The story of a simple home renovation gone horribly awry.

Homeowner's Journal - April 8, 2008

Contract signed with Lior Noy, MyHome Renovation Project Manager.  Page 4 defines scope of work in 10 conditions, including:

Four months later, MyHome Renovation Project Manager claims the phrase "and finalized by plans approved by the Village of Pelham" was not meant to be included.

Owners make first payment (10% of $185,000 total).

Contract includes Owners' offer for $5,000 bonus if work is finished within four months of July 16 start date (November 16, 2008).

July 15, 2008

Village of Pelham approves Owners' Site Plan.

July 16, 2008

2nd MyHome payment (25%, $46,250) "Day project begins."

Permit #1660 to "Add full 2^nd story to 1 Family Res." issued by Pelham Building Inspector (Leonard Russo).

July 17, 2008

Owners vacate premises for six weeks to permit demolition and framing.

Demolition started.

July 25, 2008

Lumber delivered – wrong materials because order based on preliminary drawings, not final plans.

July 29, 2008

Second (correct) load of lumber delivered; framing starts.

July 30, 2008

Meeting at site with Lior Noy, MyHome Renovation Project Manager, Michael Palmentiero, Touch Of Class Home Improvements (MyHome sub-contractor serving as General Contractor), Trevor Spearman, Spearman Architectural Design (architect of record retained by MyHome), and Angelo DeRaffele, Framing 2 Finish (framing sub-contractor), to review construction plans and framing details.  Hand-written notes on 3-page meeting agenda documents decisions reached.

July 31, 2008

Owner inspects framing and discovers interior walls built to height of 9' 4" instead of 7' 4". Other problems:

• stairwell window in center, not right side of wall

• master bedroom closet ceiling not cathedral

August 4, 2008

Major framing complete, including OSB siding on exterior walls and roof.  No Feltex, Tyvek or felt paper. No eyebrow window frame or chimney extension.

"Cosmetic" problems discovered:

• dormer header uneven

• clear plywood not used under portions of porch roof

• exposed nails

• rafters not flush with headers

August 9, 2008

Owner emails Trevor Spearman, Spearman Architectural Design, photographs of interior framing problems with eyebrow window.

Baseboard plumbing started.

August 11, 2008

Framing for chimney extension completed. 

Lior Noy, MyHome Renovation Project Manager, Michael Palmentiero, Touch Of Class Home Improvements, Trevor Spearman, Spearman Architectural Design, and Angelo DeRaffele, Framing 2 Finish, scheduled to meet in the early evening at MyHome's Westchester office (74 South Moger Ave., Mount Kisco) to discuss framing extras and problems.  Owner emails group details re: "open issues as of August 10."

• first floor structural supports

• upper portion of dividing wall between small bedrooms missing

• delay in ordering shingles

• damage to neighbor's sidewalk

• quantity of stone veneer to order

• repair of windows broken during demolition

• overflowing dumpster

According to MyHome's Project Manager, neither Michael Palmentiero nor Trevor Spearman attended the meeting.

August 13, 2008

Owners order and pay for Anderson windows from Home Depot. Order based on specs provided by Michael Palmentiero, Touch of Class Home Improvements.

August 14, 2008

2:45pm – Owner telephones Michael Palmentiero, Touch Of Class Home Improvements, to report inadequate tarp coverage after chimney extension added.

August 15, 2008

Owner emails Michael Palmentiero, Touch Of Class Home Improvements, repeating concern about inadequate tarp on roof and other "open issues as of August 15."

Late PM - Extensive water damage to second floor, first floor and basement due to heavy rains and winds.  [photos]

August 16, 2008

Roofing subcontractor, Thelmo Cabrara, Cabrara Home Improvements, applies plastic layer (Feltex) to main roof, but not to porch roof, dormer or extended front eves.  Adds new tarp; walls exposed, no windows.

Michael Palmentiero, Touch Of Class Home Improvements, emails reply to Owner stating, "Delays will take place from time to time..." and new subcontractors "will show our job the same respect by staying until it is done...."

August 17, 2008

Second floor bathroom ceiling collapses and ceiling tiles cracked due to weight of rain-soaked insulation and sheet rock.  [photos]

August 18, 2008

Felt paper placed on porch roof, dormer and extended front eves.

Some first floor walls bubbling and staining.

August 19, 2008

Owner emails Lior Noy, MyHome Renovation Project Manager, and Michael Palmentiero, Touch Of Class Home Improvements, re: lengthy list of "concerns as of August 19".

"Many of these errors and expenses could have been avoided.... I am increasingly concerned that each remaining phase of the project will encounter further errors that will make this renovation cost-prohibitive."

August 19, 2008

Owner orders and pays $1,716 for chimney stone veneer, as requested by Michael Palmentiero, "So work can continue." Neither Architect (Trevor Spearman) nor Michael Palmentiero specify quantity to order. Stone delivered August 29 but remains in front yard unused until January 7, 2009.

August 20, 2008

Michael Palmentiero, Touch Of Class Home Improvements, emails Owner stating, "The water damage to the first floor will be repaired right after lior [MyHome Renovation Project Manager] gets back this week."

Electricians installing new wires and boxes.

