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Home My WebLink AboutPermit Building 1996-09-05SPFIllGFIELD o RESIDENTIAI, PERMIT APPI,ICATION CITY OF SPRINGFIELD COMMT'NITY SERVICES DTVISION BUII,DING SAFETY a office: Inspection Line: Page 1 ilob Nurnber: 951030 726 -37 59 726 -37 69 225 North FifEh Street Springfield, OR 97477 Location of Proposed Work: 4045 VIRGINIA ST Assessors Map #: L7023L43 Lot : 1,4 Bl-ock: Tax Lot #: Subdivision: 045 t-5 WYATT 1 SPilNGFIEI-O, Owner: COZY HODIES Address: L275 SOUTH 2ND ST Describe Work: S.F. RESIDENCE Phone #: 747-8704 city/state/zip: SPRTNGFTELD, OR 97477 NEW General: Plumbing: MechanicaL: El-ectrical: ContracEor TOM WIRFS 0032947 L275 S 2nd Springfield OR 974770000 B.M. C. 0103570 648 W Oregon Ave Creswell OR 974260 MARSIIALLS OO2579O 4131 E St Springfield OR 974780000 BILLS ELECTRIC OO2]-351 3170 W lLth Eugene OR 974O2o0OO Conet,. Contractor #Expiree 06 /to / e7 1,2/r-s/e5 t2 /23 / e6 04/28/97 Phone 7 47 -87 04 7 55 -237 5 747 -7445 587-1851 QUAD AREA: 3RSC # OF IINITS: l- CONSTR. TYPE: VN SECONDARY HEAT: HP INSUI, PATH: SGC -- OFFICE USE -- LAND USE: 1111 ZONING CODE: LDR # OF BDRMS: 3 WATER HEATER: E SQ FOOTAGE: 1730 # OF BLDGS: 1 OCCY GROUP: R3 HEAT SOURCE: FE RANGE: E To request an insPecEion, call the 24 hour recording aL 726-3759. A11 inspections requested before 7:00 a.m. will be made Lhe same working day, inspections requested after 7:00 a.m. wil-l be made the following work day. --- REQUTRED TNSPECTTONS --- FOOTING - After trenches are excavated. FOInIDATION - After forms are erected but prior Uo concrete placement. POST AND BEAII - Prior to floor insulation or decking. ITNDERFLOOR PLIrIIBING - Prior to insulation or decking. ITNDERFLOOR MECIIANICAL - Prior to insulation or decking. SATiIITARY SEWER LINE - Prior to filling trench. STORM SEWER tINE - Prior to filling Lrench. WATER IJINE - Prior to filling Erench. INSULATION - Floor,. prior to decking wall/ceiling; Prior to cover ROUGH PLITUBING - Prior to cover. ROUGH I{ECIIAI{ICAL - Prior to cover. ROUGH ELECTRICAL - Prior to cover. ELECTRICAL SERVICE - Must be approved to obLain permanent power. FRA}IING - Prior to cover. INSULATION - Fl-oor; prior to decking wall/ceiling; Prior to cover DRYWALI - Prior to taPing. CITRBCIIr - After forms are erected but prior to placement of concrete. SIDEUIALK - After excavation is complete, forms and sub-base material in place. FINAL PLITMBING - When all plumbing work is complete. FINAL MECIIAIIICAL - When all mechanical work is complete. FINAL ELECTRICAT - When all electrical work is complete. FINAT BUILDING - When all required inspections have been approved and the building is compfetse. SPFI]t.GFIELD Job Number: 951030 a SPilNGFIEI-O, Page 2 Total Height: 18 Lot Type: INTERIOR N Garage 18 Setbk From NPL: 45 Solar Approved: Y Setbacks SW 8 E Item Main Garage Tota1 Value Building Permit Fee Surcharge/edmin TOTAL FEE --- BUII.DING PERMIT --- Square Feet x 1330 400 $/Square Feet, 64.66 1_6 .27 (A) Value 85, 998 . 00 5,508.00 92 ,506 . OO 4L2 . OO 32 .96 444 .96 --- SYSTEIIS DEVELOPI{ENT CIIARGE (SDC) (B)2,302.8d Systems Development, Charge is due on all undeveloped properties within the City limits and the Citys Urban Growth Boundry which are being improved. PLI'MBING PERMIT --- Item ResidenLial Bath(s) Plumbing Permit. Surcharge/admin TOTAL CHARGE 2 Fee 150.00 150.00 L2 .80 L7 2 .80(c) --- MECIIAT{ICAL PERMIT --- Exhaust Hood Vent Fan Wood Stove / tnserE /Fireplace Unit Mechanical- Permit Issuance surcharge/Ramin TOTAL PERMIT 2 4.50 5.00 3.00 (D) r_5 . 00 r_0.00 L.20 26.20 --- MISCELI..A}IEOUS PERMITS --- Surcharge/aamin Si-dewalk Curb Cut WILLAMALANE S/D/C'S PLAN REVIEW FEE TOTAL MISCELLAT{EOUS PERI{ITS 0.00 15.25 t5.25 1, 000 . 00 257.80 (E)L,298.30 (Excluding Electrical) un1esE otherwise noted --- TOT.EL A}IOI'NT DUE --- (A, B, C, D, and E combined)4,245 .Lf SPRINGFIELD Job Number: 951030 a o Page 3 SPilNGFIEI-O, --- BUILDING VALUE, PLAIiI CHECK AND BUILDING PERt'fiT --- Thj-s permit is granted on the express condition that the said construction shal-I, in all respects, conform to the Ordinance adopted by the City of Springfield, including the Development Code, regulating Ehe constructi-on and use of buildings, and may be suspended or revoked ats any time upon violation of any provisions of said ordinances. Received By: P1ans Reviewed By: BOB BARNIART Building Site Reviewed By: LISA HOPPER Date: 08/t5/96 --- ADDITIONAI, COMUENTS --- A&TESTIMATEONLY. REQUIRES SEPERATE ELECTRICAL PERMIT DR]VEWAY REQU]RED TO BE PAVED ]- STREET TREES REQUIRED By signature, I state and agree, that I have carefully examined t,he completed application and do hereby certify that all informaEion hereon is true and correct, and I further certify that any and all work performed shall be done in accordance with the Ordinances of the City of Springfield, and the Laws of the State of oregon pertaining to the work described hereln, and that NO OCCUPANCY will be made of any structure without permission of the Community Services Division, Building Safety. I further certify that only contractors and employees who are in compliance with ORS 701.055 will be used on this project. I further agree Eo ensure thaE all reguired inspections are requested at the proper time, that each address is readable from the street, that Ehe permit card is }ocaEed aE Ehe front of Ehe property, and the approved set of plans will remain on the site at all- times during construction. Lg r /r/r e Signature oat{ / Receipt Number Date Paid Amount Received Received By --- VALIDATION -.' 