December 11, 2005
Chronology of events of construction
6551 Walnut Grove, Columbia, MD 21044
Owner: Jeff & Shari Underwood
6/1/05 Sign contract. Jeff emphasizes his concern for skilled labor due to complexity of design. Mark assures Jeff he has plenty of skilled labor, carpenters etc... available when necessary.
6/13/05 Dig porch footer Mark/Mat Collett 10 hours, 2 others 7 hours
6/14/05 {3} First sign of trouble with contractors corner cutting. Shari called Jeff @ 1:29PM to say concrete was being poured. Jeff {earlier that morning} discovered that footer was too shallow and too narrow early AM and requested Mark to deepen and widen to meet county code. Jeff had to leave an appointment in Silver Spring to reach 6551 job site in time to prevent shallow and narrow footer from being filled with concrete before proper excavation. Mark had begun pouring footer without following Jeff's instructions. Jeff discovered only a 4" depth of concrete at NW corner which was to support a large column for corner cantilever support. Jeff was able to have footer depth corrected while he supervised. Unfortunately footer width was only 16" not 20" as required by contract. Concrete truck was waiting Mark insisted on pouring. Jeff protested but Mark persisted - Jeff demanded correction but was ignored.
6/15/05 Excess concrete splashed on existing slab not cleaned {as of 9/6/05}
6/22-23/05 {8} Jeff supervised block labor to ensure proper placement and grade. Mark at other job. No skilled labor present.
6/22-27 {3} Mark's unskilled laborers begin removing siding. Jeff is curious why since new siding will not be installed until early August {actual begin date 8/15/05} and home will be exposed to weather, pest infestation {rodent infestation manifested itself late August, more than 20 mice captured during August/September, no rodent infestation had ever been present in past} unnecessarily for nearly 8 weeks.????? Another sign Mark lacks staging skills necessary to complete tasks in logical order. Mark not following Jeff's construction outline but I let him go as I hired him to lead the job.
6/24/05 {6} Mark states he has no skilled labor to form porch. Jeff forms porch for concrete slab and "octagon" gazebo, Mark says task was is to complex for him or his crew. Cuts to form octagon had to be precise.
6/25/06 It's now been 10 days since construction began still no sign of skilled labor. I requested skilled craftsman to make installations, Mark say he will bring them.
6/25-30 {12} Jeff required to "baby sit" unskilled labor {3 - 16/17 yo "high schoolers," Mat Collett, David Butterfield, Tyler Elliot} during siding tear off and sheathing to ensure proper sheathing installation. Jeff witnesses sloppy work but lets some go uncorrected as it is only sub sheathing. While neatness is a concern it is not paramount and wall integrity will only be compromised slightly. Jeff concerned more about getting house closed in quickly to prevent weather damage.
6/28/05 {10}Jeff poured/finished concrete for porch 5x22 + 8' octagon, , 5x17 dining bump out and 5x12 kit bump out aided by Marks labor. Very hot day Jeff sickened by heat exhaustion due to lack of help. Jeff noticed too late that Mark had NOT installed slab insulation thermal break as required by contract.
6/29-30/05 Mark, Mat Collett 16yo, Tyler Elliot 15yo, frame sheath bump outs
6/30/05 At approximately 7PM, rain fell and ran off roof and into finished areas of home due to Mark's NEGLIGENT premature removal of gutter. Wall sill plates at bump out doorways installed caused rain water to be trapped with the only drainage relief inward toward finished space. Thus allowing water to flood kitchen damaging recently installed cherry cabinetry, flooding inside wall cavity adjacent to family room area destroying carpet, damaging cabinets, drywall and insulation. Second indication of Marks careless work and/or lack of knowledge to realize water would back flow into home if it rained. Owner/Jeff relied on Marks expertise - that's why he was hired. Damage to replace carpet, drywall insulation, cabinetry, $10,000. Jeff clean up {8}
Jeff meets with Mark to discuss his concerns about flood and lack of skilled craftsman, Mark's lack of planning/thought to prevent such an occurrence {flooding, unnecessary/excess damage etc...} Mark promises to do better and hire skilled labor.
