Matt,

Thanks for taking the time to look at the list we sent over. I hate that I couldn’t connect with you in person on this, I feel that these emails always tend to have a different tone that what is meant to be expressed when we talk in person. I’ll try to hit the concerns you’ve expressed in the order in which they were mentioned.

You are correct in stating that there is no mention of guarantee of workmanship in the contract. However, in the Submittal which Emmons construction provided us (attached for reference) it is mentioned that “All labor, in-house or subcontracted, to have at least a 1-year warranty plus any warranty on materials from vendors.” Our understanding of this was that the quality of the workmanship provided by the labor mentioned here was being warrantied for a year. Are we misunderstanding what was meant by this? If so could we get a clarification on what was covered for a year just so we know what to look for in the future?

Below is our line item list detailing how we feel that these are workmanship and material issues:

•	Studio (the baseboard and caulking issues we feel were due to selection of poor grade materials or improper caulking for use on wood base)
o	West wall in front of railing to the left of computer cabinet, corner of baseboard has paint flaking and caulk separation
o	Directly across east side in front of railing, baseboard caulk is separating
o	West wall outlet sticking out from the wall (this data terminal in question was just clearly sloppily installed or couldn’t be mounted properly for some reason)
o	Baseboard caulk separation from SW corner to second set of outlets
o	Caul separation @ back NW corner
o	Caulk separation @ north side baseboard
•	Printshop
o	Kink in Chandelier chain (this item was never fixed from our original punchlist when Emmons was finishing up the project)
•	Conference Room
o	Paint chipping from duct (we feel that the paint was either improperly applied or improperly selected for the material it was applied to. Since the contractor was responsible for the type manufacturer selection this would not fall under Owner Responsibility)
o	North panel on double barn door will not remain closed (this was a problem at the time of final inspection and while it was thought to be repaired has regressed to the previous state of disrepair. It was thought to be the product of slamming the panel close, however the lack of disrepair of the opposing panel despite the same careful treatment over the year leads us to believe this was never properly plumbed for a proper closure)
o	Header casing of double barn door separating from frame.
o	Cabinets (all of these are clearly the result of poor hardware selection or installation. Some of these cabinets have been used only a hand full of time over the past 12 months and the hinges have completely fallen off)
	East cabinet pulling from wall
	Left panel on east cabinet hinge has come undone from frame
	Left side of cabinet and baseboard needs to be re-caulked
•	Men’s RR
o	Paint missing between door casing and tile (it was never painted to begin with)
o	Door will not close completely leaving visibility into the bathroom from the hallway (it could be argued that movement in the wall caused this, except the wall 6’ down the same wall still closes fine. The difference between the two doors is that the strike plate on this door was mounted 1/8” further to the exterior of the frame causing the door to not fully close. To be truthful, the gap is narrow enough to where if privacy becomes an issue, then we have bigger problems than the gap between the panel and the frame. The fact still remains that you can be out in the hall way and see someone using the bathroom.)
o	Paint/Caulk present on tile at shower ceiling (this was never cleaned up from the original punchlist)
•	Women’s RR
o	Paint missing between tile and casing (it was never painted to begin with)
•	Break Room
o	Outlet cover won’t attach to box at top above counter (the issue with this outlet is that it feels as though it’s not actually mounted and wanted to push in/pull out whenever it is used. a properly installed outlet box will not have this problem)
o	Faucet is loose and rotates freely (was never properly tightened)
o	Upper wall cabinet, middle section, right door panel, top hinge is loose (all of these are clearly the result of poor hardware selection or installation. Some of these cabinets have been used only a hand full of time over the past 12 months and the hinges have nearly completely come out)
o	Kitchen cabinet doors under sink do not line up evenly, top of left side door
o	Kitchen cabinet doors over sink do not line up evenly, top of left side door
o	Kitchen cabinet doors over microwave do not line up evenly, top of right side door
o	Caulk separation @ left bottom of corner where cabinet meets baseboard
•	Hallway
o	Paint chipping away from access box in ceiling (similar to the ducts except this material is similar in nature to the other metals coated which leads us to believe it was not properly installed, including and most likely improper surface preparation for the paint type.)
o	Caulk separation on the west hall from the fire hydrant to the back door
•	Entrance
o	Cracks in bottom 3 steps (frankly, this is the only item which could possibly be the result of building movement, which I must admit I feel is considerably more exaggerated in your description of it than it is in reality. However, based on the issues we had with the original concrete contractor who poured these stairs, and his own comment about what he felt about the quality of the pour we feel this could be the result of poor workmanship. We know this item is a long shot as to having anything done about it and we left it mostly to begin discussion about if anything can be done about it. We understand that cracking is one of the 3 things concrete does.)