2ZD <2_7% ./2?4/ ,z?*-q SPFINGFIELD a Page 1 CITY OF SPRINGFIELD SYSTEMS DEVEI.OPMENT C}IARGE (RESIDENTIAL) Name or Company: COZY HOMES LOCATiON: 4045 VIRGINIA ST Developement Tlpe: R Building Size:sq Ft 1. STORM DR,AINAGE Impervious Sq Ft 2. SN{ITARY SEWER - CITY Number Of PFUs (see Page 2) 3. TRL}ISPORTATION Number of Units 1X X 0.2L5 Per Sq Ft = X 44.75 Per PFU = Cost Per Trip 45L.26 x 2544 1B Trip Rate 1.0r-0 x s|ss.77 $s49. s0 $80s. s0 $4ss.77 i3e2.42 $0.00 $382 .42 $2,L93 .20 $r-09.56 Transportation Total 4. SA}IITARY SEWER - MWMC Number Of PFUs 18 5. ADMINISTR,B,TIVE FEES Base Charge (Subtotal Above) x x Per PFU + 20.690 + MWMC Admin Fee 10.00 MWMC CREDIT If Applicable (see Page 2) TOTAL - MhMC SDC SITBTOTAL - (Add Items 1, 2, 3 & 4) x 0.50 TOTAI. SDC Reviewed By: DENNIS ERNST Date: 08/02/95 #2,302.86 Job No.: 951030 Lot Size: SPRIi'GFIELt, Job Number: 961030 a FIXTURE I'NIT CALCUI.ATION TABLE Page 2 SPilNGFIELD, Number of New Fixture Unit Equivalent Fixture UnitsFixture Type Bathtub Drinking Fountain Floor Drain Interceptors For crease/Oi1/Solids/Stc Inteceptors For Sand/Auto Wash/Etc Laundry Tub/Clotheswasher Clotheswasher - 3 Or More Receptor For Refrigerator/Water Station,/Utc Receptor for Commercial Sink/Dishwasher,/Etc Shower, Single St,all Shower, Gang Sink, Bar, Commercial , Residenti-al Ki-tchen Urinal-, Stall/WaI1 Wash Basin/Lavatory, Single Water Closet, Public Installation Water Closet, Private Miscellaneous TOTAL FIXTURE UNITS =18 CREDIT CAICULATION TABLE: Based on assessed value. If improvements occured after annexation date, credits are calculated separately (calculations are by $1000) Year Annexed: L969 Credits For Parcel Or Land Only If Applicable: 0 X 0.00 = 0.00 Improvement (if after annexation date) : 0 X 0.00 = 0.00 CREDIT TOTAL = $0.00 (If land value is multiplied by 1 then the parcel/land credit is not accurate.) 4 0 0 0 0 z 0 0 0 0 0 2 0 0 I 0 2 1 3 6 2 6 l_ 3 2 1 6 4 Z 0 0 0 0 1 0 0 0 0 0 1 0 2 0 2 0 Willamalane Park & Recreation District qr PHoNE:-lf,UC4 srATE: M= ,rr,QH77 Job. No.Qt SYSTEM DEVELOPMENT CHARGE WORKSHEET NAME ADDRESS: LOCATION OF PROPOSED BUILDING SITE: Street Address: PIat Name:Tax Number: (Check appropriate dwelling(s). SDC calculations and dwelling t1 ype definitions are on the back.) A. Singte-Family Detached I\ Single Family home NO. OF UNITS Development rvi Manufactured home not in a park X $1,000 per unit = $\DCD.O B. Single-Family Attached NO. OF UNITS X $924 per unit C. Multi-Family Apartment NO. OF UNITS X $692 per unit D. Manufactured Home Park NO. OF UNITS X $699 per unit WILLAMALANE SDC 2. SDC CREDIT (if applicable) SDC-payer must furnish prool of \Mllamalane Credit approval. See SDC Credit Worksheet. 3. TOTAL WILLAMALANE NET SDC ASSESSED (il SDC reduced for Credit) $ $ $ t .@$ $ $ I City of Springfield ce ment Date a) tr C'TY OF OREGO'V ,.,:':.1,, if)t foquii"e specific u8e SPFlINGFIELO ELECTRI City Jo dfr,uv{L 1:-11--4-U 225 FIFTB STREET spRrNGFrELD, oREGoN 97 417 "" r*'''riilir INSPECTION REQUESTz 726-3769 OFPICE: 726-3759 \gHST,PrroN Iq3DE 3. COMPIJTE FEE SCEXDTILE BELOIT A Nev Residential-Single or Multi-Family per dvelling unit. Service Included: I tems Cos t L000 sq.ft. or less Each additional 500 sq. ft or portion thereof Each Manuf'd Home. or Modular Dvelling Sertice or Feeder $ 8s.00 CAL PERHIT APPLICATION bNunber qb\DO A Sum s 1s.00 E s)Permits are non-transferable and expire if vork is not started vithin 180 days of issuance or if vork is suspended for 180 days. 2. CONTRACTOR INSTALLATION ONLY BILL'S ELECTRIC 3170W11THAVE EUGENE OR 97402 B. Services or Feeders Installation, Alterations or Relocation: C 200 amps or less 201 amps to 400 amps -401 amps to 600 amps _601 arnps tor1000 amps_ Over L000 amps/volts Reconnect 0n1y Temporary Services or Feeders Installation, Alteration or Relocation 200 amPs''or less ''/'20L amps to 400 amps -Over 401 to 600 amps Over 600 amps or 1000-voITs $ 40.00 .00 qa .oo -T-- .00 ee rtBrr aSove s s0.00 s 60.00 s100. 00 s 130. 