Jeff committed to making relationship work with Mark and also realizing that finding a replacement contractor in the midst of a job would be difficult, most likely cause delays and expose home to weather much longer than desired.
During this time Jeff needed to clean site each evening for child safety due to Genesis Groups lack of completion even after repeated requests by Jeff Mark made assurances cleaning would be done at the end of each day {total time to date by Jeff for site clean up 18 hours to date}
7/2/05 {8} Mark said he was not able to properly frame the NW corner {double studs etc...} for proper paralam support. Jeff offered to complete for Marks benefit. Jeff installed 6 - 2x4x8' at corner re-fed all wires and added additional studs @ west side to stiffen wall necessary to carry loads and meet code. {Mark Colett / Genesis Group unable/unwilling to complete}
7/5/05 Jeff watches Mark use a 7-1/4" circular saw to cut small holes {quite sloppily} - instead f using a 1-2" drill bit that would have been more appropriate - to accommodate wiring and/or other projections through sheathing/siding. I cringed when I saw this wanting to tell him a hole saw would be much neater. In hind sight, this was a foreshadowing of his lack of quality which manifested itself later.
7/6-7/05 {12} Mark absent Jeff baby sits unskilled labor.
7/11-12/05 {12} Jeff discovered Mark installing several floor trusses backwards with load bearing blocks not over wall as engineered. When Jeff questioned Mark regarding truss orientation he was "oblivious." He did not know they were asymmetrical or know which end should go where. I called to Chopp to ask about asymmetry and learned one end contained "squash blocks" for load bearing over walls. Truss installation and orientation was confirmed by Pat Cannon of Chopp {floor truss fabricator}.
7/13/05 {8} Still no skilled labor even after repeated requests by Jeff. At this point I was at Genesis's mercy as no contractor would take over and home was totally exposed to weather. Jeff witnessed poor tarping/weatherproofing but unable to convince Geneis to do better job. Genesis waited until last minute of each day and in a "hap hazard" manner "tarped" the dwelling .
7/14/05 {4} Walls framed. Storms coming. Again "hap hazard" tarping. Now, with no ability to create a slope special care should have been taken to create proper drainage. At appx 2:30AM 7/15/05 tarps collapsed with 1000+ gallons of water flooding house. Fire department called to save family and home from collapse. Water pumped off to save structure. Estimated damage, 500sf ceiling drywall, insulation, carpet and walls $10,000} Owner possess 911 CD detailing ordeal.
7/15/05 {10} Mark Set trusses. STILL NO SKILLED LABOR. Mark in charge of setting trusses aided by 2-3 unskilled laborers. Jeff discovered the next day that the trusses were not "plumb" and truss layouts were off. Jeff also discovered that the "bearing points" were missed necessitating the need for additional framing to correct Genesis Group error {not yet complete by Genesis Group at their expense due to their mistake} 1AM Jeff taken to Ho Co emergency room with rapid heart rate, due to the stress of the past 48 hours an Marks incompetence, released 6AM Saturday morning
7/18, It was discovered that the trusses were set in a hap hazard manner, out of plumb and off layout {16" O.C.} as well as 4 inches to far forward causing the bearing heal to be missed on more than ½ the trusses necessitating a post engineering fix. {still uncorrected as of 9/6/05} Jeff discusses with Mark his lack of skilled help which has caused many tasks to be completed substandard. Mark threatens to walk off job knowing that house is exposed to weather and my inability to get replacement help promptly. I gently request that he get skilled labor to help, he refuses saying he is able to complete everything himself with only a crew of 3-4 unskilled {high school age} laborers. I'm at his mercy and want the home "weatherized as soon as possible.