Side request: making more shelves for the upper cabinets in the break room. (these are long shot items we left in since the amount of shelves noted in the contract drawings were not supplied. Plus we figured since Emmons created them, then it would be in our best interest to get Emmons to make matching ones.)
•	2 more for the left most cabinet
•	1 more for the middle cabinet
Our hope is that this list, combined with the explanation of our understanding of the text on the submittal can better clarify how this list came to be in your possession. If we had the wrong impression of Emmons standing by the quality of their work then I can see how there is a misunderstanding and possibly even read as ill-intent from us. Based on that I can understand where you’re coming from with your responses, Matt; it comes across as though you feel we are pawning off repair work which is not covered under your scope onto you for a free ride into an improved look in the space. Regardless of whether or not we misunderstood what was printed in the submittal, I’m a little offended by the implication here. Honestly, I thought I came across as a more honorable person than that and I hate that any interaction that we’ve had has given you even an ounce of room for you to be able to think otherwise. It is true that there are many issues with our space which have been caused by the current condition of the space, so much so that I put extra thought into the list you received in order to ensure that the repairs which we felt were caused or amplified by the state of the building itself did not end up under your scope. For instance, the separation of the baseboard from the wall in the areas where the water is high. I felt as though there was a SLIGHT chance that it would be viewed as though the swelling of the baseboard from the water could be viewed as the reason this separation had occurred, despite the fact that this was occurring prior to the high waters. This same separation is happening through the space which leads me to believe that the finish carpenters either picked poorly graded wood or applied the wrong caulking for the job to account for a wood base instead of a normal synthetic base. Another example is the crack from ceiling to floor in the partition wall. Not in your scope, so I left it out. There are many of these scenarios which we felt could not be carried out by you or left for Emmons to be held accountable for.

The ones which remained, however, we feel are the product of poor workmanship or selection of poor grade materials or hardware. As stated before, we understood the text in the submittal to indicate that small items like this would be stood by for workmanship and installation. If that text was in error or we have a misunderstanding of what this text was indicating about Emmons standing behind the quality of their work then I’m afraid I have to admit that I’ve misconstrued my opinion of who we thought we were doing business with.


Carl Gibson
Delineations, Inc.
918.364.9207
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From: Matthew Emmons
Sent: Thursday, April 26, 2018 2:09 PM
Subject: Re: Office punch list

Holly,

Thanks for email.  However, I have a few questions and concerns. Can you tell me where you are finding the terms "one year period of the construction workmanship warranty"? I understand there is an industry standard for workmanship, but there wasn't any details of warranty in our contract specifically. Secondly, normal wear and tear of use and or product failure from that use are not covered under any workmanship warranty.  Third, it is my understanding from both conversations with both Carl and Matt Shields of Ramcrete that the building has had some damage and/or residual damage from faulty construction to some flashing on the roof causing severe water infiltration throughout the space. This damage was so severe that there was water damage to the wood trim and sheetrock as well as the sealer that was initially used on the floor turning it white.  The presence of that much water voids any workmanship as it relates to paint and/or caulk or any wood products like doors and cabinets.  Lastly, as I mentioned to you in an email earlier this year, that your building is structurally deficient in several ways. Carl, myself and several sub-contractors have noted how unlevel or out of plumb the structural beams are and how out of square the concrete and relief cuts are. There is no doubt that there would be significant movement in the building resulting in common problems with doors and cabinets or anything else that requires walls and doors to be plumb to function properly.

We have always been cooperative with Delineations when it comes to reasonable items to correct or address. Unfortunately, I feel as though much of what you have described above does not relate to any workmanship warranty as a normal industry standard describes, especially after knowing what water damaged has occurred and the structural deficiencies of your building. If you can define specifically line items and how that relates to a workmanship warranty in detail, then we can discuss a remedy.

We would be more than happy to assist in correcting these issues at an hourly rate given our first opportunity in our schedule, including the additional shelves you are requesting.

Thank you