00 s300.00 $ 40.005#iiiJ!?,53'o' EXP. DATE 4/28195 Expiration Date Signature s EIec tclan6 Ovners Name Address Ci ty Phone ON The installation is being made on property I ovn vhich is not intended for sale, lease or rent. Ovners Siguature: DATE: D. Branch Circuits Nev, Alteration or Extension Per Panel one Circuit S 35.00 Each Additional Circuit or vith Service or Feeder Permit $ 2.O0 E. Miscellaneous (Service/feeder not included) -Each installation Pump or irrigation - Sign/Out1ine Lighting_ Limited Energy/Res Limited Energy/Comm SUBTOTAL OF ABOVE 52 State Surcharge 3Z Administrative Fee TOTAI $ s $ S s s $ $ 40 55 BO 00 00 00 00 40 40 20 36 5 BRECEIVED aa .. cl' i Bullivant I Houser I n"ircyRoNer,pJ. Clem E-mail: ron.clark@bullivant.com Direct Dial: 503-499-4413 A Professional Corporation May 26,2000 Don Moore City of Springfield Building Dept. 225 Fifth Street Springfield,OR 97477 Re:Shank v. Tom Wirfs Enterprises, Professional Warranty Service Corp., Steadfast Insurance and Ztrich Insurance Lane County Circuit Court Case No. 16-99-20083 Re property located at 4045 Virginia Avenue, Springfield, Oregon Dear Mr. Moore: I attempted to reach you by phone regarding this matter. We had been in contact earlier this year at which time I had requested documents. I did not receive any documents from you or the individual inspector of the home. Please notice that we will require your testimony at trial on June 9th at 1:30 p.m. at the Lane County Courthouse in Eugene. Please bring with you your file regarding this matter. We would like to schedule a pretrial meeting with the trial attorney, Ronald Clark, prior to your testimony, and will be in touch with you next week to discuss a time when you would be available to meet with him. We would like to obtain a copy of your file prior to your testimony, and of course we will pay for all charges associated with copying the file. I will be in the office on Wednesday, May 31't, and will attempt to reach you then. Thank you for your assistance. Very truly yours, a, 2t Lisa R. Porter Paralegal LRPjlb cc: Ronald J. Clark Snz/OS a4/- ar ow,<r N s/' /B< hrn /mp< .d._('fu, Vl/il 300 Pioneer Tower, 888 SW Fifth Avenue, Portland, OR 97204-2089 . 503-228-6351 Fax 503-295-0915 Attorneys at Law Seattle Vancouver Portland Sacramento San Francisco lrvine wwwbullivant.com DONALD R SLAYTON ,.\llorn( tt Ltlt Broadv'at Plaza 440 E. Broadv,ay Suite 350 Eugene, OR 9740 I (54 I ) 485-4942 (541 ) 485-7742 Fax March 11, 7999 CERTIFIED I,IAIL - RETURN RECEIPT REQUESTED ISent Concurrently by First CIass tt{aiI] Mr. James Strickland Regist.ered Agent for Cozy Homes, Inc. 675 Oak Street Eugene, OR 97401- CT Corporation Systems Registered Agent for Prof ess j-ona1 Warranty Service Corporation 520 SW Yamhill, Ste. 800 Portland, OR 97204 Mr. Tom Wirfs President of Cozy Homes, Inc. 1275 S. 2nd Springfield, OR 97 477 Mr. Michael P. Miles President of Professional Warranty Service Corporation 4443 Brookfield Corporate Dr Chantilly, VA 20151 Professional Warranty Service Corporation P.O. Box 800 Annandale, VA 22003-0800 RE My Clients: Terry L. and Rhonda Shank Propert.y: 4045 Virginia, Springf ie1d, OR 9'7477 Builders Limited Warranty No.: 0057347 RE-Notification of Deficiencies and Defined Structural Element Fai]ures VA Case Number: 48-48-6-025805 Ladies and Gentlemen: Please be advised I have been retained by t.he Shanks in connection with several construction deficiencies, all of which the Shanks submit are covered under Professional Warranty Service Corporation's Builder's Limited Warranty. For your review, attached hereto is a copy of correspondence Lo Cozy Homes, Inc. dated May 14, 1997, approximately four months after the date Cozy Homes, Inc. and my clients were issued their Certificate of Occupancy by the City of Springfield. For your information, my clients' repeated requests for repairs made by telephone, in person, and in writing, since that time have largely fallen on deaf ears. Many of t.he noted deficiencies have been completely ignored. Accordingly, my clients have prepared at my request. yet another detailed list. of consLruction deficiencies for your review. As you can see, the majority of all deficiencies noted on the initial correspondence stilI remain to be corrected or repaired. More importantly, my clients are surprised that they and Cozy Homes, Inc. obtained a Certificate of Occupancy in the first pIace, given the severity of t.he listed def iciencies. My clients are concerned that not all parties are aware of this distressing situation - specifically, the breadth of deficiencies bearing directly upon the workmanship of each and every trade and subcontractor used by Cozy Homes, Inc., and performed by Cozy Homes, Inc. itself. More importantly, my client.s are amazed by Cozy Homes, Inc.'s complete disregard of their complaints as evidenced by the passage of tj-me since their initial correspondence. Therefore, the purpose of this letter is to request the immediate t.esting and inspection of ALL