August 20, 2008

Owner emails Lior Noy, MyHome Renovation Project Manager, objecting to his refusal to pay for Grand Canyon shingles recommended by Trevor Spearman, approved by Village and included in the Contract.

"[We] chose to retain MyHome and follow the design/build concept because of your assurances that the general manager, architect and contractor would work closely together to optimize our value.  MyHome's business model presumes that miscommunication and errors in pricing, design or construction are kept to a minimum.  Unfortunately, this has not been the case."

August 20, 2008

Owner emails Pelham Architectural Review Board for informal suggestions re: fixing errors in Trevor Spearman's elevations:  (1) main beam supporting porch 6.5 inches lower than drawn on plans and (2) original chimney intersects new roof 34 inches lower than drawn on plans.  Also seeks ideas on covering exposed brick in middle section of chimney.

August 22, 2008

Upstairs bathroom ceiling gutted.  Electricians correct closet ceiling lights (placed off-center by Trevor Spearman, Spearman Architectural Design).

August 27, 2008

Owner formally requests Angelo DeRaffele, Framing 2 Finish, re-do eyebrow window frame based on template constructed by Owner from Architect's elevation.

August 29, 2008

Rough Electrical Inspection by Westchester Rockland Electrical Inspection Services, Inc. Electrical work performed by Frank Castellano, Castellano Electric, Inc.

September 1, 2008

Labor Day; Owners move back in, occupying first floor.

September 3, 2008

Michael Palmentiero, Touch Of Class Home Improvements, demands and receives 3rd MyHome payment (25%, $46,250 minus $5,000 window credit) for "Completion of rough-ins (doors, windows, electric and plumbing)", even though windows and doors not installed until September 18 – October 18, 2008. 

September 5, 2008

Lior Noy, MyHome Renovation Project Manager, emails Owner list of change orders totaling $16,995.

September 6, 2008

Large amounts of rain enter second floor addition through Feltex-covered roof and window or French door cavities.

September 9, 2008

AM – Severe thunderstorm.  Water accumulates on second floor bedroom floors; wood begins to warp; original rockwool insulation soaked.

Owner emails Michael Palmentiero, Touch Of Class Home Improvements: "Roof is leaking badly. Can we get tarps on ASAP?"

September 9, 2008

Grand Canyon shingles ordered and paid for by Owner.

September 10, 2008

Owner emails Lior Noy, MyHome Renovation Project Manager, asking him to "address the items of concern in my August 19 email that [Michael Palmentiero] did not cover."  Response never received.

September 15, 2008

Shingles delivered.

September 16, 2008

Windows delivered. 

Owner hand delivers to MyHome's Westchester office (74 South Moger Ave., Mt. Kisco) five-page letter rebutting MyHome Renovation's change orders of September 5.

September 18, 2008

Standard windows installed by Angelo DeRaffele, Framing 2 Finish. French doors and eyebrow window not installed because Michael Palmentiero's WindowRama spec. failed to include exterior extension jambs. 

Lack of sheathing in window cavities documented in photographs, but not discovered until December 22, 2009 Engineer's report.

September 18, 2008

Roof shingling begins. Subcontractor:  Telmo Cabrera, Cabrera Home Improvement.

September 19, 2008

Extension jambs for French doors ordered and paid for by Owner.

September 21, 2008

Roof shingles and flashing work completed.

Michael Palmentiero, Touch Of Class Home Improvements, demands and receives 4th MyHome payment per Contract for "House is weather tight (client have [sic] the ability to move in)" even though no sheathing, siding or French doors installed.  Implies work cannot continue until these funds are received.

September 24, 2008

Final insulation installed.  On-site insulation inspection waived by Pelham Building Inspector (Leonard Russo) in lieu of photographs taken by Owner.  (Building Inspector claims on January 8, 2009 he made an on-site insulation inspection.)

September 29, 2008

Owner pays Michael Palmentiero, Touch Of Class Home Improvements, $2,000 for Hardiplank siding "extra" (dormer and gables), even though covered by Contract.

Angelo DeRaffele, Framing 2 Finish, walks off job because of money disputes with Michael Palmentiero.

Sheetrock delivered.

September 30, 2008

$990 invoice received for electrical upgrades to wiring in bathroom plus extra outlet in master bedroom attic space.  Owner pays electrical subcontractor Frank Castellano, Castellano Electric, 50% on October 3, 2008 and requests itemization of bill.  Itemization never received.

October 6, 2008

Owner emails Lior Noy, MyHome Renovation Project Manager, re: delays from Touch Of Class Home Improvements due to lack of funds:

"Lior, could you please email me a brief note clarifying MyHome's position regarding the change orders addressed in my Sept. 16 letter to you?  Michael Palmentiero has again implied work is being delayed because of unsettled extra charges."

October 13, 2008

Brief meeting at site.  Owner gives Michael Palmentiero, Touch Of Class Home Improvements, and Lior Noy, MyHome Renovation Project Manager, punch list of items re: house not being "weather tight".

October 20, 2008

Interior doors purchased and delivered by Owner at Michael Palmentiero's request.

October 22, 2008

Michael Palmentiero, Touch Of Class Home Improvements, begins installing interior doors and door hardware.

Baseboard heaters purchased and delivered by Owner at Michael Palmentiero 's request.

