Star Tree design

In November 2010, Varnado Construction was contracted to complete renovation work at 3016 Hallwell Dr. Plano, TX 75093 by Wade and Ashley Scott. The work included multiple aspects including plumbing and landscaping work. (Original Varnado Contract and Signed Loan Documents showing Varnado Construction agreed to Escrow Holdback Agreement - Exhibit A). Varnado Construction has been paid in full for this work (All Bills Paid Affidavit and Paypal Receipts - Exhibit B). In late May, 2011, a major water leak was discovered coming from an upstairs ‘jack and jill’ bathroom vanity on the south side of the home. The leak caused extensive damage and required extensive water remediation and remodeling. Upon investigation, the source of the leak was found to be a main air conditioning condensation line that was not connected into the ‘j trap’ under the vanity. Although the work was completed in winter of 2011, it was not discovered until late May 2011. Once the outdoor temperatures rose in late May, the A/C system was frequently running (and producing condensation / water) and only then was the plumbing error and subsequent water leak discovered. We believe Varnado Construction is responsible for the damage. Mr. Joshua Varnado was out of town for an extended period of time and could not and would not complete immediate repairs as needed. Therefore, Service Master and Andregg Contracting, Inc. was contracted to complete plumbing repairs and other repairs related to damage (Andregg Contract – Exhibit C). We believe Varnado Construction should reimburse all out of pocket expenses (Paid Receipts Exhibit D) plus pain and suffering and loss of potential wages estimated to be $5000. Demand was made for repair and/or payment (Demand Letter – Exhibit E). Varnado Construction was unwilling to repair or pay (Varnado Response – Exhibit F). We believe Varnado’s plumbing subcontractor never reconnected the A/C condensation line after disassembling and reassembling the ‘j trap’ to install the new fixtures and stopper. The following 7 points outline the rationale and evidence proving Varnado Construction is responsible for the damages. 1.) Disassembly and reassembly of the j-trap and any adjacent piping is required to change the stopper of a vanity plumbing fixture (Installation Instruction - Exhibit G). Varnado plumber had to disassemble ‘j-trap’ and adjacent A/C condensation line to properly install stopper. 2.) Multiple photos and video were taken of upon discovery of water leak to document the piping in its existing state (Critical photos attached - Exhibit H). Other photo and video evidence are available at trial if necessary. 3.) The company that performed the repair, Andregg Contracting, Inc. believes, in their expert opinion, that the water leak was a direct result of Varnado plumbing error. Andregg Contacting is a member of NARI (National Association of the Remodeling Industry) and a Better Business Bureau (BBB) Accredited Business. Varnado Construction is neither. (Letter from Andregg Contracting with Plumber Name and TX License # - Exhibit I) 4.) We believe Varnado Construction hired unqualified plumbing subcontractors. Varnado Construction has been unwilling to provide plumbers name or TX license number. 5.) There have been numerous other issues with plumbing related work at 3016 Hallwell Dr. We believe this is a direct reflection and indication of the Varnado subcontracted plumber’s incompetence and otherwise poor work. These issues include leaks, incorrectly installed ‘j-traps’, non functioning stoppers, and loose fixtures. Video evidence will be available at trial documenting these issues. 6.) Varnado Construction has suggested that the presence of rental tenants from March to May, 2011 in the home could have contributed to the water leak and therefore he should not be held liable. This claim is unsubstantiated and we do not believe the tenants caused any damage to the piping under the vanity in questions. In fact, the bedroom connected to the vanity and the vanity was never used. The tenants have confirmed this vanity was never used nor was anything stored under the vanity. (Michael Kopp email – Exhibit J). 7.) We believe Varnado Construction has questionable business ethnics and is untruthful in business dealings. We believe this a reflection on their willingness to accept responsibility for the damages, on their ability to financially execute the requested payment / repairs, and on their execution of competent, quality work. For example, Mr. Joshua Varnado wrote 2 ‘hot checks’ to the landscaping sub-contractor (Copied Checks – Exhibit K). The sub-contractor was forced to contact Collin County Sheriff’s office. The Sheriff’s office contacted Mr. Varnado and threatened to initiate a warrant for his arrest. Ultimately, Mr. Varnado agree to allow us to directly pay the landscaping subcontractor and Varnado Construction deducted the amount owed to them outside of original scope. Furthermore, another subcontractor, Fashion Glass, has not been fully paid for their work as of October 27, 2011. However, Mr. Varnado signed an All Bills Paid Affidavit (Exhibit A). Fashion Glass threatened to place a lien on 3016 Hallwell Dr. but have decided to not pursue. Instead, they are continuing to pursue Varnado Construction for full payment. (Fashion Glass Letter – Exhibit L). Additionally, in August 2011 we began contact Varnado Construction regarding landscaping work performed by sub-contractors. Several shrubs have died and we have asked Varnado Construction for the receipts so that we could pursue the matter directly with the subcontractor. (Landscaping Photos – Exhibit M). Varnado Construction has been unwilling and/or unable to provide these receipts referencing unfortunate personal, but professionally irrelevant, circumstances (Varnado Email – Exhibit N). We have asked Varnado Construction to instead replace the dead shrubs and they have declined. Although North Texas has experience an unusually hot summer, we do not believe this is the cause nor do we believe inadequate watering practices. This is clearly evidenced by the other shrubs, installed at the same time, that have survived (Live Shrubs Photos – Exhibit O). Therefore, we are requesting reimbursement for the estimated cost of the shrubs and labor to replace (Lawns, Borders, and Landscapes Estimate – Exhibit P). We plan to replace these during the spring 2012 planting seasoning therefore a paid receipt is not yet available. Also, Varnado has been contacted to repair other faulty plumbing & stove ventilation work in September, 2011 in accordance with their guaranteed warranty. (Varnado warranty email – Exhibit Q). Mr. Joshua Varnado visited 3016 Hallwell Dr. in September, 2011 but has not yet completed any repairs although verbally he did agree to all repairs. He has not returned messages since October, 2011 – the last email correspondence is attached (Wade Scott email – Exhibit R). We anticipate these repairs will cost $120 total. We plan to turn these issues into our home warranty company – each deductible / visit is $60 and the repairs will require 2 visits – a professional plumber and a professional stove ventilation company. In summary, we are asking for total reimbursement of $7942.56. The reimbursement is detailed below: EXPENSE AMOUNT COMMENT Andregg Contracting $1173.53 Water damage reconstruction Service Master $2226.67 Water damage remediation Landscaping $791 Dead plants – 2012 replacement Plumbing & Stove Ventilation $120 To be turned into home warranty Metlife Reimbursement -$1368.64 Overestimation of repairs (Exhibit S) Pain / suffering / loss of potential wages $5000 Move in date required postponing due to water damage, estimated over 100 man hours spent by Wade Scott addressing these issues resulting in poor work performance and loss of full compensation (bonus) potential TOTAL $7942.56