LISTED DEFICIENCIES NOTED ON BOTH ATTACHMEMIS TO THIS LETTER. My clients submlt that. t.he "reasonable time" for such testing and inspection pursuant to the Builders Limit.ed Warranty has long since passed. Nevertheless, I have convinced my clients to allow each of you: No more than 30 days from the date of this letter t.o complete your t.esting and inspection; and, no more than 45 days from the date of this letter to provide us with your writ.ten findings and proposal for correction - repair, replacement or payment. I have further advised my clients to obtain their own inspection from a licensed, bonded contractor and estimate to repair each and every item listed. Please be advised that if you fail to meet either deadline set fort.h above, I will recommend my client immediately elect their course of actj-on: Arbit.ration which is not required of my clients due to VA involvemenL; Immediate claim with State of Oregon Construction Contractors Board; or, Immediate suit against Cozy Homes, Inc. and Professional Warranty Service Corporation - for breach of contract, breach of express warranty, breach of implied warranties where applicable and breach of warranty for particular purpose where applicabLe. I urge each of you and your respective counsel to give this matter immediate attention. I shall look forward to one or more of you making arrangements directly with me or through my office to schedule your test.ing and inspection visits. Please contact me directly if you have any questions. enclosures cc: Clients ccB /City of Springfieldr' Department of VeLerans' Affairs FHA vVe ( Terry & Rhonde -Shank 4(X5 Yi*1oia Ave. Springfield, OR 97478 la lynsy 1997 541-726-9901 Evaluation of Needed Repairs by Cozy Homes - Tom Wirfs 1. Master Bath - nails oulling from ceiling drywall Caulking of base near floor and toilet Tub enclosure fracturing Paint and Caulking around enclosure Shower door glide broken 2. Master bedroom - Repair Drywall over door to bath and angle comer near entry door, (line in angle is not plumb with corner). Entrance door - chipped up on hinge side where peice is broken. 3. Bedroom # 2 - Woodwork needs refinished. 4. Bedroom # 3 - Trim and woodwork needs finished. Carpet still has stains from original construclion work. 5. Hallway - Woodwork needs refinished. 6. HallBathroom - Woodwork needs refinished, door jams and cabinet work. 7. Dining Room - Trim and woodwork needs refinished. Carpet lifting from under sliding glass door. 8. Kitchen - Drywall nails pulling from ceiling. Paint chiped on comer from delivery of refrigerator. Cabinets need refinished. Caulking around sink and behind sink needs redone. 9. Hallway to living room - ok 10. Living Room - Woodwork needs refinised due to repair of entry door and closet. Nails pulling from drywall on ceiling in cathedral area and joints are cracking where ceiting meets wall on west side of same area. North west comer where water damage was evident during construction paint is stained and comer is cracking. Nails pulling in front of closet from ceiling and has pushed mud out revealing nail head. Floor - floor is not level. Floor is out by 1 1/2 inches from comer to comer. 11. Garage - General - Woodwork throughout needs re-varnished. Materials have dried and flatened out, and appear white as if the woodwas not cleaned prior to applying finish. Carpets basically have been cleaned in the large areas but stains from construction still remain in bedroom #3. Seams arevery noticable. The carpet in the dining room at the base of the sliding glass door is bound at the entrance and should have been tucked under the door frame laying over the tack strip. \ an as new condition sinc€ repairs causl .tore blemishes It was discovered the floors in the Livingroom are not level and are out as much as 1 1/2 inches frorn comer to corner, with the north east comer being the worst. INSPECT INSUI-ATION INSTALLATION TO ENSURE FULL COVERAGE lN ENTIRE STRUCTURE. Garage was to be completely insulated as per contract. Exterior 1. lnspect and renail sicling where needed. Found on both sides of the home were at least two peices of siding not completty nailed to framing The eves were not inspecded but suspect there is a problem their also. 2. Trim is broken and caulking is separating from joints 3. Re-paint bocly ancl trim as needed 4. Clean window surfaces when Painting completed 5. Evaluate cracks in sidewalk near entry and repair as needed. 6. Gutter above side entrance to Garage leaks when raining. 