October 23, 2008

Hardiplank siding not yet ordered by Michael Palmentiero. Owner replies to Michael Palmentiero's request for choice of finish.

October 24, 2008

Exterior window trim started by Telmo Cabrera, Cabrera Home Improvement; 95% finished by October 26, 2008.

October 26, 2008

Water leaking through first floor exterior walls into living and dining rooms during heavy rains.  Continues through October 28.

October 27, 2008

Owner calls Yoel Piotraut, MyHome CEO, NY Headquarters (800-730-0148) and leaves message requesting his assistance in addressing water and other major problems.  Call is not returned.

November 5, 2008

Owner emails Lior Noy, MyHome Renovation Project Manager, and Michael Palmentiero, Touch Of Class Home Improvements, re: November 6 meeting; punch list attached.

November 6, 2008

Meeting at site with Owner, Lior Noy (MyHome Renovation Project Manager) and Michael Palmentiero (Touch Of Class Home Improvements) re: scope of work needed to reach "substantial completion" and fifth payment.  Owner presents photos of October 26 water damage.

Owner pays Michael Palmentiero $3,775 for alleged "extras" involving eves, outriggers, fascia redo and cathedral ceilings.

November 7, 2008

Owner emails Lior Noy, MyHome Renovation Project Manager, and Michael Palmentiero, Touch Of Class Home Improvements, summarizing November 6 meeting.  Attaches Budget and updated punch list #2.

November 8, 2008

Baseboard trim installation started by Michael Palmentiero, Touch Of Class Home Improvements.  Owner purchases and delivers interior materials at Michael Palmentiero's request.

November 16, 2008

Ceiling fans installed and other electrical work by Frank Castellano, Castellano Electric.  Electrician ("Paul") states wiring, switches and fans are inadequate.

November 17, 2008

Electric switches and outlet installation continued by Paul's replacement.

Hardiplank siding delivered (date per work order).

November 18, 2008

Owner holds telephone conference with Mayan Metzler, MyHome LLC President, and Lior Noy, MyHome Renovation Project Manager, re: resumption of work.  Both offer full assurances work will be completed on time. 

November 20, 2008

Meeting at site with Owner, Lior Noy (MyHome Renovation Project Manager) and Michael Palmentiero (Touch Of Class Home Improvements) to agree on aggressive timetable for work Touch Of Class "needs to complete by Dec. 1 so interior painting can begin (scheduled for Dec. 1 - 6), and exterior work [subcontractors] need to complete by Dec. 8 so exterior painting can begin (Dec. 8 - 13)." 

November 26, 2008

Email from Owner to Lior Noy, MyHome Renovation Project Manager, documenting November 20, 2008 timetable and reporting delays:

"Unfortunately, work has lagged for the month of November:  5 days with workmen on site vs. 17 days (excluding Sundays) of no work done." 

Owner asks Mayan Metzler, MyHome LLC President, to verify MyHome will compensate Owners for delays beyond promised Dec. 17 deadline at a rate of $200 per day.

December 2, 2008

Hardiplank siding finished; outriggers installed and second floor fascia replaced by Telmo Cabrera, Cabrera Home Improvement.

December 4, 2008

Owner emails Mayan Metzler, MyHome LLC President, re: lack of progress since November 18, 2008 telephone conference and confirmation of penalty payments.

December 6, 2008

Baseboard installation finished by Michael Palmentiero, Touch Of Class Home Improvements; patching of holes in floor started.

December 9, 2008

Conference call with Owner, Mayan Metzler (MyHome LLC President), Lior Noy (MyHome Renovation Project Manager), and Michael Palmentiero (Touch Of Class Home Improvements) re: "lack of credibility" in Michael Palmentiero's promises to perform work on time.  Discussion re: per diem penalty for work after December 17, 2008 "drop dead" date.  Owner receives assurances from Lior Noy and Michael Palmentiero deadline will be met.

December 13, 2008

Owner purchases balcony railings for French doors (Universal Iron Works).  Installed by mfg.

December 15, 2008

Owner emails Lior Noy, MyHome Renovation Project Manager, and Michael Palmentiero, Touch Of Class Home Improvements, attaching updated punch list (version 5).

December 17, 2008

"Drop Dead" date elapses with interior and exterior work far from completed.

December 18, 2008

Stucco subcontractor, Dominick Fanelli, DSF Concrete, Inc., expresses concern over condition of first floor stucco; crew begins setting up scaffolding on South and East sides of house.

December 20, 2008

Owner requests inspection of interior and exterior damage by Lawrence Danner, Professional Engineer with HouseMasters, Inc. (referred by local realtor).

December 22, 2008

Brian Abatte, Professional Engineer with HouseMasters, telephones Owner re: severity of code violations found by Lawrence Danner.

Owner sends follow up email to Brian Abatte providing a quick summary of the project and attaching MyHome's Contract.

December 23, 2008

Owner emails Professional Engineer copies of Architect's framing plans, photographs of rain-soaked walls, and a brief timeline of project events.

December 23, 2008

Owner emails Lior Noy, MyHome Renovation Project Manager, re: informal recommendations of Professional Engineer. Requests MyHome recommend an environmental inspection service to check for mold damage.  Questions use of tar paper over Tyvek as preferred vapor shield.

