting mold as a result of your client’s failure to properly address the ventilation requirements for the crawl space.
When the true facts are revealed, both the legal basis and strength of her claims against Bill are evident, despite Bill’s apparent continuing beliefs to the contrary. Nonetheless, my client would prefer to settle this matter instead of litigating it, and she is willing to accept payment of $15,000 from Bill to settle all issues related to the crawl space and will provide a release for those claims. Chris, please convey to your client that this is a final, non-negotiable offer, which will expire at the close of business on June 1, 2011. My client has given Bill numerous opportunities to settle this matter short of litigation, and she is prepared to move forward with her claims should Bill not accept this final offer. Please let me know if you are authorized to accept service on his behalf should he reject this offer.
Please feel free to contact me should you wish to discuss this further. Thank you.
Sincerely,
Meghan C. Hungate
Cc: Ms. Robyn Wille (via email)
Mr. Chris O’Donnell
1 I also did not receive this email that you indicate you forwarded. I did receive four pictures, which followed your
letter by separate emails.
2 As I stated in my letter of April 29, 2011, the requirement of a vapor barrier was also specifically called out by both the architectural and engineering plans.
The article gives a brief description, but obviously they can’t write a book. The bottom line in this entire, unfortunate situation is that the building department missed a Building 101 code requirement, BILL O’DONNELL missed a 101 code requirement. Both parties rely on the other to make sure things are done correctly. BOTH missed the requirement—even though BOTH had it in front of them on architectural plans and engineering drawings. And, they’re pointing the finger at one another instead of owning responsibilty. I hired a contractor because I’m NOT a contractor,nor am I familar with all the building codes. I did everything right, except assume O’DONNELL was doing everything right as well.
Several people have made comments about the lack of response from O’DONNELL to the article, and/or was I putting myself in a position of making slanderous statements. Well, O’DONNELL isn’t responding (his “boys” are online) because he knows he’s responsible, the building department won’t back him up, nor will the architect or engineer.
His statement that he did the best he could with my budget and things were finished is a bunch of crap! He bid the job entirely that my plans called for—except the vapor barrier that he “forgot”. Interior finishes were NOT a part of our agreement. I went high end on everything, I took my time purchasing what I wanted, and I hired my own tile/carpet installers, painter, stucco crew, etc… My budget for the construction covered it all, and for the comments made online that O’DONNELL wasn’t paid, so he quit working is BULLSHIT! This guy was paid within 10 minutes of presenting an invoice to me, and there was NO outstanding debt owed to him.
The questions about my statements/sign being slandeous—NOPE—slander is spreading mistruths, and I can back up everything I’m claiming—ODONNELL can not, thus he ahs nothing to say and won’t challenge my sign!
The biggest problem with BILL O’DONNELL is he FAILED to take responsibility for his mistake, and he thought I was going to “go away”, even though I told him several times that wasn’t going to happen. I even offered him a deal to pay for the remediation/install under the new section, which totalled $8500 of the bill, and he countered with $500. He was given numerous opportunities to come look at the problem, and he again, didn’t show up, all of which is documented through the Consumer Affairs Office at the D.A.’s.
The reality of who a person is, their professionalism and reputation presents itself when a problem arises and how they choose to handle it. O’DONNELL chose not to participate in resolving the problem he created, and this alone is reason enough not to hire him. Unfortuantely, every homeowner is at risk of this happening, so beware.
I had some concerns during the construction that I ignored—2 kitchen sinks “disappeared”, I came home and he was giving a roll of insullation I purchased to the sister of one of his workers for her chicken coop, a part to my new shop vac “disappeared as well” rendering it useless. I wasn’t given a breakdown of materials/labor on every bill, which I came to regret for the following reason:
I had BILL O’DONNELL come look at some finish work(shelves; frame for built-in refrig.) several months later, and he scheduled his main carpenter to do the work. This guy was having a really bad week, thus it took him forever to do a small amount of work. I began keeping track of his hours in order to compare the billed hours (had a gut feeling I’d get screwed). OMG—I received a bill for 44 hours, when the ACTUAL slow hours worked were 21!!! This guy had worked on my home during construction, and I realized when this bill was given to me, I’d been probably been grossly overcharged on the hours during the remodel. BILL O’DONNELL got VERY nasty when I questioned the labor/materials and asked for copies of the bills. He charged me for materials not used on my project, and tools that his carpenter billed me for and took with him—while charging me $45/hr for labor!!! BILL O’DONNELL’S response to me when I challenged this was, “You don’t know what a working wage is to live in Boulder!” BILL O’DONNELL saw the work to be done, and when I brought in another carpenter to estimate the time it would have taken him—he said no more than 12-15 hours. Unbelievable—this falling out occured in 11/10, a month prior to me discovering the lack of a vapor barrier in my crawlspace.