7. Once painting of body and trim complete, allflatwork and brick needs cleaned from first and new applications. Plumbing: When water is running it can be heard where the preasure is causing creeking in pipes behind wall in master bedroom. Cause I suspect is related to how these pipes were secured in the mounting from the hot waster delivery system. The clrain for the wasing machine was not placecl in the reciever with the hot and cold valves. Hall bathroom still remains as a trouble spot for toilet cloging. Suspect clrain clogged with construction remanents. Note: Even though it was charged, the original paint for the door was never purchasect. Only two colors were use{ in this home and shoulcl be charged as such. Further inspec{ion by Tom Wirfs should be made ancl it investigated as to tfie extent subcontracting has cost on the basis of inefficient work that has hampered the quality of this homes construction. ln effect, the wanenty on tnis home should be extended in support of the purchaser because of construction shortfalls related to the competance of sub-contractors associated with the construc{ion of this home. lt is evictent the tradesmen used will and have caused future claims to the wanenty provicled in the contract for this home. Copies of this home evaluation will be fonrardecl to the vA, Gity of springfield and the oregon state contracdors boad. Also it shoulcl be noted that shortfalls in the construction can be ctirecfly related to the inspectors associated with the construction of this residence. t Terry andRhonda Slrank 4O45 Virginia Arre. Springfield. Or.97478 (541\726-990r The following is a list of iterns wq tuve identified as prabtemr stemming fram rle canstruction of our hqme by Tom Wirfs, aka- CQZY HOMES at 4045 Virginia Ave. Sprindretd Or. Master Bedroom Wall.iust inside left of door ioin( where obligue was.ioined and hnished is not plumb crom indicated he would take care of thrs wiren they did the hallway )Nail heads pushing out from sheetrock. Entr-v door has chunk of it missing on the outer hinge side. BDR 2 Master Batlr BDR 3 Hall Bath Dining room - Cautkis comin-eoffor has come offbetow enctosure- Sttowet door gutde hroke f,wo weel<s after occupied- Counter ueed.s replaceddre to ri.npte.- strower sta.ll- is ftacturtng underneath and wilt eventrrau.v erack on surhce- Toilet caulkbas come out. Woodwork throughout is loosingits finish Nails pushing out of sheetrock. Woodwork throughout is loosingits finistr_ Arpet has stain from construction. Nails popping from sheerock - Toilet is tiltingcrookeq 3/4in out in 18"- A[wqoduorktosing ifs fuistL- Nailsgrshin-q,outofsheetrock- Ftoot 7r in out of lwet t& 4' . All woodwork tosing i$ f,nish" Counter top at deskwas marredat insta[atton Carpet s€ams w€re trot w.oven* fu patto door capet is poppedup ftomunder door. Nails are poppltrg ftomsheetrock Kitclren Hallway to Livingroam LivingRoom E:derlor Garqge Grounds Al[ woodwork tosiru;its ftnisL AII counter tops are rippled and surfaces are bubbled Caulkingbehind sink is pocked and leaks. Floor is not level and has high center. Sheetrock has pulled from studdrng on west wall and nails are sunken or pushing ou( Floor is out of level by as much as I inch aorner to eorner. Ceilingjoist drd not lay on plate of wall and were not shimmed To make coulact with wall er$ing crackiqg and. will cause trture Pmbtems asarsult Nailto aarpet strip was misstng ftomconstrtrction- t eft side of wa[ at window atmve has stain ou w.att where sheetrock got wet at tlme Of construdton- Causedry roof teakinreprlor to flashin-e; Sheetroakwas not replacedand stainedthmtlghpatnt Comers in ethedral- portion of ceiliqg are cracking severety. Fmut wjndow was trot property flashedwhen insatted Paint was not finished at time of construction Siding was not completely nailed. Finish work separated and cracked Original lightingfixtures are rusting House has aonqrete splashed on side where flatwork was done. Brick work has paint and concrete splashed on it Ventboxes were not installed. Roof had shingles coming 0ff. Back hose bib failed and had to be replaced. Cracked sidewalk in front of house just after movingin Depthwill not support fult size auto. Shoutd have heen 4 ti€hting fuGres. C-oncrete was stainedatttme of construction Wastrcr hose drainrvas not installedcorrectlv Soi[ fromour yard is falling under fence to adacent properry becarrse of the way the properw was graded hy Tom Wirfs son- Tom indicated at time of that house being constructed he woutdplace a drainag;e rystem atongthe fence line to drainw.ater to the wetland Tommy graded the propery lower than ours causing my soil to erode under the fence. One fence boardwas damaged by Tommy. {' ( A patch o[ our yard. was removed. when Tom was uutalh+g, the drain hnes to tl-re curb for the a4acent property. Ours rvas sod he seeded it back and doe.s not match our grass. We now have weeds growin-e inthat spot. Generat It should be noted unt all floors are ei6er out of level or have a high center' 1 Marclt 23,1999 Donald R. Slaytorr 440 E. Broaclrvay Suite 350 E,ugene, OR 97401 RII: Notilrcation of Deficiencies l-etter - 4045 Virginia Street, Springlielcl, Oregon Dear Mr. Slayton Thank you for your