December 23, 2008

Exterior South and East walls prepped with felt paper and wire mesh.

Owner emails Trevor Spearman, Spearman Architectural Design, requesting two fresh copies of plans.  Same delivered by hand December 24.

December 27, 2009

Owner and Dominick Fanelli, DSF Concrete, (stucco subcontractor) discuss options at site for removing damaged first floor stucco down to windows.  Workers start same.

December 28, 2008

Professional Engineer forwards rough draft of report to Owners.

December 31, 2008

Owners emails Lior Noy, MyHome Renovation Project Manager, re: Professional Engineer's draft report and forwarding NYC "Guidelines on Assessment and Remediation of Fungi in Indoor Environments."  Requests that Michael Palmentiero, Touch Of Class Home Improvements, "NOT be the contractor to perform [remedial] work, given what the professional engineer describes as his ‘complete lack of compliance with standard building practice' exhibited on this project."

January 5, 2009

Owner telephones Leonard Russo, Pelham Building Inspector, asking him to review the site for possible code violations.  Inspector adopts defensive position, claiming he has no responsibility or duty to get involved.

Follow-up email between Owners documenting details of conversation with Pelham Building Inspector. 

January 7, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, attaching final 9 page HouseMaster's Engineer's Report and expressing concern over multiple NYS code violations.  Requests meeting with Mayan Metzler, MyHome LLC President, to discuss issues.

Michael Palmentiero, Touch Of Class Home Improvements, has masons start middle section of chimney in sub-freezing weather.

January 9, 2009

Michael Palmentiero, Touch Of Class Home Improvements, visits site and is shown improper chimney extension framing by Owner.

Owner emails Lior Noy, MyHome Renovation Project Manager, and Mayan Metzler, MyHome LLC President, re: non-conforming chimney extension and concerns for personal safety re: inadequate installation.  Attaches two pages of photographs documenting problems.

Owner emails Lior Noy, MyHome Renovation Project Manager, re: concerns over Michael Palmentiero's masons working with cement in sub-freezing temperatures.

Interior trim staining almost completed.

January 10, 2009

Lior Noy, MyHome Renovation Project Manager, emails reply to Owner stating "If I'm not mistaking [sic] you can not apply any mason work below freezing point temperature by code."

January 10, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, requesting he perform a walk-through of the second floor so subsequent damage due to water and/or exterior construction can be documented.  Also requests Michael Palmentiero, Touch Of Class Home Improvements, not proceed with chimney extension fixes until formal recommendations are prepared by Trevor Spearman (Spearman Architectural Design) and reviewed by independent engineer and/or second architect.

Michael Palmentiero's masons finish middle section of chimney in sub-freezing weather.  Mortar does not match existing first floor section of chimney.

January 11, 2009

Additional snow and ice damage incurred, particularly to Library.

January 12, 2009

Owners contact independent contractor, Interior Restoration, Inc., seeking assistance in evaluating damage to site and discussing possible remedies.  Discussion summarized in email between Owners.

January 12, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, attaching punch List (version 7), as requested.

January 12, 2009

Owners ask local realtor for recommendations re: contacts for legal advice.

January 13, 2009

Masons from Touch Of Class Home Improvements extend scaffolding up to new chimney extension.

Painters perform interior touch-ups.

January 13, 2009

Owner telephones local attorney for consultation re: legal options.  Discussion summarized in email between Homeowners.  His suggested Owners:

• Schedule a meeting with MyHome to solicit their reaction to the Engineer’s report.

• Ask MyHome for a list of their contractors that we can then interview for fixing the problem (assuming we can agree on the scope of work).

• If none of their contractors are acceptable, negotiate with MyHome for them to pay for the contractor of our choice.

• Ask MyHome to prepare a formal proposal of the work to be done, including a time table, and verifying they will pay all costs. 

• Have this written proposal reference the original contract, and then have it reviewed by an attorney.

January 15, 2009

Meeting with Owners, Mayan Metzler (MyHome LLC President) and Lior Noy (MyHome Renovation Project Manager) at MyHome's New York City headquarters (353 West 48 St.) to discuss professional engineer's report.  Owners submit two-page summary of report and supporting photographs.  

Mayan Metzler agrees with report's recommendations and commits to fixing all damages.  States MyHome LLC has already filed an insurance claim against Michael Palmentiero / Touch of Class Home Improvements for damages. Michael Palmentiero removed from project.

January 20, 2009

Mold specialist Robert Violante, RPIH, Geo-Environmental Co., Inc., retained by MyHome Renovation.  Collects spot samples on second floor. Refuses to address conditions on first floor ("out of scope"). Results due in 2-3 weeks.

Lior Noy, MyHome Renovation Project Manager, does walk-through of second floor.

January 21, 2009

Owners email Mayan Metzler, MyHome LLC President, and Lior Noy, MyHome Renovation Project Manager, listing seven "major conclusions" reached at meeting, as well as two "immediate tasks."  First conclusion:

"The costs associated with correcting violations cited in the Engineer's Report will be paid by MyHome on a timely basis to permit rapid completion of the project. MyHome will pursue reimbursement from Michael Palmentiero (dba Touch-of-Class) separately."

Attaches two-page summary of Engineer's Report.