Jeff meets with Mark to discuss his concerns, same as always, lack of skilled craftsman, Jeff's need to be on constant watch for substandard workmanship. Jeff pleads for a skilled crew to ensure no further damage to home. Mark again makes empty promise to bring skilled labor.
7/18/05 {8} Jeff discovers sloppy roof sheathing. Mark makes haphazard and "band aid" fix to sheathing without having to remove and re-set trusses, which would have exposed home to weather for additional days.
7/21/05 Per contract home to be weather tight {date missed}
7/21/05 {6} Mark unable to build Dormers, Jeff explains design for dormers, Mark fails to understand and builds at 6/12 pitch instead of 8/12 per plans. Mark also installs eastern most dormer 1" out of alignment of other 2. Dave Haering discovers alignment problem while re-installing substandard Genesis cornice.
7/22/05 {12} "Jeff demoed" {kitchen, dinning, living, ceilings water damaged by improper tarping
7/23-24/05 {12} Mark not on site laborers "James" and "Gus" re-install of ice shield {@ dormers} improperly installed by Mark {lapped the wrong way} that leaked profusely the previous night. Subsequent rain {after James corrected} did not penetrate. James/Gus roofing shingles.
* it was later discovered by Joe Hines {subcontract roofer} that the rear roof shingles were lapped backwards pre-disposing this area to future leaks. Joe added extra tar to seal leak as best as could be without tearing off 1/3 of roof. Mark did not provide adequate supervision or skilled labor to install roof. Due to Mark's poor framing/sheathing roof life may be compromised 25 year rating most likely reduced to by 50%
7/25/05 {6} Jeff corrected Marks poor framing and unusable east hip-gable transition. Marks lack of advanced carpentry skills prevented him from creating a proper roof transition sufficient to create pleasing lines and proper water flow
7/27/05 {6} Jeff "punches out" Marks poor workmanship, lift low trusses improperly installed by David Butterfield, {16yo highschooler}. Joist hangers were set ¾ to 1 inch too low creating floor depression above and bulge for future ceiling drywall installation. Mark reports his in ability to build east hip roof transition; Jeff inspects and finds unbelievably sloppy work with bad cuts incorrect pitches and all around shoddy workmanship. It is obvious Mark is not an experienced carpenter.
7/28/05 {6} Jeff cut and frame porch roof with Mark on roof. Mono trusses poorly set {large gaps no wood to wood contact causing weak connections} by Mark, he would not correct at Jeff's request.
7/29/05 {8} Mark absent, Mat Collett, {16yo} Tyler Elliot {15yo} pad rear kitchen wall, Mat Collett/Tyler Elliot would have been lost without Jeff's supervision
During July Jeff needed to clean site each evening for child safety due to Genesis Groups lack of completion {total time for July, 27 hours}
8/1/05 {4} Jeff discovered Marks having difficulty with north eastern hip roof transition, Mark installed several small pieces {roof rafters} in several skewed angles {see foto} Jeff instructed a proper correction while Joe Hines roofers work up roof behind. Worked "RUSHED" due to Marks lack of scheduling and skilled labor.
8/1/05 Realizing he {Mark} could not complete roof with the labor he had available he subcontracted to Joe Hines to complete task. Joe Hines first skilled labor present on job site. Shingles complete. Home not weather tight as promised by 7/14/05. Open soffit/fascia, siding still uninstalled.
8/2/05 {3} Jeff installs front living room windows
8/3/05 {6} Jeff misc + PU materials for Mark
8/4/05 {10} Mark framed Gazebo roof, Mark clueless as to how to construct Jeff offered instructions. Mark pushing to work very fast. Gazebo suffers due to unrealistic pace Mark trying to complete. Fascia overhang profile not to plans/specs
8/5/05 {6} Jeff cut and install sub fascia
Mark out of town for the week 8/8 - 8/12
8/9/05 Jeff demoed Gazebo due to Marks substandard construction, Tyler Elliot and David Butterfield assisted at Jeff's expense. Rebuild of Gazebo was done at Jeff's expense no charge to Genesis
8/10/05 Rebuild Gazebo, David Butterfield, Tyler Elliot assist
8/11/05 Jeff continue Gazebo rebuild by "self"
8/12/05 Jeff complete Gazebo frame
8/13/05 Jeff Sheath Gazebo
8/14/05 Jeff facia Gazebo
Total Jeff hours 50 hours to re-build
Skeleton of home has now been exposed to weather for 58 days with only temporary house wrap.