So, for several reasons, BILL O’DONNELL/DONEGAL HOMES is NOT the guy/company to hire!!! Not only will he make excuses for himself and his subs, he can’t admit when he’s made a big mistake, and when given the opportunity to correct it, he fails to show up! Anytime someone gets nasty and defensive when asked to back up their charges, it’s a red flag that they’re potentially dishonest and you’re probably going to get screwed!!!!
Meghan C. Hungate
April 28, 2011
VIA REGULAR MAIL AND CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Mr. Bill O’Donnell
Donegal Homes Co., LLC
3973 Nimbus Road
Longmont, CO 80503
RE: Remodel of 793 Cherryvale Road, Boulder, CO
Dear Mr. O’Donnell:
This firm represents Ms. Robyn Wille regarding the remodel and addition done at her home located at 793 Cherryvale Road, Boulder, CO (the “Home”). Please direct all further correspondence regarding this matter to this office. This letter serves as a final and sincere attempt by Ms. Wille to resolve this matter without resorting to litigation.I understand that you have been in communications with Ms. Wille regarding this matter since December, and have also in engaged in a mediation process through the Consumer Protection office of the Boulder County District Attorney. These efforts have thus far been unsuccessful, in large part because you apparently believe you do not bear responsibility for the lack of a vapor barrier being installed in Ms. Wille’s crawl space, and for the resulting moisture and mold problems that have ensued at the Home since the remodel was performed. Furthermore, you have indicated that you are shielded from liability by operation of §§ 13-20-801, et seq., C.R.S. (“CDARA”). For the reasons explained in this letter, your continued denial of responsibility is unsupported by both the facts and the law.
You and Ms. Wille entered into an agreement for the remodel of and an addition to the Home in July of 2009. The work took place over the course of summer of 2009 and continued into 2010. Ms. Wille discovered the moisture and mold problems in the crawl space on December 21, 2010, when a plumber hired by Ms. Wille investigated what she thought might be a leak under the unfinished subfloor. The plumber discovered a serious moisture problem in the crawl space and the lack of a vapor barrier, and widespread mold growth in the crawl space, on floor joists, and subflooring as a result. Subsequently, Ms. Wille contacted you directly about your failure to install a vapor barrier in the crawl space, and you have repeatedly replied that it was not your responsibility. The requirement of a vapor barrier for crawl spaces and exposed earth areas is clear and unambiguous in both the Boulder Building Code and in the International Residential Code, which Boulder has adopted.
See IRC, §§ R408, N1 102.2.9 (2006), as adopted by the Boulder Revised Code, § 10-5-5. In addition, the architect made note in her drawings of the need for a “vapor barrier and crawlspace venting per code and/or the advice of an environmental consultant, by others.” See “Wille Residence” Plans dated May 18, 2009 (“Plans”), p. S-100. The soils reports of Scott Cox & Associates dated August 28, 2009, and March 11, 2009, were provided to you in advance of both your bidding the job and commencement of construction. In each of these reports, the need for a vapor barrier was specifically noted. Indeed, the Scott Cox report of March 11, 2009, was specifically incorporated into the architectural plans, and approved by the County of Boulder.
See Plans, p. S-100. Installation of a vital component of the moisture barrier system for the Home simply does not fall to the HERS rater, or to anyone else but the general contractor, and your efforts to defer responsibility onto others for the installation of the vapor barrier are unfounded at best.