January 22, 2009

Mayan Metzler, MyHome LLC President, emails reply to "Major Conclusions" email stating, "I agree with all your points below."

January 22, 2009

Michael Palmentiero's workmen remove tools but not scaffolding from site.

Owner emails Lior Noy, MyHome Renovation Project Manager, requesting list of contractors to interview so remediation work can get underway.  Also expresses concern that mold specialist's limited sampling may lead to inconclusive results.

January 22, 2009

Owner emails Brian Abate, Professional Engineer, HouseMasters, re: retaining services going forward.  Also seeks advice re: (1) finding an APA certified inspector to evaluate the exposed OSB siding and (2) need for additional work permits for first floor repairs.

Brian Abate emails reply to Owners. 

"Regarding additional permitting, the current open Permit is sufficient. If change orders are proposed, the Building Department must be notified, and the items must meet current Code."

Lior Noy, MyHome Renovation Project Manager, schedules meeting with Owners and Trevor Spearman, Spearman Architectural Design, at site for January 28.

January 28, 2009

Meeting at site with Lior Noy, MyHome Renovation Project Manager, and Trevor Spearman, Spearman Architectural Design, to review sagging and other structural problems.  Lior Noy commits to starting work week of February 2, 2009. 

January 30, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, and Trevor Spearman, Spearman Architectural Design, recapping plans for adding structural supports.  Owner also proposes work-around for chimney extension.

February 2, 2009

Dominick Fanelli, DSF Concrete, (stucco subcontractor) has workers arrive to resume work. Owner notifies subcontractor it is awaiting a scope of work plan from MyHome.  Stucco subcontractor expresses distress over "not being paid a dime."  Subcontractor removes blue tarps from East and South walls, prepares to leave job.

February 2, 2009

Owner telephones Lior Noy, MyHome Renovation Project Manager, to report stucco sub contractor's actions.  Lior Noy, MyHome Renovation Project Manager, states he is getting "push back" from Michael Palmentiero's insurance company, which allegedly claims "Almost any sheetrock purchased today will test positive for mold."  Lior Noy expresses pessimism re: performing full remediation per Engineer's Report.

February 3, 2009

Owner emails Mayan Metzler, MyHome LLC President, seeking clarification re: February 2 comments from Lior Noy, MyHome Renovation Project Manager, implying "the scope of work to correct code violations and other damage to our property may be linked to what  Mr. Palmentiero's underwriter deems necessary."  

February 3, 2009

Dominick Fanelli, DSF Concrete, (stucco subcontractor) removes scaffolding and equipment from site.  East, South and West walls covered with rough second coat.  Seams open between first and second floors. North wall still covered with exposed OSB.

February 4, 2009

Email from Mayan Metzler, MyHome LLC President, to Owner replying to February 3, 2009 email and confirming "We will fix the damage and how it is paid for should not affect the execution."

February 4, 2009

Meeting at site at 6:00 pm with Lior Noy, MyHome Renovation Project Manager, and proposed new General Contractor, ("Frank") to perform structural reinforcement.

February 9, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, re:

• work schedule

• reimbursement for hotel expenses

• hazardous wiring conditions on basement beam to be fixed

• resumption of chimney work

• rubbish at site an on-going eye-sore to neighbors

• need to cover exposed exterior walls

February 10, 2009

Frank's sub-sub contractor, "Hector" begins work jacking up house from basement. 

Owners move into hotel in New Rochelle for four nights.

February 10, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, and Trevor Spearman, Spearman Architectural Design, seeking approval to follow Hector's recommendations to use a metal post in place of cement block pillar.  Includes photos of crumbling cement block supporting main cellar beam.

February 11, 2009

Owner inspects basement and discovers scrap LVL exposed to weather since July, 2008, used to reinforce beams.  Request these be replaced with new LVL. Jacking up work continues.

February 12, 2009

Meeting at site with Lior Noy (MyHome Renovation Project Manager), Trevor Spearman (Spearman Architectural Design), and Hector re: work completed and work pending.   Trevor Spearman requests LVL header placed across opening in first floor per plans (Hector had thought this unnecessary).

Trevor Spearman reiterates need for chimney extension to be rebuilt using pressure treated lumber.

February 12, 2009

Pelham Building Inspector, Leonard Russo, visits late PM to review work in progress.  Signs off on first floor; recommends LVL posts in basement be supported by new concrete footings OR top two cracked cinder blocks on existing column be replaced.

February 13, 2009

One LVL column in basement removed; other resting on pressure treated 2x4; top two cinder blocks appear to have been repaired but not replaced.  Additional 2x6 support under dining room sistered with nails (not bolts) to existing rafter.  Lior Noy, MyHome Renovation Project Manager, leaves message asserting work is complete.

February 14, 2009

MyHome cleaning crew cleans up major debris and dust on first floor.  Owners move back in.

February 16, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, seeking reimbursement of $886.60 in hotel expenses.

February 24, 2009

10:30 AM meeting between Owner and Mayan Metzler, MyHome LLC President, at MyHome NYC office. Mayan Metzler discloses mold tests performed on January 20, 2009 grew positive.  Indicates he is taking personal charge of the project.  Agrees to reimburse Owners for expenses.

