HomeMy WebLinkAbout1976-05-26 Resident Letter, Contractor ErrorsS'. 11.'j'1VAHT Rio PERRY
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MINtiEAPOLIS. MINNESOTA 55404
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336-8011
May 26, 1976
Ms. Ann Alton
Hennepin County Attorney's Office
Government Center
Minneapolis, r inn. 55487
Dear Ms. Alton:
This letter will confirm Our conversation in which I
stated that I wished to sign a criminal complaint against
one William W. Rice, 4324 Har.pshire Avenue North, Minneapolis.
You asked me to write this letter setting forth the
facts giving rise to this complaint of fraudulently obtaining
money by trick or artifice and failure to pay a materialnan,
Mr. Rica was hired by Calco Product as subcontractor
to excavate, pour footings and build a foundation for an 1800
square foot addition to my home.
After the entire foundation was erected, my contractor
discovered that WHAT APPEARED TO HE the bott-nm r'nurse of block
was Its REALITY a layer of plaster agai r^> c dirt. WHAT APPLA.1,i:,u
TO BE footings projecting from under the FALSE block was IN
REALITY a 3" strip of cerren t to make IT APPEAR AS IF it teras a
projecting footing.
This discovery was raue after Mr. Rice had been paid
$3,500 by the contractor, at Mr. Rice's request, while I was
in Colorado.
When Mr. Rice was asked about the false block and false
footing, he told my contractor and myself the following story:
He had misread the plans and h<tci not (lug creep enough. This was
discovered after the foundation walls were built. Ifs: stated tie
did not know what to do at that point# realizing his error. So
he j ackhammered off the p ro jclet i nc, part of the footings , dug t%.,..,o
feet deeper and rather than underp inning the founds:t iota, PIaAS"_"YF ETI
U11 AGAINST THE DIRT A4D PAINTEID `riff: WHOU' INTFRI01.OF "Mir. F0- 17NJA--
rrION SO ONE COUT,D CICS I" rI'Fz.L, THAT I"'- WAS PLASTEPT'D DI R7� RATHER THAN
A LAYEP OF BLOCK, 'I'tz�.r�, to to -pike it APPFr,.a A; IF Th Ft RE WA.'r; A
F'Of)TIINGO HE F"OUE41.tj ac)uut 3" cif cement along theedge of tho
Plastered dirt .
Ms, Ann Alton
May 26, 1976
Page two
The City Inspector and my architect figured that with
three good rainstorms the whole addition would -have COLLAPSED.
Additionally, Mr. Rice did not underpin the existing
house. Rather, he put- up a layer of blocks parallel to it.
The City Inspector called for an IMMEDIATE shoring up of the
existing house so it would not collapse.
I offered to call the matter 'evenif
Mr. Rice would
just tear down what he had built (after the architect refused
to allow him to underpin the foundation because of other
faulty workmanship) . Mr. Rice was reluctant, he stated, be-
cause it would cost him money and time to do so. Ile finally
assented to do this. However, I have not seen him, nor talked
to him, since.
As a result, the contractor hired others to remove the
entire foundation and footing. It was then discovered THAT
MR. RICE HAD NOT PUT RODS IN THE CEMENT FOOTI NGS .
Today, I spoke with Plr. John Hedberg, the materialman
who supplied the blocks and cement to see if the bill for
that had been paid. It has not. Mr. Iledberg stated that he
recently spoke to Mr. Rice who told him something to the
effect that he had to do some corrective work at my house and
that the bill would be taken care of by May 31. It is not
true that Mr. Rice is going to do the corrective work. I
have not spoken with him since early April. The work has
already been corrected.
I am this day sending a notice to lair. Rice, together
with a copy of this latter, pursuant to fiinnk?sota Statute
Section 514.02 and a copy of the statute, raking demand that
the $1,523.00 be paid to Mr. Hedberg, and givin-q notice
pursuant to the statute.
You asked me what evidence is available. We have:
1)
Photo raphs of
the false footing
and false layer
of block.,
showing various
stages during the
tearing out process.
d.? S trit =,rents will bF� i 1 abbe frt. r,
<�)
City Inspector, Al Olson, Orono villa((.
who red- tC�ged the work and ordered it
lit' his hi!-, notes avai1ab- le.
by Sanders PVC-�-.,,.- r -berg and I'd Miickiu, architects
for the �ro�c�c-t who saw t �.� w( -,r -k corplained
of above .
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L
Ms. Ann Alton
May 26, 1976
Page three
Donald Westmoreland who will testify that
there were no construction rods in the
footings.
Kenneth Callahan, the contractor, to whom
admissions were made and who took the photo
graphs emd who paid Mr. Rice, euid who dis
covered the fraud.
Myself, as to conversations and observations,
as outlined above.
f) Mr. Hedberg on the matters set forth above
I look foivard to hearing from your staff relative
to this.
Thank you.
Very truly yours.
Stewart R. Perry
SRP/bk
Enclosure
c.c. Calco Products
1619 Alabama Avenue South
St. Louis Park, Minn. 55416
c.c Ackerberg and Associates
1016 Marquette Avenue
Minneapolis, Minn. 55403
c.c. Al Olson
City Inspector ^
Orono Village Hall
Crystal Bay, Minnesota 55323
c.c. John Hedberg
Hedberg Concrete Co.
3725 West 76th Street
Edina, Minn. 55435
c«c» Willium Rice
4324 Hampshire Avenue North
Minneapolis, Minn. 55428