Ltrs re contractors no longer working on hse

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, . May 9, 2002 Zvi Leibovich Paragon Designers& Builders, Inc. 3550 Fairway Lane Minnetonka, MN 55305 RE: Building project at 1520 Bohns Point Road, Orono, MN it is with great regret that we write you this letter to end our relationship with Paragon. We have spent four months on this project and made some nice progress, however the trust relationship necessary between us has mutually degraded to the point where we cannot continue. We thank you for your work thus far and wish to amicably work through the transition process to repair the problems, certify the condition and bring the house to a point where another builder is able to continue the project. Since mid-January, I have brought to your attention the obviously inferior quality of the materials used and the unacceptable quality of the work completed, only to have you disregard my concerns. You repeatedly dismissed these claims and took no action until April when our concerns forced us to consult several outside building inspectors, consultants and structural engineers whom advised us as to the materiality of our concerns, particularly as it could relate to the structural integrity of the foundation walls. We have been more than understanding and trusted you to correct the problems, however our discussions with you seem to debate the existence of any such problems instead of working to resolve our concerns. Only after we retained outside consultants did you begin to replace wall studs and investigate the garage stonework, both of which were in fact of inferior quality materials and workmanship. Despite numerous requests over the past three months, as of the date of this letter, the materials and workmanship of concern remain unfinished and in inadequate condition to allow the project to move forward. You and I spoke last week on Thursday, May 2°d regarding our intentions to terminate the agreement and agreed to meet one week later to review the house and the repairs, which you agreed verbally and in writing would be fmally be fixed and ready for our inspection on May 8`i'. Upon our inspection today, the work remains unfinished and unsatisfactory to us and according to a structural engineer retained by us, the condition of the foundation wall remains in question as to whether or not we should proceed with the building of this house. Therefore, pursuant to Section 14.2.1 of AIA Document A201-1997 (the "Agreement") between us, we hereby give you notice of our intent to terminate such agreement. As previously agreed, no further work has been authorized other than the completion of the soffit, the restoration of the garage stonework and the supervised tuck pointing of the main house foundation wall. During this unfortunate transition between contractors, I know that you and I will be able to work together in a professional manner and resolve any issues in a fair and reasonable manner. Please contact me at your earliest convenience to coordinate the scheduling of an outside masonry engineer to supervise the tuck-pointing of the interior foundation walls and the other details concerning the termination of our Agreement. Kindest regards, � David& Jodi Dalvey � �r i: i,��%i�.�. ��/��1,•i% - �/r"i!/:,`�i/rr. • .//. �� i�J��`/� ! '�J-_�/ ; i : � ( / /._� r.i