Irene designs

Thank you *** It was a pleasure working with you. Your home has a character and the bathroom design presented some challenge to blend new textures, colors, and materials with the exposed beams and natural wood planks on the ceiling. I am happy that your new bathroom will get the practicality of modern materials (porcelain tiles) while maintaining the original flavor and style of the house.

Thank you ***. Over the years of being a designer, I have learned that there is no problem area in a house that can’t be transformed and improved to meet the the needs of a homeowner. It is just a matter of time and effort a remodeled puts into that.. We will make your dream come true and you will get a Master Suite you will be proud of.

Thank you ***, I hope our joint efforts will make ***'s dream come true. Every person on Earth deserves support and encouragement from other human beings, especially under challenging circumstances in their lives. It was a pleasure working with you.

et

August 10, 2017

Via E-Mail: ***

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Re: Irene Designs, LLC v. Castagna
For Settlement Purposes Only

***

Following the inspection which occurred on July 26th, my client continues to believe that it performed its work in exemplary fashion, as required by the contract, although there are some items that would ordinarily find their way into a punch list for routine finishing and adjustment. Notwithstanding*** remain highly distressed by the recent controversy, which is unprecedented for the company. My client’s track record for customer satisfaction is pristine, because it will go the extra mile for its customers if it is at all reasonably possible.

In that spirit, therefore, please be advised that my client will agree to address the following items as indicated:

1. Leak in the dining room.

Further inspection is needed, including opening the ceiling to determine the source of the leak. My client recommends resuming use of the shower to determine the source of the leak. You should notify my client immediately if/when the leak happens again. If further inspection determines that the leak is determined is coming from the shower and is my client’s fault, then my client will repair the shower and the ceiling, and reimburse you for the blinds and any damage to the ceiling. Such inspection would be performed by my client, or by a certified home inspector in my client’s presence.

2. Grout touch-ups in master bathroom, vanity cabinet touch-ups, chipped wall tile in shower, replacement of escutcheon on left side of shower, vanity drawers not closing properly.

My client is willing to perform this work upon acceptance of the overall settlement proposal contained herein. For obvious reasons, this work would occur following the leak investigation described in ¶ 3 and any necessary repair that results.

As to the vanity cabinet, my client acknowledges fault for three or four scratches or dents that occurred during installation. These are the scratches and dents that you showe*** shortly after project completion in January 2017.

The vanity itself came fully assembled from the manufacturer, and its screws may loosen over time from normal usage. My client tightened these screws during the July 26th inspection, and the complaint about the drawers was thereby resolved. The screws may require further tightening from time-to-time by you.

3. Scratches on tub, shower pan, and left side of shower.

Although a few scratches on the vanity were reported shortly after project completion in January 2017, other scratches and dents were not mentioned until July 11, 2017, and appear to be the result of normal wear and tear. Notwithstanding, my client is willing to remedy these minor scratches upon acceptance of the overall settlement proposal contained herein.

4. Spills from under glass shower door.

Under the contract, my client was responsible for removing the old shower in its entirety, including the corresponding wall and ceiling. The new shower is different in shape and size. The contract specifically excluded the glass enclosure to the shower and the shower door, which were to be purchased from and installed by others. As contemplated, there was a separate contract between *** (***) and yourself. My client always makes sure that shower glass professionals measure for their design before my client installs tiles on the shower walls, and to adjust the plumbing if needed upon request by the shower glass professionals and that procedure was followed in this case.

Although any problem with the installation should properly be addressed to *** my client has already been contacted several times about this. Although it was under no obligation to do so, my client, in turn, arranged for three on-site inspections by *** in February (twice), and in March. Following each of these inspections, *** reported that the problem was solved. At the most recent of these inspections, on March 7th***n attended herself, to make sure that was the case. To that end, she arranged for ***rom *** to attend, to provide a second opinion. *** also offered an alternate solution, bringing a longer shower arm, which she purchased at her own expense, to change the angle of the spray, thereby preventing it from hitting the front glass panel. *** was advised that this was not wanted and was asked to leave before this inspection was completed after being further advised that this involved only *** and that she had no reason to be present.

Accordingly, my client has already gone above and beyond in a good faith attempt to rectify a problem which was not its responsibility in the first place. Notwithstanding, my client is still willing to assist in attempting to solve this problem; it would arrange for a third-party professional evaluation. Alternatively, my client recommends that a shower arm replacement, as described above, would solve this problem.