letter dated Marclr I I , 1999. I was surprised by tlte statement in your corresponclence of ttow a Certilicate of Occupancy could have been obtained from the City for the single-family residence located at the above referenced address. T[e purpose of a building code is to provide legal standards tbr btrilclings arrd/or construction fbr the protection of life, limb, healtlr, environment and for the public welfare. These objectives are met by regulating structural strength, use of nraterials, exits, sanitation, liglrt, ventilation, fire safety and other constructiou criteria. Code regulations represent minimum regulations or standards that rvill insure adequate safety under nortnal conditions. They also take into consideration special hazards such as heavy snow loading, eartlrquakes and excessive wirrd conditions. It is intportaltt to trote tlrat "rninirnurn regulatiotts or statrdards" do trot tneatr less expensive or a lesser cluality corrstruction. "Mirrirlunl" rel-ers to specilic cotrstrttctiotr regulations or standarcls tfiat are cletennined practical and entirely adequate for protecting tlre life, safety, arrd welfare of the public ancl the users of buildings. The City cannot enforce building regulations of anything p"lore, or less, than these minimum standards. Using tltese ntinimum standards as guides, the builder and ultimatety the consumer can certainly ernploy a higher constructiotr standard tlran wlrat is required by law. ln your letter you also note in part: "the breath of deficiencies bearing directly upon the rvorkmanship of each and every trade". As mentioned above, the building code and subsequent issuance of a certificate of occupancy is based upon minimum constrttction standards/regulatiorrs ancl whether after final inspection, the building is determined to be in compliance with the rlinirrrum standards of the code. l-low a person complies with the code or the workmanship of non-related code items is not sonrelhing that can be enforced by the City trnder the atrthority of the building codc. lt appears that almost all of the items iclentilied in your deliciency list are itcrns tlrat rreed to be addressed througlr tlre Oregon Construction Contractors Board. If I carr be of assistance or if you have additional questions, please contact me at your convenience at 7 26-3 668. Sincerely, \ David J. Puent Corl rnun ity Services Marrager Cc: Craig Gibons, Risk manager .\ DONALD R ST-AYTON .\llr)ntt'\ dl l..t\\ Broadway Plaza 440 E. Broadway Suile 350 Eugene, OR 97401 (541 ) 48s-4942 (541)485-7742 Fax March 11 , 1,999 CERTIFIED I4AIIJ - RETURN RECEIPT REQUESTED [Sent Concurrently by First, Class Mail] Mr. .James Strickland Registered Agent for Cozy Homes, Inc. 675 Oak Street Eugene, OR 9740L CT Corporation Systems Registered Agent for Professional Warranty Service Corporation 520 SW Yamhill, Ste. 800 Port1and, OR 97204 Mr. Tom Wirfs President of Cozy Homes, Inc L215 S. 2nd Springfield, OR 9t 4'77 Mr. Michael P. M1les President of Professional Warranty Service Corporation 4443 Brookfield Corporate Dr Chantilly, VA 20151 Professional Warranty Service Corporation P.O. Box 800 Annandale, VA 22003-0800 RE My ClienLs: Terry L. and Rhonda Shank Property: 4045 Virginia, Springfield, OR 97471Builders Limited Warranty No.: 0057347RE-Notification of Deficiencies and Defined Structural Element Failures VA Case Number: 4B-48-6-025805 Ladies and Gentlemen: P1ease be advised I have been retained by the Shanks inconnection with several consLruction deficiencies, all ofwhich the shanks submit are covered under professionar Warranty Service Corporation' s Builder,s Limited Warranty. For your review, attached hereto is a copy ofcorrespondence to Cozy Homes, Inc. dated May 14 , Lg9J,approximately four months after the date Cozy Homes, rnc. andmy clients were issued their certificate of occupancy by theCi-ty of springfield. For your information, my clients,repeat.ed requests for repairs made by terephone, in person,and in writing, since that time have largely fa]ren on deafears. Many of the noted deficiencj-es have been completeryignored. Accordingly, my clients have prepared at my request yet. another detailed list of construction deficiencies for your review. As you can see, the majority of all deficiencies noted on the initial correspondence still remain to be corrected or repaired. More importantly, my client.s are surprised that t.hey and Cozy Homes, Inc. obtained a Cert.lficate of Occupancy in the first pIace, given the severity of the listed deficiencies. My clients are concerned that. not all parties are aware of this distressing situation - specifical-Iy, the breadth of deficiencies bearing directly upon the workmanship of each and every trade and subcontractor used by Cozy Homes, Inc., and performed by Cozy Homes, Inc. itself. More importantly, my elients are amazed by Cozy