February 25, 2009

11:00 AM – Owner returns to site and finds Angelo DeRaffele, Framing 2 Finish, on roof inspecting chimney extension.  Claims to have been sent by Lior Noy.

February 25, 2009

Mayan Metzler, MyHome LLC President, emails Owner one page Scope of Work prepared by Lior Noy, MyHome Renovation Project Manager.

February 26, 2009

Owner emails Mayan Metzler, MyHome LLC President, attaching detailed expense report totaling $11,108 and requesting prompt reimbursement as promised at February 24 meeting.

February 27, 2009

Lior Noy, MyHome Renovation Project Manager, emails Owners and Mayan Metzler, MyHome LLC President, claiming:

"All the conversations held have indicated that any issues with mold will resolve themselves as soon as the envelope is closed / the building sealed." 

February 27, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, a reply requesting "a written report from a qualified physical engineer or environmental specialist verifying that the levels of mold on the second floor do not pose potential health or structural risks."

March 2, 2009

Mayan Metzler, MyHome LLC President, emails Owners stating "I can reimburse you for the hotel expense immediately, but the rest of the expenses were part of payments for the project?" [original punctuation]

March 2, 2009

Owners emails Mayan Metzler, MyHome LLC President, protesting withholding of reimbursement, stating four counter-arguments.

March 2, 2009

1:00 PM – Lior Noy, MyHome Renovation Project Manager, brings two inspectors (Bill McVey and Ernie Sweet) from National Grange Insurers, Michael Palmentiero's underwriter, to examine site.  Remain for approximately two hours.  Claim to retake second floor samples to retest for mold (no new sample holes found). Samples should require two weeks to incubate. (Neither report nor results ever received.)  Inspectors question reliability of January 20, 2009 test performed for MyHome Renovation by Geo-Environmental.

March 3, 2009

Owner emails Mayan Metzler, MyHome LLC President, and Lior Noy, MyHome Renovation Project Manager, re: "Your proposed scope of work plan does not address many of the issues raised by our Professional Engineer."

Owner prepares and forwards its own three page proposed scope of work for MyHome's consideration.

March 4, 2009

Owner emails Mayan Metzler, MyHome LLC President, et al. reporting National Grange inspectors performed their review, received a copy of Owner's Dec. 22 Engineering Report, and expected mold results in 2 weeks.

Also requests MyHome not send former subcontractors (e.g., Angelo DeRaffele, Framing 2 Finish) to the site without advance notice.

March 5, 2009

Lior Noy, MyHome Renovation Project Manager, emails reply to Owners proposing a meeting with Michael Palmentiero, Touch Of Class Home Improvements, to review who will perform what work.

March 5, 2009

Owner emails reply stating it is premature to schedule a meeting about who will perform the work until formal agreement is reached on what work will be performed.  Requests Lior Noy, MyHome Renovation Project Manager, comment on Owners' March 3 scope of work document.

March 9, 2009

Mayan Metzler, MyHome LLC President, emails reply to Owners' third request for $11,108 reimbursement (March 2, 2009).  Proposes "Let's finalize scope of work and reimbursement matters this week."

March 9, 2009

Owners' email reply to Mayan Metzler, MyHome LLC President, expressing frustration over lack of tangible progress during past eight weeks. "I do appreciate your frequent emails, but repeated calls to action are not a substitute for action itself."

March 9, 2009

Mayan Metzler, MyHome LLC President, emails reply proposing a telephone conference late PM with Lior Noy, MyHome Renovation Project Manager, and Michael Palmentiero, Touch Of Class Home Improvements, "to finalize the plan of action."

March 9, 2009

Owner emails reply to Mayan Metzler, MyHome LLC President, agreeing to 5:00 PM conference but stating Michael Palmentiero should not be included as it would only "create an unnecessary large distraction." 

March 9, 2009

Mayan Metzler, MyHome LLC President, emails reply to Owner repeating request to include Michael Palmentiero, Touch Of Class Home Improvements.  "We are criticizing him and his work all along so I think it's only fair that at the very least he will get a chance to hear it."

March 9, 2009

Owner emails reply to Mayan Metzler, MyHome LLC President, stating that criticism of Michael Palmentiero's work and defining steps to correct it "need to be determined by objective professionals in the building trade, specifically professional engineers, environmental specialists, Village and County Inspectors, and insurance representatives." 

Requests telephone conference focus on:

1. points of contention in the revised Scope of Work plan (attached as WorkPlan.doc)

2. reimbursement of out-of-pocket expenses.

March 9, 2009

5:00 pm 5:35 pm - Telephone conference between Mayan Metzler, MyHome LLC President, Lior Noy, MyHome Renovation Project Manager, and Owners re: Scope of Work plan and expense reimbursement.

March 9, 2009

Owner emails Mayan Metzler, MyHome LLC President, and Lior Noy, MyHome Renovation Project Manager, a "Recap" of items agreed to during telephone conference:

1.  New Project Manager from MyHome to meet Owners and review site.

2. Lior Noy, original MyHome Project Manager, to meet at site with sub contractors to prepare written proposal for correcting code violations and finishing house exterior.

3. Lior Noy to address proposed scope of work for interior work and incorporating the results of National Grange's mold analysis.