In addition, you have asserted that Ms. Wille failed to comply with the requirements of C.R.S. § 13-20-803.5. The purpose of this section is for claimants and construction professionals to confer with regard to claimed defects prior to the filing of a lawsuit. See, e.g., Land-Wells v. Rain Way Sprinkler and Landscape, LLC, 187 P.3d 1152, 1154 (Colo.App. 2008). The crux of this section is actual notice. Here, it is clear that Ms. Wille contacted you immediately upon discovery of the moisture and mold problems in the crawl space and informed you of the same, and that you were provided multiple opportunities to inspect the problems. You did, in fact, inspect the crawl space on February 18, 2011, and chose not to perform additional inspections on other occasions.
Ms. Wille further provided you the estimates she received from Complete Basement Systems and a 2nd bid (at your request) from AAMREX Environmental Services, along with numerous photos of the ensuing moisture damage and mold. In short, you were provided notice of the defects and given an opportunity to inspect the same prior to any remedial measures being taken. Ms. Wille has fully complied with her obligations under C.R.S. § 13-20-803.5. Moreover, given the exigent nature of the moisture problems created by the lack of a vapor barrier in the crawl space, Ms. Wille’s decision to take corrective actions, after you were given the opportunity and refused to do so, is more than reasonable, especially since the mold was causing her to feel ill and needing to be out of the house for the better part of 3 months.
It is unfortunate that what began as such a collaborative working relationship has deteriorated. However, it is clear that the architectural plans and the engineers reports specific to this project, in addition to the applicable building codes, all call out the need for a vapor barrier in the crawl space. You and your company simply, and negligently, failed to install one.
Demand is hereby made for payment to Ms. Wille in the amount of $21,395.00, which is the cost she has incurred to remedy this failure. If such payment is not received by the close of business on May 20, 2011, I have been authorized to pursue any and all remedies to protect and assert my client’s rights under the law.
Please contact me directly should you wish to discuss this matter. Thank you.
Sincerely,
Meghan C. Hungate
Section R408 • Under-Floor Space
Add new section R408.8.
R408.8 Vapor Retarder on Exposed Earth in Basements and Crawlspaces. Earth beneath
basement and crawlspace slabs and exposed earth in crawlspaces and unfinished grade
level and below grade level areas must be covered by a minimum 6 mil continuous vapor
retarder . The vapor retarder must also be installed between the footing and foundation
wall and extend at least 6 inches under the slab or into the crawlspace. Joints must
overlap at least 6 inches and be sealed or taped together. Edges shall extend at least 6
inches up the stem wall and shall be attached and sealed.
COMPLETE BASEMENT SYSTEMS
12/28/2010
Revised quote: 2/17/11
Revisit 2/18/11
Robyn Wille
Property: 793 Cherryvale Rd.
Boulder, CO 80303
This proposal is compliance with the Boulder County Building Code 408.8 concerning vapor barriers in crawlspaces. In addition to the required vapor barrier that was not installed during construction by Robyn Wille’s contractor, Donegal Homes, mold remediation is now required prior to installing the required vapor barrier, and the cost for this remediation is included as well in this bid.
Small Crawlspace - New Addition Only:
Proposal includes items as discussed during site visit on December 28th, 2011.
Our proposal includes the following for full remediation of mold:
Set up negative air machine to run the entire project and containment $350
Dry out Crawlspace with additional fans 10 day maximum $450
Bio-cide entire crawlspace area, floor joists and sub-floor $185
Scrub and remediate mold from floor boards and sub-floor and treat with Aftershock (anti-microbial sealant) $2,460
Install vapor barrier 20-mil anti-microbial 7 layer fibers with 25 year warranty all the way up the walls that are wicking water $2,535
Install corrected Super Sump pump system, sealed with alarm and extraction $980
Additional extraction and iceguard $145
Install dehumidifier to dry out existing wood and keep air cleaned $1,450
TOTAL COST Small Crawlspace New Addition: $8,555
Existing House Crawlspace:
1. Bio-cide floor joists in crawlspace $285
2. Install Smart pipe or French drain in existing house crawlspace 110’ $1,980
3. Dig out pit only. Robyn will have her pump and liner, set pump and do extraction 12’ above ground, do not burry $380
4. Scrub and remediate mold from floor boards and sub-floor and treat with Aftershock (anti-microbial sealant) $5760
5. Install 2112 sq. ft. of Clean Space vapor barrier, all the way up the walls $4,435
TOTAL COST existing house crawlspace: $12,840
GRAND TOTAL: $21,395
NOTES:
Job Duration – 6-7 days We offer flexible financing (WAC) on all of our jobs, if desired. Enerbank 866-510-4595 Customer ID# 141 – They have 3 months or 6 months, 1 year, same as cash. No interest for 3 or 6, 1 year, then a payment plan after that time has expired.