8/15/05 Siding begins. Mark attempts to set up saws on the upwind west side within a few feet of dwelling which is still open to outside via open soffits. Jeff explains that fiber cement siding is a "hazardous" material when silica dust becomes airborne and that manufacturer recommends and knowledgeable siding installers know that all siding preparation is done on the downwind side and at least 50 feet distant from living space. Mark obviously has never installed fiber cent siding.
8/15/05 {6} Jeff, Mark, Tyler Elliot siding west lower side. Jeff fabricates several 6 7/8" gauge blocks to install siding and maintain uniform "reveal/exposure." Jeff reminds Mark to check level of siding every few courses and to check relationships of siding on either side of openings at regular intervals.
8/16/05 Jeff build custom "Ipe" shelf for kit window {extra feature}
8/18/05 {2} Jeff install kitchen casement window
8/19/05 Mark had to remove upper siding above kitchen bumpout, due to his incorrect and premature installation. By not installing all siding from the ground up the beading will not line up in the corners. {again a clear indication of Marks "novice" stature as a siding installer and of a less experienced carpenter}
8/22/05 {4} Jeff install 4 windows at upper bedroom, front brick wall
8/24/05 {8} Mark, Jeff side north gable wall - BEST WALL ON HOME! J
8/25/05 {6} Mark Armando {laborer} siding install, Jeff installed flashing/siding at gutter to siding juncture, Mark unwilling to properly complete.
Jeff discussed with Mark, Armando's lack of skills and that he must get skilled help. He says that he will make all cuts due to Armando's inability to make square cuts. Mark proposed quitting AGAIN! due to his lack of skilled help. He continued with the promise he would make all cuts and perform all skilled tasks only allowing Armando to hold boards when necessary or fetch tools. I also stressed that he must install all PVC celluar trim in accordance with manufacturer specifications {specifically using "KOMA epoxy at all joints}. This was not done and later contraction of trim proved quite unsightly {see foto} as I stated it would when Mark installed - he claimed to know better and that epoxy or glue was unnecessary. I could not convince him of his mistakes. His exterior trim quality is poor.
8/26/05 Mark, Armando {Tyler Elliot back to school, unfortunate he was actually becoming almost a carpenter's helper} side NW corner. Poor quality, 6 7/8" reveal not being maintained, planks not level, cuts rough, but joints wide, missing but joint flashing.
8/27/05 Mark reneges on promise, Armando seen making cuts and attempting skilled tasks resulting in poor workmanship.
8/28/05 {4} Jeff removes and properly completes Mark's poor installation of soffit at NW upper corner above office casement window. I STRESS to mark that he MUST properly cover/protect metal roof to ensure their safety from damage.
8/29/05 {8}* Mark, Armando side west side, Jeff not present to supervise, upon arrival later that day workmanship is obviously third rate. Large gaps at but joints, unsquare cuts, many joints congregated in one location {see foto} overall poor job. Metal roof poorly protected with thin tarp damage unkown at this time tarp still covering. *Jeff later had to remove the top 8 rows of siding and re-align/re-install to manufacturer's specifications.