4. Mayan Metzler, MyHome LLC President, will issue a check for $3,387 for reimbursement of Trevor Spearman's architectural fees and hotel expenses.

Owner objects to not receiving reimbursement for $4,648 in supplies.

Per Lior Noy's request, Owner attaches photographs of inadequate sheathing.

March 10, 2009

Owner emails Mayan Metzler, MyHome LLC President, and Lior Noy, MyHome Renovation Project Manager, requesting clarification on issues raised during March 9, 2009 telephone conference, particularly: the basis of MyHome's complete turnaround from its January 15, 2009 agreements re: selection of contractors to perform remedial work and MyHome shouldering all costs regardless of Michael Palmentiero's underwriter's position.

(January 15 email detailing Owners' and MyHome's agreement enclosed in body of email with key terms highlighted).

March 11, 2009

Owner emails Mayan Metzler, MyHome LLC President, and Lior Noy, MyHome Renovation Project Manager, requesting dates and times when "Action items" will start.  Seeks assurance meeting between MyHome Renovation Project Manager and sub contractors happens by Friday afternoon.

"If they are unable to make this a priority and meet in the next day or two, they obviously won't be disposed to showing up and doing the work."

March 12, 2009

Mayan Metzler, MyHome LLC President, emails reply to Owners and Lior Noy, MyHome Renovation Project Manager, re: Owners' concerns:

"About the first question [basis of MyHome's turnaround from January 15 agreements] it was discussed in our last call, let's keep moving forward …."

Asks Lior Noy, MyHome Renovation Project Manager: "please let me know the reimbursement amount and I will submit [for approval]."

Assures Owners extra care is being taken to finalize a scope of work plan ASAP.

March 12, 2009

5:00 PM – Meeting at site with Lior Noy, MyHome Renovation Project Manager, Owner and Sal Baudone (new MyHome Renovation Project Manager) to review status of job.  Sal Baudone agrees second floor windows and doors need to be removed so openings can be wrapped properly with vapor barrier.

March 13, 2009

Lior Noy, MyHome Renovation Project Manager, emails Owner praising Sal Baudone, soliciting feedback on same and suggesting sealing products be used to avoid removing second floor windows.  Suggests former General Contractor, Michael Palmentiero, Touch Of Class Home Improvements, will be researching sealing products further.

March 13, 2009

Former General Contractor, Michael Palmentiero, Touch Of Class Home Improvements, telephones Owners separately apologizing for setbacks and requesting a meeting to go through the house and reply with a scope of work proposal. 

March 13, 2009

Owner emails reply to Lior Noy, MyHome Renovation Project Manager, giving favorable feedback on Sal Baudone, expressing willingness to review MyHome's sealing products with a Professional Engineer (at MyHome's expense).  

Also reports Former General Contractor’s multiple phone calls and notifies MyHome this is "harassment." Repeats position that "I’ve lost all confidence in Mike’s supervisory and general construction skills… so please do not expect/ask me to work with him."

March 13, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, and Mayan Metzler, MyHome LLC President, re: Michael Palmentiero's telephone call. 

Reemphasizes Owners' position:

"We feel very strongly that a comprehensive scope of work, in writing, will need to be agreed upon before beginning any further work on the house."

March 14, 2009

Owner emails Lior Noy, MyHome Renovation Project Manager, et al., requesting that:

"Any remedy to the existing code violations must itself comply with NY State Building Code." 

Also expresses frustration at failure to receive reimbursement. 

"Repeated evasion of this payment does little to restore our confidence in MyHome." 

Repeats request to receive copy of Geo-Environmental mold report based on January 20, 2009 inspection.

March 14, 2009

Owner emails Mayan Metzler, MyHome LLC President, et al., seeking "A written explanation of MyHome's change in position" and abandonment of its January 15, 2009 agreements.  Specifically challenges MyHome's claim it needs to use the original sub-contractors to remedy problems for free, since any insurance settlement will "be based on the market value of the labor and materials needed to fix the violations."

March 15, 2009

Mayan Metzler, MyHome LLC President, emails reply regarding delays in processing reimbursement check:  "there is no evasion.… I need Yoel [Yoel Piotraut, MyHome CEO] to approve it and he didn't yet.  As soon as he will, we will cut the check."

March 20, 2009

Lior Noy, MyHome Renovation Project Manager, forwards email from Sal Baudone, new MyHome Project Manager, re: work proposals and limits to liability based on pre-existing conditions.

Suggests wrapping second floor windows "from the inside using galvanized flashing and tar caulking." Avoids having to remove windows.

Suggests second floor flooring issue be addressed by "removing several boards and clean[ing] any insulation debris."

First floor stucco:  Asserts "any damage to the timber behind the stucco can be dated very easily…. [I]f there is any pre existing damage that is determined to be dated prior to our arrival onto the job site… [Owners] would be required to incur the costs related to such a repair."

Offers to consult with colleagues at Boswell Engineering to evaluate levels of mold and determine what levels were pre-existing.

March 23, 2009

Owner emails reply to Lior Noy, MyHome Renovation Project Manager, and Mayan Metzler, MyHome LLC President, re: Sal Baudon's comments.  Expresses disappointment that many issues outlined in Owners' March 3, 2009 work proposal remain unaddressed in past 2.5 months.  Lists items that still need comments.