Homeowner Responsibilities
Homeowner will be responsible for removing and storing any and all obstacles in the affected areas. Terms of this contract require twenty percent, 20%, of contract price due upon signing.
Anything not specifically outlined above will be the responsibility of the homeowner, or their representative. Any alteration or deviation from the above scope of work specifications involving extra costs will be executed only upon written orders signed by homeowner or their representative and a representative of Complete Basement Systems. It will then become an extra charge over and above the estimate.
All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard building practices. If Complete Basement Systems is not paid when required by this contract all guarantees by Complete Basement Systems, Inc. or its sub contractors will be void.
All agreements are contingent upon strikes, accidents or delays beyond our control.
The Homeowner or their representative is required to maintain all necessary insurance on the structure.
Complete Basement Systems has complete discretion of the site safety compliance including weather conditions to complete the job in a safe manner. This includes control of job coordination.
All employees of Complete Basement Systems and its sub contractors are fully covered by Worker’s Compensation Insurance. Copies of our insurance policies and our sub contractors will be provided upon request.
If deposit is paid with a credit card, we reserve the right to run the final balance on the same card when the job is completed, unless we are notified in writing that the balance will be paid by another method at job completion.
Thanks for the opportunity to be of service to you and your interest in Complete Basement Systems. Please have the authorized person sign below if you accept this bid.
Brandy Mahan, Client Consultant,
____________________________
Authorized Signature
These photos show the cleaned wood and the installation of the new vapor barrier, dry foundation walls, etc…
I hired BILL O’DONNEL dba DONEGAL HOMES to remodel a home I purchased in 2009 in Boulder, CO. The work included a complete redo of the existing home as well as a 633 sq ft addtition. Work began in 8/09 and was completed per my plans in 12/09. Unbeknownst to me, my contractor, BILL O’DONNELL didn’t have a full grasp of the Boulder County Building Codes, as he “forgot” to install the required vapor barrier per my approved plans in my crawlspace, costing me $21,395, due to having to remediate the mold issue. (The minimum code requirement at time my permit was issued were exterior vents—he didn’t do this either).
My architectural drawings and my engineer both gave BILL O’DONNELL their drawings/information prior to any bidding of the job. Both of these professionals REQUIRED a “vapor barrier” in the crawlspaces, not venting. However, BILL O’DONNELL completely ignored this information, and Boulder County Building Department’s inspectors completely missed that neither exterior venting or a vapor barrier was installed during their inspections. BILL O’DONNELL has stated numerous times that “this wasn’t part of his bid”. Seriously? It was very much a part of the construction, as he had this information for over a month prior to submitting bids and construction even beginning.
Consequently, without the required vapor barrier, mold began growing immediately in the crawlspace, which I was completely unaware of until I hired a new plumber in 12/10 to complete work I didn’t have money to complete earlier. When my new plumber entered the crawlspace, he was shocked at what he found—extensive mold growing, foundation walls dripping with water, ground water 3 inches beneath the gravel my contractor has installed, etc…At the same time he was in the crawlspace, I was unpacking some boxes in my spare room which still had subflooring down, and I found large areas of wet flooring with mold growing (see photos). My plumber told me in no uncertain terms to call someone immediately as the situation was the worst he’d seen!