8/30/05 {6} Mark, Armando siding at front work over unprotected metal roof causing damage to 6 panels plus 1 panel at Gazebo. Mark leaves for several hours, Armando left stranded leaves after lunch, Jeff discovers "Ice Shield" missing at front eave, leaving him to wonder what other latent deficiencies exist. Contract called for "Ice Shield" installed first 6 feet of all gables, soffits and roof perimeter. Where installed only installed to 3 feet. The only way to correct omission is to remove shingles, install ice shield and re-install
9/1/05 Mark, Armando cornice at front work over unprotected metal roof causing damage to 6 panels plus 1 panel at Gazebo. JEFF QUITE UPSET AT MARKS DISREGARD FOR JEFF'S REQUEST FOR ROOF PROTECTION.
9/1/05, Thursday, Jeff requests all deficiencies {see attached list, photographs} to be fixed. Mark demands money or he will not complete work. Jeff requests meeting next week to seek compromise. Mark agrees to attend.
Original Contract $111,750
Cash paid to date $ 75,000
Jeff provided 258 hours of skilled carpentry, value $ 19,350
Jeff paid for materials on builder's behalf $ 8,970.99
Jeff pd Roofer for Genesis {shingles and Metal} Joe Hines $ 4,500
Miscellaneous labor paid by Jeff for owner $ 2,091.50
Total cash and valuable services paid by owner $109,912.49
Value of work to date 9/6/2005 {based on 25% incomplete} $ 83,812.50
Refund due owner for overpayment $ 26,099.99*
* approximately equals estimate of costs to complete below $23,350
Genesis Group / Mark Collett abandoned job site with 25% +/- of job INCOMPLETE
Reimbursement for re-installation of poor/substandard work and damages caused
by poor work causing floods, damaging Drywall, carpet, cabinets necessitating
replacement {see detail below} $60,825.00
Total refund due FROM Genesis Group/Mark Collett TO Jeffrey Underwood, owner $ 84,175.00
Costs below are based on material costs and/or labor @ $75/hr
Contracted work left incomplete Cost to complete
•1. Soffit 16.79% complete $ 4,500
•2. Siding at porch right of door and upper @ same 0% complete $ 750
•3. 5/4 x 6 Frieze board 14.13% complete $ 2,500
•4. 35 windows still to be shimmed per Manuf. Specs $ 1,300
•5. Front porch posts 0% complete $ 3,000
•6. Front porch rail 0% complete $ 2,250
•7. Front porch ceiling 0% complete $ 2,000
•8. Shutters 0% complete $ 600
•9. Dado at all trim 0% complete $ 600
•10. Drip edge 5% complete $ 500
•11. 35 windows vs 42 spec'd installed 83% complete $ 750
•12. 4 doors vs 5 spec'd installed 80% complete $ 300
•13. Install lock sets 4 doors 0% complete $ 400
•14. Second layer 5/8 plywood 0% complete $ 1,200
•15. Paralam/LVL connector 0% complete $ 250
•16. Joist hanger at front door joist $ 50
•17. "TECO" hangers where necessary to pass Ho Co code $ 500
•18. Safety rail at upper door 0% complete $ 300
•19. Kitchen wall demolition 0% complete $ 500
•20. 2x4 Ledger at dinning room mono trusses $ 300
•21. 2 skylites at dinning bump out 0% complete $ 800
Sub Total $23,350
Repairs necessitated by Genesis poor/substandard quality
•22. 2x6 Roof truss re-engineering due to short bearing 0% complete $ 1,250
•23. Tear off shingles, install willfully omitted "Ice Shield"
Re-install shingles {per Joe Hines} $ 4,500
•24. Brace roof trusses per Ho Co code, straighten/plumb all $ 1,000
•25. Pad mono truss @ porch, large gap $ 300
•26. Pad upper north wall to correct improper truss intall $ 1,000
•27. Jack up front wall cantilever that was 2" out of level in 8' code is ¼" in 20' $ 2,000
•28. Jack up rear wall above kitchen 1" out of level in 6' $ 1,000
•29. Damage to metal roof by Mark {cost to replace/repair} $ 3,000
