Kitchen remodel

Contracted with Lowes 209-339-2600 to put in new

Kitchen cabinets, counter tops, and sink on 2/28/07

Subcontractor Block Tops 916-83-4505 Sacramento Office, Main Office 714-978-5080 put in counter top and sink on approximately May 20, 2007.

Reported to Lowes sink separated from counter

around the first part of September 3, 2007, which flooded underneath the sink cabinet.

(We first noticed but believe it had been separated

for some time.)

Lowe’s Install Manager, Tony came to house to

view the sink separation September 4, 2007

(reported that occupant of home, DeeAnn has

hypersensitivity neuronitis to mold)

Block Tops employees came to view sink on September 6, 2007

(Date on camera?)

Block Tops sent Robert K Danielson, an Industrial Hygienist 530-633-9648 Indoor Environmental Consultants to my home for mold testing. Allen the foreman, was present from Blacktop Sept 27, 2007

(Informed Robert and Allen that Dee Ann was having

Breathing difficulties and other symptoms and we

Needed the results immediately since she has an internal chronic mold infection in her system)

Robert Danielson said he would have the result by

Monday, Oct 1 he would FedEx the samples to lab that day, Sept

26.

According to the report, Robert Danielson did not

Submit the samples until Oct. 1, and date of report was Oct 2, 2007.

Placed calls to Block Tops/Lowes/Robert Danielson to

get the results from Oct 1, 2007-Oct 10, 2007

I was told by Robert Danielson that he could not release

Result to us, since Block Tops paid for the report.

I was told by Lowes/Blacktop that mold was not a

problem according to the results. I asked to view the

report. Only received the raw count

Report Oct 8, 2007, which was the last 10 pages of the report.

After numerous calls to Block Tops/Lowes, we were told that the raw

data count results was the total report. Block Tops only gave us the last 10 pages of the report, not the first 9 pages which contained recommendations and details of the types of molds. I spoke with

Richard the District Install Manager from Lowes 209-339-2600.

We told Richard to demand the entire report, which he finally got from Block Tops.

Richard then turned this mess over to

Devona White 707-312-0595, the Regional Install Manager from Lowes obtained full report. October 11, 2007.

I picked up copy at Lowes. Oct 11, 2007

Report states STACHYBOTRYS in kitchen.

Devona White provided lodging for two nights October 11,12

For Ms. Traum, due to her breathing problems from the mold spores in the house.

Devona said Lowes (would not help?) Oct 12, 2007

Called Allen.........../Block Tops Oct 12 and requested

Lodging.

Allen said he would call Nate Kolenski, the VP of Block Tops and have him

call us.

Nate did not return calls. Nate finally called me on Oct 12, 2007 at 3:30 PM and told me he wanted more testing done. I told him the first test show STACHYBOTRYS and that he needed to get a mold remediation company to my house to get rid of the mold. He refused to do this until further testing is completed

Nate the VP from Black Tops wants more mold testing on

Oct 15.

Nate and the Robert the mold tester came over on 10/15/07 and Nate the VP gave verbal confirmation to the mold tester to release the test results to me. Robert the mold tester, asked Nate to send him an email so he could have a hard copy of the permission. That never happened. I was contacted by Robert the mold tester on 10/18 07 about 3:30 pm and was told he had the results back and Bloc Tops would have the results within the hour.

I have made several attempts again to get the results from the current tests to no avail.

On 10/20/07 I received this email from Nate, the VP from Block Tops”

David,

I have just returned from the business trip that I mentioned to you in your home on Monday. Robert completed his inspection report (dated Friday October 19th), and although I have yet to see it, he said that the results are not consistent with how they should be compared with the initial testing. I hope to see a copy by Monday and should be able to pass it on after that.

It appears that the environment may have been manipulated to produce the results. The rotting food and bone particles left in the dripping, disconnected garbage disposal, the residual construction debris on the removed dishwashers insulation, or other premeditated events, could easily have distorted the test results.

He is recommending remediation for airborne spores in the kitchen area.

Because of the possibility of events described above. I have asked our council to direct the further actions and communication with you concerning the remediation contracting and process to avoid any appearance of impropriety by any parties concerned. He has either already, or will contact you by Monday concerning the remediation protocol.

Nate Kolenski

Vice President

Block Tops, Inc.

There was no manipulation of the environment in my house to produce the current results.

The Manger of the local Lowe’s came over, Kevin Balm, along with the install manager, Tony. They looked over the above email from Nate. Then they looked over the items in question about the report. They responded, “That if the environment was manipulated and the tester was aware of this , why did he continue on with the test?”

If the mold tester felt that, he should have stopped the testing and discussed his concerns then rather than go on with further testing.

The mold testers first came, his tests results were possibly skewed. When Robert the mold tester came to the house the first time, he turned on the furnace hepa filter. The mold tester then took air samples in the house with the filter sucking in outside air. So how could you get an accurate measurement of the air sample when outside air was being mixed with the inside air?

Now my house cannot be lived in due to the black mold problem and other molds that are present from the first testing. It has impacted both De Ann’s and my health. I am currently staying at a Holiday Inn Express in Lodi, Ca.

On 10/20/07 I contacted the local Lowes store manager, Kevin Balm. He came over with Tony the install manager, and looked at the situation in the kitchen and I gave him a copy of the above email from Nate Kolenski. Kevin basically said he could not do anything and he would contact the District Manager, Mike Marrs at 916-688-1922, to see if he could get something done with the hold up.

Today I contacted the Miller Law offices and asked to speak to the lawyer who is now representing Block Tops at 916-351-0129.

On 10/22/07 I talked to Mr. Miller from Miller Law offices who is representing Block Tops. He assured me that everything would be taken care of asap

Three days have passed and I have yet to hear from anyone about this matter.

Email sent to Jon Miller Law Offices.

10/25/2007

In reference to our phone conversation on 10/22/2007, you implied a readiness by your client, Block Tops, that you/they are willing to have my kitchen repaired and take care of the mold issue.

I have some concerns since I have not had any type of communication with you on the matter. I called your office twice today and left messages and there were no return calls by you or the Law Offices.

Please contact me and let me know what plan has developed to get my house back in order.

Thank you,

David Fudala

10/25/2007 I called John Miller Law Offices and left 2 voice messages to call me back.

10/26/2007 again called the law offices and left 2 voice messages for John Miller, and a verbal message with the receptionist today. Still no answer from John Miller.

I called Allen the foreman at block tops and asked him to call Nate, the VP, and have him contact the lawyer to call me. Allen the foreman from Block Tops said he cannot have a conversation with me and hung up

I can be reached at 209-327-3115

Thank you,

David Fudala

__________________________________________________

Do You Yahoo!?

Tired of spam? Yahoo! Mail has the best spam protection around

http://mail.yahoo.com