5. Cramped toilet space.

This is due to the addition of a full-height towel warmer, which the previous bathroom did not have, at your request. My client had intended to relocate the toilet to make room for the full-height towel warmer you selected. However, when the floor was cut open and the existing structure revealed, the plumber, *** advised that that was not possible because of the configuration of the new free-standing tub and floor faucet plumbing. My client could not possibly have known, prior to the demolition, that there would be a problem with relocating the toilet. In fact, the pre-existing structural limitations will not accommodate the new, sophisticated plumbing required for the tub or shifting the toilet plumbing as originally planned, without compromising the structural integrity of the house. My client advised you of this situation on several occasions. After the installation of the toilet, you were given two weeks to use the bathroom and get used to the space prior to installation of the full-height towel warmer you selected. *** suggested that you switch to a smaller towel warmer, and that suggestion was rejected.

My client is still willing to undertake one of three possible alternatives, at your choosing:

a-) Replace the existing towel warmer with a free-standing model, positioned on the other side of the toilet (i.e., between the toilet and the tub) where there is more room;

b-) Replace the existing towel warmer with a shorter model of similar design, to provide more room by the toilet seat; or

c-) Relocate the existing towel warmer farther up the wall and shifted slightly toward the door. Note that this was your suggestion, and it was, and still is, is basically OK with my client. However, to do this it is necessary to patch the existing holes, and my client was unable to obtain your permission to proceed.

Any attempt to replace individual wall tiles creates a high degree of risk of damage to the adjacent tiles and/or sheetrock. Also, because the tiles you selected have been discontinued, new replacement tiles are not available, although you should still have a few tiles from the original order that can be used. So, because the issue was created by a requested design change and the problems inherent with same were fully discussed, it must be understood that such risk must be borne by you, if you would like my client to replace tiles.

My client maintains, however, that patching the holes and leaving the existing tiles in place is a better option, in that it creates little or no risk of cracking the tiles.

6. Crack on half shower wall where the glass enclosure was installed.

This was caused by ***’s drilling to install the glass enclosure after my client’s work was completed. Although my client is not responsible, it is willing to seal the crack with grout caulk.

7. Crack across one-inch segment of tile in niche area.

This is not a defect; it was necessary for a u-shaped cutout for the niche. It is sometimes necessary to break and glue together pieces of tiles when the cutout segment would be too thin to withstand vibrations from power tools. The crack thus created, across a one-inch segment, is sealed and barely visible. It is aesthetically better than the alternative, which would be to cut the tile into two smaller pieces, with a line of grout between them. Although my client’s work in this regard was not defective, it is nonetheless will to add more grout caulk to smooth out the area so as to make the crack even less visible.

Please note that my client’s willingness to address an item should not be construed as an admission that it did not perform in a workman-like fashion in accordance with the contract, that an item was its responsibility under the contract, or that an item was not damaged after installation, including from normal use.

Moreover, the following claims are expressly rejected:

a-) Reimbursement for a pre-existing master bedroom door that would not close because the house had settled. My client repaired the door to make it functional by fixing a big hole previously made by the door-stop and adjusting the door and the frame so that it now opens and closes properly. This was done as a courtesy to you.

b-) Reimbursement for replacement of a carpet which has pre-existing stains. My client used a drop cloth and took proper precautions to prevent further staining.

c-) Reimbursement for replacement of a hallway door which allegedly was ordered in the wrong color. The order was submitted with the customer’s approval.

d-) Reimbursement ($487.61) for work done on April 25, 2017 by your plumber. My client’s contract specifically provides that “Plumbing Jobs ARE NOT PART OF THIS CONTRACT Separate contract will be signed with licensed plumber.” ***n did the plumbing in both bathrooms. The work for which reimbursement is sought was done by a completely different plumber without notice to and without the knowledge of my client.

Finally, there are some grout touch-ups in the hallway bathroom and hallway door adjustments and lock adjustments that date from the first two contracts, which are separate and apart from the items referenced above. My client takes full responsibility for making such touch-ups and adjustments.

Although my client is prepared to vigorously defend all claims, the offer contained herein attempts to ensure the satisfaction of a valued customer, with the hope and expectation that you will see the mutual benefit in resolving the controversy amicably, expeditiously, and with finality. The parties would provide each other with a mutual exchange of releases for all liability associated with this transaction.

Kindly advise in writing whether you will accept this proposal, bearing in mind that it is a unified offer intended to achieve a final resolution of all outstanding issues between the parties, and may not be accepted in part only.

Thank you.

Very Truly Yours,

***

***

C: Client

Sincerely yours,

***

Irene Designs, LLC

Our full response has been provided to *** in our previous correspondence through Revdex.com and other agencies she complained to, and we have no further comments.