•30. Demo/replace wet cabinets, insulation, drywall, carpet {lv,dn, kit, Kev br} $10,000
Re-wire to new ceiling, re-install fixtures
•31. Install flashing @ upper rear wall at BR bump out $ 200
•32. Install/correct flashing at gazebo/wall juncture $ 500
•33. Demo, correct/install 10 rows siding west end $ 1,000
•34. Repair excessive drywall damage @ up/low fam. Room win/door $ 500
•35. Correct plywood roof above laundry door, low spot will cause leak $ 500
•36. Demo, correct/install soffit at front 2nd floor $ 1,200
•37. Remove/replace 5/4 x 6 @ SE corner $ 275
•38. Demo, install cornice at gable dormers $ 1,500
•39. Re-hang ext. dr @ dinning bmp out, orig install askew, not closing prop $ 500
•40. Demo, correct/install fascia at east/Martin Road soffitt $ 250
•41. Brace all "soft" plywood where bearing span exceeds 16" O.C. $ 500
•42. Replace damaged wiring during Genesis demo $ 1,000
•43. Correct front door wall built askew by Genesis $ 1,000
•44. Nail, re-align, re-install, caulk improper Genesis siding/trim install $ 4,000
•45. Insulate int. conc. slab from exterior $ 2,000
•46. Failure to install 20" footer as "speced" economic.UNCORRECTABLE $ 2,500
•47. Re-install drywall water damaged by flood caused by poor Genesis tarping $ 3,750
•48. Re-install insulation damaged by flood caused by poor Genesis tarping $ 2,425
•49. Rodent remediation $ 1,000
•50. Clean concrete "oversplash" from pours $ 500
•51. Pad foyer/hall wall abutting gar. w/¾ plywood due to short truss bearing $ 1,000
Total cost to install/replace incomplete or incorrect items $60,825
Total "cost" to complete and repair $84,175
9/6/05, Tuesday Mark, Jeff attempt compromise for damages and additional expense by Jeff. No compromise reached, Mark threatens Jeff and refuses to complete work or repair items on "punch list" and leaves.
9/7/05 Jeff demos more Mark damages, drywall at living, dining and hall, damaged from flood, smelling of mold {see photos} 4 hours. X $75/hr = $300 + haul to dump 1 hour + dump charge. Total $425
9/16/05 Jeff sends letter to Mark Collett / Genesis group requesting their return.
9/16/05 Jim Rooney, ASHI 4747 Freestate Inspections, performs detailed inspection CONFIRMS deficiencies, code violations and poor quality work by Genesis Contractors
9/20/05 Kevin Moore, ASHI 102433 performs detailed inspection CONFIRMS deficiencies, code violations and poor quality work by Genesis Contractors
9/22/05 - 1/30/06 Jeff Underwood Owner, Dave Haering, Master Carpenter, Richard Ferguson, Labor, Paul Micheel, Carpenter and Jason Lumus, labor perform 350+ hours of demo, replacement, re-build of previously improperly installed or omitted work by Genesis Group. {appx $26,250 to date}
12/112005 Complaint submitted to DLLR Home Improvement Commission
1-2006 thru 4-2006
Paul Michelle repairs poor Genesis work. Adds joist hangers to bad cuts, jacks unlevel beams, installs missing bearing jack studs for roof girder, repairs walls, trusses, over sheaths floor per specs {not completed by Genesis} and much more...
3-18-2006 Russ Allen AA Home Inspection ASHI 176 MHIC# 7439 performs detailed inspection CONFIRMS deficiencies, code violations and poor quality work by Genesis Contractors
3-1-2006 thru 8-18-2006
Ed Beall, Dave Heyman repair and/or complete 95% of exterior soffit/fascia, porch, other misc. exterior fenestration
9-1-05 thru 7-22-07
Jeff Underwood has personally supervised and/or repaired more than $100,000 in Genesis Group's substandard or incomplete work.
7-22-07
Genesis Group has failed to respond to interrogatories, discovery requests and has made no attempt to correct or complete his work.
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