March 24, 2009

Lior Noy, MyHome Renovation Project Manager, emails reply to Owners requesting another day to address all scope questions.

March 24, 2009

Owner emails reply to Lior Noy, MyHome Renovation Project Manager, et al., granting more time but repeating "The reason we really want to finalize a comprehensive plan is so that once construction begins again there should be no more delays."  Also repeats request that Sal Baudon, new MyHome Project Manager, inspect the cellar supports to confirm work corrected per Pelham Building Inspector's instructions.

March 24, 2009

Lior Noy, MyHome Renovation Project Manager, forwards via email MyHome's counter-offer to Owners' scope of work proposal.

Contains first allegations by MyHome to Homeowners’ "extreme demands" and "delays caused by some of your demands."

March 25, 2009

Owners email MyHome additional requests for Geo Environmental's mold report.

March 27, 2009

Owners receive 15 page mold report from MyHome prepared by Geo-Environmental Co. (Robert Violante, RPIH) dated January 30, 2009.  Report based on samples collected January 20, 2009.  States mold found on select areas of sheetrock, insulation and wood framing on second floor's north and northwest walls.  Page four of technical report missing.

March 27, 2009

Emails between Owners and independent contractor Prutting & Co. Custom Builders re: willingness to help evaluate site damage.

March 29, 2009

Owner emails Sal Baudone, new MyHome Project Manager, seeking more details on March 20 proposal to "flash [window] units from the inside" and proposal for sheathing corners of the house.  Also seeks an explanation for his "abrupt departure" from March 12 statement that "The windows need to come out."

March 31, 2009

Owner emails Mayan Metzler, MyHome LLC President, et al, re: reactions to Geo-Environmental's mold report and concerns about health hazards for 15 year old daughter with susceptibility to hay fever.

April 1, 2009

Mayan Metzler, MyHome LLC President, emails owners asking, "Let's get this project started" and proposing work begin with addressing the window wrapping issue.

April 1, 2009

Owner emails reply to Mayan Metzler, MyHome LLC President, proposing four tasks to start immediately: 

• inspection of work on cement pillar propping up first and second floors

• Replacing chimney extension with pressure-treated wood

• removing construction debris

• temporary protection applied to exposed walls and seams

April 1, 2009

Owner emails Mayan Metzler, MyHome LLC President, re: follow up on 5 "lingering issues:" 

• details needed on window-sheathing plan

• former subs not dropping in unannounced

• reimbursement for $3,387

• follow up on National Grange's inspection

• return of stamped plans per Building Inspector's request

April 2, 2009

Meeting at site with Owners and Sal Pote (Prutting & Co.) re: independent assessment of damage.

April 4, 2009

Email from Sal Baudone, new MyHome Project Manager, to Owners re: suggestion to use flashing and sealants to insulate windows.

April 6, 2009

Owner emails Sal Baudone, new MyHome Project Manager, requesting greater detail on proposed method to adequately insulate around windows and French doors.

"We really would prefer you provide detailed technical specifications whose merits can be objectively evaluated (and used for monitoring compliance), as opposed to vague assurances that something is 'overkill' or 'excessive' or will leave the building inspector 'more than satisfied.'  In fact, such vague assurances sound exactly like our previous subcontractors who not only botched the second floor addition, but managed to ruin our existing first floor as well.  I'm sure you can understand our skepticism."

April 10, 2009

Owner emails Sal Baudone, new MyHome Project Manager, re: any timetable for starting on immediate tasks, as requested by Mayan Metzler, MyHome LLC President.

April 15, 2009

Email from Owner to Mayan Metzler, MyHome LLC President and Sal Baudone, new MyHome Project Manager, confirming April 16 as start date for work on four "immediate tasks" listed in April 1 correspondence.

April 17, 2009

Noon - Sal Baudone, new MyHome Project Manager, arrives at site with former General Contractor, Michael Palmentiero (Touch of Class Home Improvement). Michael Palmentiero states he is bringing a crew next week to start "fixing" the windows.  Owner tells Sal Baudone that this was not agreed to since details on how the work is to be done has not been provided. Sal Baudone eventually describes sheathing plan, which Owner states is unacceptable.  Owner informs new MyHome Project Manager, "This just isn't working out" and leaves.

Events documented in April 18 email between Owners.  

April 17, 2009

Email between Owners documenting negative reviews of MyHome LLC found on web.

April 17, 2009

Email from Owner to Morrell Berkowitz, Esq., Gallet Dreyer & Berkey, LLP, re: delivery of retainer and requesting MyHome be given legal notice "that their services are no longer required, and that they should not come to the house."

April 29, 2009

Owners retain Edward Olmsted, CIH, CSP (Olmsted Environmental Services) to perform mold testing on first and second floors.  Final report received May 19.

May 19, 2009

Leonard Russo, Pelham Building Inspector, submits letter documenting his inspection of MyHome's attempts to correct sagging at Premises.  States that the architect of record (Trevor Spearman, Spearman Architectural Design) failed to present the requested detailed drawings and that the main horizontal beam in basement "in fact was not level and that it was appx 3/8th of an inch to a 1/2 in. out of level with the low point being atop the concrete block column."