I promptly made calls and scheduled inspections with 2 companies, ran to Sunbelt Rentals and rented their largest dehumidifer, and sent an email to BILL O’DONNELL notifying him of the serious problem. He responded by saying he wasn’t responsible, it was the HERS rater’s fault, there’s NO WAY mold could grow within a year (how dumb is this guy?), it was my fault as I didn’t have enough money to complete job (all work per approved plans/drawings was completed), the building inspectors hadn’t said anything, etc…I realized pretty quickly that he had no intention of fixing his serious mistake. I contacted my architect, my engineer, my HERS rater and the building department, and all confimed that their reports/drawings/requirements were not followed by BILL O’DONNELL.
After receiving bids from both companies to remediate the mold and install the required vapor barrier, I once again contacted BILL O’DONNELL with this information and told him he was more than welcome to come do his own inspection with whomever he wanted to bring with him. Once again, he refused to accept responsibility, said there was NO WAY mold could be an issue, and continued blaming me and the Boulder County Building Dept, etc… In an attempt to avoid spending money on an attorney, I filed a complaint with the Boulder County District Attorney’s Office of Consumer Affairs. BILL O’DONNELL continued to deny any responsibility, however he was quick to say he’d been a contractor in Boulder County for over 33 years (but doesn’t know the building codes???!!!).
Due to his ongoing claim that the inspectors hadn’t caught the lack of a vapor barrier per approved plans, BILL O’DONNELL felt he wasn’t at fault, so I scheduled another inspection of the crawlspace, at which time, the inspector was unable to “find” the required vapor barrier. He wrote a correction, which I sent to BILL O’DONNELL to end his ridiculous claim. However, he continued to deny and went so far as to contact Jeff Dwight in the building department to say the HERS rater was responsible, not himself or the building department (trying to get them to “side with him”). I met with Jeff Dwight and got copies of BILL’S email to him, and explained what “really” happened, at which time Jeff said BILL O’DONNELL had not told him the full story, and BILL O’DONNELL should step up and take care of his mistake. FYI—-the building department can’t be held accountable for oversights—it all falls on the contractor’s shoulders, so after jumping thru their hoops to get a building permit, paying your big fees to them to be protected, they can’t be held accountable for failing to protect you.
After 2 months of screwing around with BILL O’DONNELL, I hired Basement Systems to remediate the mold, dehumidify the crawlspace and dry out the foundation walls so they could install their vapor barrier system. BILL O’DONNELL attempted to stop the job by saying he “wasn’t given a chance to inspect and/or do the work himself”. Another lie—he came to inspect on 2/18/11 and yelled at the Basement System representative who was here to discuss the solution with him. Bill was angry I wasn’t here to talk to him, and he yelled “I don’t see any mold”! (See photos) He was made the offer to return with a mold expert, which he attempted to do, as is documented thru the Consumer Affairs office.
It took over a 2 weeks to dry the walls, and I continued attempting to resolve the issue with BILL O’DONNELL without hiring an attorney. The cost to remediate/install barrier was over $21,395, of which I offered BILL O’DONNELL to only pay $8500 in order to help with this unexpected cost and to be done with him. Of course, he refused, has continued denying he’s at fault, even though EVERYONE agreed he didn’t adhere to building codes and is 100% responsible.
I finally gave up trying to mediate and hired an attorney, who sent BILL O’DONNELL a demand letter for the entire amount to correct his mistake (attached). BILL enlisted the help of his retired attorney brother (no cost to him) who lives in NM (not licensed in CO) who continued with the lame excuses as my attorney fees continued going up with no resolution other than suing the pants off him. After a 2nd letter and a ridiculous response from them, I decided that instead of spending more money I didn’t have to sue him, and then spend the rest of my life chasing him down for the money, I wanted to be happy and also make sure no one else makes the mistake of hiring him for ANY kind of contracting work! I believe in natural consequences, so posting warning signs and creating this blog are what I should have done months ago.
I have very serious concerns that due to BILL O’DONNELL’S neglient actions at my house, there may be others who have employed him who may have building code violations that they aren’t even aware of. I hired a professional to come in and thoroughly inspect everything else that BILL O’DONNELL was involved in to make sure there were no other serious issues, as this crawlspace issue and the mold caused me to become ill and stay out of my house for 2.5 month until the crawlspace work was completed.