Homes, Inc.'s complete disregard of their complaints as evidenced by the passage of time sj-nce their initial correspondence. Therefore, the purpose of this letter is to requesL the immedi-ate testing and inspection of ALL LISTED DEFICIENCIES NOTED ON BOTH ATTACIIMEMTS TO THIS LETTER. My clients submit t.hat the "reasonable tj-me" for such test.ing and inspection pursuant to the Builders Limited Warranty has long since passed. Nevertheless, I have convinced my client.s to a11ow each of you: No more than 30 days from the date of this letter to complete your testing and inspect.ion; and, no more than 45 days from the date of this lett,er to provide us with your wriLten findings and proposal for correction - repair, replacement or payment. I have further advised my cl-ients to obtain their own inspection from a licensed, bonded contractor and estimate to repair each and every item listed. Please be advised that if you fail to meet either deadline set forth above, I will recommend my client immediately elect their course of action: Arbitration which is not required of my clients due to VA involvement; Immediate claim with State of oregon Construction Contractors Board; or, fmmediat.e suit against Cozy Homes, Inc. and Professional Warranty Service Corporation - for breach of contract, breach of express warranty, breach of implied warranLies where applicable and breach of warranty for particular purpose where applicable. I urge each of you and your respective counsel- to give this matter immediate attention. I shall- Iook forward to one or more of you making arrangements directly with me or through my office to schedule your testing and inspection visits. P1ease contact me di-rectly if you have any questions. Iy enclosures cc: Cl-ients ccB /City of Springfieldr' Department of Veterans' Affairs FHA $, t_ Terry & Rhonda Shank 4045.Virginia Ave. Springfield, OR. 97478 'ln \nay'1997 s41-726-9901 Evaluation of Needed Repairs by Cozv Homes - Tom Wirfs 1. Master Bath - nails oulling from ceiling drywalt Cautking of base near floor and toilet Tub enclosure frac,turing Paint and Caulking around enclosure Shower door glide broken 2. Master bedroom - Repair Drywall over door to bath and angle comer near entry door, (line in angle is not plumb with corner). Entrance door - chipped up on hinge side where peice is broken. 3. Bedroom # 2 - Woodwork needs refinished 4. Bedroom # 3 - Trim and woodwork needs finished. carpet still has stains from original construction work. 5. Hallway - Woodwork needs refinished. 6. Hall Bathroom - Woodwork needs refinished, door jams and cabinet work. 7. Dining Room - Trim and woodwork needs refinished. Carpet lifling from under sliding glass door. 8. Kitchen - Drywall nails pulling from ceiling. Paint chiped on comer from delivery of refrigerator. Cabinets need refinished. Caulking around sink and behind sink needs redone. 9. Hallway to living room - ok 10. Living Room - Woodwork needs refinised due to repair of entry door and closet. Nails pulling from drywall on ceiling in cathedral area and joints are cracking where ceiling meets wall on west side of same area. North west comer where water damage was evident during construction paint is stained and comer is cracking. Nails pulling in front of closet from ceiling and has pushed mud out revealing nail head. Floor - floor is not level. Floor is out by 1 1/2 inches from comer to comer. 11. Garage - General - Woodwork throughout needs re-varnished. Materials have dried and flatened out, and appear white as if the woodwas not cleaned prior to apptying finish. Carpets basically have been cleaned in the large areas but stains from construction still remain in bedroom *(3. Seams arevery noticable. The carpet in the dinirg room at the base of the sliding glass door is bound at the entrance and should have been tucked under the door frame laying over the tack strip. rore blemishes It was discovered the floors in the Livingroom are not level and are out as much as 1 1/2 inches from comer to comer, with the north east comer being the worst. INSPECT INSULATION INSTALLATION TO ENSURE FULL COVERAGE lN ENTIRE STRUCTURE. Garage was to be completely insulated as per contract. Exterior 1. lnspect and renail siding where needed. Found on both sides of the home were at least two peices of siding not completly nailed to framing The eves were not inspected but suspect there is a problem their also. 2. Trim is broken and caulking is separating from joints. 3. Re-paint body ancl trim as needed 4. Clean window surfaces when Painting completed 5. Evaluate cracks in sidewalk near entry and repair as needed. 6. Gutter above sicle entrance to Garage lealG when raining. 