Coddington Construction Inc

Revdex.com:
Stipulation of Dismissal with PrejudiceCOME NOW Claimants *** ** *** and *** ***, and Respondents Coddington Construction, Incand Ken C***, by and through their undersigned attorneys of record, and stipulate that all claims and counterclaims asserted, or which could have been asserted herein, between them be hereby dismissed with prejudice and withough admission of liability, and with all parties to bear their own cost, including attorney fees
Dated this 11th day of May,
*** *** *** ***
Attorneys for Claimants
*** * *** ***
Attorneys for Respondents
***Please see attached documents***

We have completed a residing and a painting project for the home in question. The siding was installed according to manufacture specifications and in a workman like manor. The home owner requested on several occasions that we add more nails to the siding. The reports that the home
owner paid someone to do does not show defect in the work. It shows some touch up calking and painting that needs to be done. It is common for caulk to cure out and shrink. It is also common for us to do touch up painting. The gutters were re-installed after the fascia boards were replaced and painted. But they wanted us to remove the gutters a third time so we could caulk behind them. They wanted it done on their schedule not mine.
My suggestion is for the home owner to submit the reports in question to go over each item

My first point is proven.  The customer thinks they know more about construction than I do.  They are unwilling to listen to the correct way to do things.  This level of not listening caused more work.The extra nailing request can be confirmed by many people who worked on site.  The assertion that the siding will not last is only their opinion.  There has not been any actual harm to the home.  I will go through the inspections they had done.  The first one by [redacted] [redacted]Gap window frame and trim.  We wet set the window trim to the window in [redacted] sealant.  The gap between the window and trim is anywhere from 3/32 to 5/32.  There is an industry standard of tolerance in exterior trim of 1/8 of an inch.  You will never have a consistent 1/8 of an inch.  There was no visual proof of deficiency.Gap between lap and window trim.  Same situation applies.Gap between window frame and shutter.  Same situation applies.  This is a minor issue and can be change if needed.  Both the window and shutter is made of the same material.  The expansion and contraction would be the same.  The face nailing of the product is to be snug.  Which mean the head of the nail is on the surface of the product.  To sink the nail to where it is flush with the material is not permitted.  If a nail needs to be driven more that is a correctable item.  If it has been over driven the remedy is caulk.  Fasteners that are recessed need to be caulked.  This has been done.  We may have some areas that have been missed.  Random face nailing.  This was requested by home owner on many occasions.  Hammer marks.  This happens in the normal installation of siding.Utility component trim blocking.  Not sure where this is missing.Horizontal Z flashing with slop.  We have costume Z metal made for us that has a slope on it.  Most of the head metal does have a small slope to it.    Not sure of the locations.  We also caulk the ends where the metal is bent to keep any water from leaking.  If this was not doe it is a small repair.  Siding clearance.  We are not able to change the clearance between the bottom edge of the siding and ground level.  Where siding can be flashed to pavement we flash with a special made flashing to lift siding 1 inch off the ground.  Not sure of the location.  No pictures were provided.  Siding clearance to roof.  Customer has a shake roof and at time the shake will extend closer to the siding.  We place a trim board on the roof edge and install siding to the trim board.  We then remove the trim board and the siding is 1 inch from the roof surface.  Roof overhang vents.  Not sure of the area in question.  We did not install any soffit venting.  This was done when the home was built.  Roof overhang exhaust Fan discharged.  We never did any alteration to the exhaust vent.  Roof overhang vent screen paint clogging.  The screen was painted before we did anything to the home.Caulking gaps.  It is normal to have to touch up caulking once caulking has had a chance to cure.  Caulking incompatibility with paint.  There might be areas where the home owner has pulled off the paint from the caulking.  But the [redacted] caulking is compatible with [redacted] Duration paint.  These are standard quality products with a long record of success.Caulking quality.  There is no actual harm only fear of what might happen.  I am sure there are areas that need to be touch up.  Caulking appearance.  Not sure of complaint, no pictures.Paint Quality.  We used [redacted] Duration paint.  It does take up to 30 days for the paint to cure.  Not sure of what the complaint is.  Debris on the roof.Gutter end flashing.  We may have missed this item in a few locations.  This can be corrected.  Gutter end spacing.  This can’t be change unless the gutters are replaced.  This was a pre-existing condition.  The home owner has a gutter helmet type gutter.  Gutter reinstallation missing brackets.  Not sure how many brackets were missing.  Gutter slope.  In some places it needed to be adjusted.It is my belief that the customer is being unreasonable with their request.  It is my goal to have them develop a realistic list of what needs to be repaired.

Complaint: [redacted]I am rejecting this response because:
- we did not ask for the gutters to be re-installed ONLY because there were holes unfilled under the gutters. The gutters were installed incorrectly (out of alignment and missing hangers. We had them evaluated by 2 home inspectors (attached) which found this to be true. We also got estimates for repair from 2 gutter companies, who also found numerous problems with the gutter installation. We have had the problems corrected - AT OUR EXPENSE - only because the house was NOT ready for winter rains (contract attached)
- 2 independent home inspectors, both paid by us, found numerous examples of non-compliance with [redacted] specifications for installation of [redacted] board.
- we NEVER asked for more nails to be applied to the siding. We asked many, many times why they were nailing the face of the shingles as it clearly states that the face of the shingles are never to have nails applied
- we have previously provided both home inspections to Ken C[redacted] who did not respond. We contacted an attorney who advised, and sent, a demand letter for compensation to remediate the problems. No response was received.
- the defects are so numerous that our siding has been compromised by 1/3 of its warrantied life. We are faced with residing the house OR incurring costs near $40,000 to remediate (fixing is impossible) to at least get the 33 years out of our siding.
Sincerely,[redacted]