7. Once painting of body and trim complete, all flatwork and brick needs cleaned from first and new applications. Plumbing: When water is running it can be heard where the preasure is causing creeking in pipes behincl wall in master bedroom. Cause I suspect is related to how these pipes were securecl in the mounting from the hot waster delivery system. The drain for the wasing machine was not placed in the reciever with the hot and cold valves. Hall bathroom still remains as a trouble spot for toilet ctoging. Suspecd drain clogged with construction remanents. Note: Even though it was charged, the original paint for the door was never purchased. Only two colors were used in this home and shoulcl be charged as such. Further inspection by Tom Wirfs should be made and it investigated as to the eLtent subcontracting has cost on the basis of inefficient work that has hamperecl the quality of this homes construction. ln effect, the wanenty on this home shoutd be extendecl in support of the purchaser because of construcdion shortfalls related to the competance of suFcontractors associated with the construction of this home. lt is eviclent the tradesmen used will and have caused future claims to the wanenty providecl in the contracd for this home. Copies of this home evaluation will be fonrvardecl to the VA, Gity of Springfield and the Oregon State contracdors board. Also it should be notecl that shortfalls in the construction can be clirec{ly relatect to the inspectors associated with the construction of this residence. Terry and Rhonda Slrank 4045 Virginia Arre. Springfiet( Or.97478 (s4r\726-9901 TIre following is a tist of items we have identified as problems stemming from the aonstrucrion of our home by Tom Wirfs, aka. COZY HOMES at4045 Virginia Ave. Sprindel( Or. Master Bedroom Wall.iust inside left of door joint where oblique was.ioined and finished is not plumb (Tqm indieated he would take care of thrs when they did the hallway )Nail heads pushingout from sheetrock Entr_v door has chunk of it missing en (he outer hinge side. Master Bath BDR2 Caulkls aomin-eoffor tras conre off betow enclosure Sttower door guide broke two weeks after occupied Counter need-s replaceddue to rippte. Slrorver Sull is ftacturi-qg,underneathand wi[ eventr:aU_y craekon surface Tottet caulk-has aome out. Woodwork throughout is toosingits finish Nails pushing out of sheetrock. BDR 3 Hall Bath - Woodworkthroughout is loosingits finistr-- Carpethas suin from construction.- Nails poprpingfrom sheefoclc Toilet is tiltingcrooke{ 3/4in out in 18" AIL weqdgqrk tosiqg its finistu Nails prshin-eout of sheetrqak Ftoot 7r inout of lwet tn 4'. A[[ wqod\r,q16 tosinets frnish- Counter top at deskwas manedat instatldiou Carpef seams were net w.ov-en* Af patio door caeet is poppedup ftomunder door. Nails are popprnq fromsheetrock Dining room Kitctren fllllway ta Livlng room LivingRoom Grounds AII woodwork tosirtg, is ttrtsll AII counter tops are rippled and surfaces are bubbled. Caulkingbehind siuk is pocked and leaks Floor is net level and has high center. Sheetrock has pulted from studding on west rvall and nails are zunken or pushing ou( EKerfor Floor is out of lwel by as much as I inch Qorner to corner. C,eilingjoist drd not lay on plate of wall and were not shimmed To make conLacf witt wall causing aracking and. will carrse firnrre Pmbtems asarwull Nailto aarpet strip was missing ftomconstructtoru Ixt stde of watl at window alcove has stain on watt where sheetrock got wet at tlme Of construdion- Caused b), roof teakin-e prior to flashing. Sheetrock was not replaaed and stainedthrou€hBmt Corners in etiedrat portion of ceiling are qackin-g sev. erety . Front window was trot ptoperty flasttedwheninsatled - Paint was not finished at time of construction - Sidingwasnotcompletely nailed, - Finishworkseparatedandcracked - Origlnal tightingfixtures are rusting - House has aoncrete splashed on side where flatwork was done. - Brick work has paint and aonarete splashed on ir - Vent boxes w€re not installed. - Roof hadshingles comingoff. - Back hose bib failed and had to be replaced. - Craclced sidewalk in front of house iust after moving in Depthwitl not support futl stze auto. Should hav e heen 4 tishiing fi]cxes. Concrete was shined at time of constructton W" asher hose drainwas not irstalled conectly Sollfronoru yardis fallingunder fence to adjacent properry hecause of the way the propertv was graded hy Tom Wirfls son- Tom tndicated at time of tbat house bein€l constructed h.e would place a drainasp system atow the fence tine to &din water to the wetland Tommy graded the properry lower than ours causing my soil (o erode under the fence. One fence board was dam(ged by Tommy Gar4ge A patctr o[ ou-r yard was remov- ed *6",1 fqrn was irutalling t tre drain ltnes to tlte cutb for the adjacent property. C)urs was sod he seeded it back and. does no( nratch our grass. We now have wends growing inthat spot- General It should bQ noted that all floors are either out of level or have a high center