From: Dan Huff
Sent: Fri Feb 02 15:16:01 2018
To: Gerald Fisher
Subject: RE: Draft ltr to Houck - CONFIDENTIAL
Importance: Normal
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From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]
Sent: Friday, February 02, 2018 2:45 PM
To: Dan Huff (Molalla)
Subject: FW: Draft ltr to Houck - CONFIDENTIAL
FYI. We are sending Houck a demand letter.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: David Doughman [mailto:David@gov-law.com]
Sent: Friday, February 02, 2018 2:33 PM
To: Gerald Fisher gfisher@cityofmolalla.com>
Cc: Kristen Ketchel - Bain Kristen@gov-law.com>; Kristen Ketchel - Bain Kristen@gov-law.com>
Subject: RE: Draft ltr to Houck - CONFIDENTIAL
Great. We’ll get it in today’s mail and we will copy the surety. We are including the cover page of the bond as well. My assistant Kristen will email you a copy of the letter.
David F. Doughman
Beery Elsner &Hammond LLP
From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]
Sent: Friday, February 02, 2018 2:28 PM
To: David Doughman
Cc: Kristen Ketchel - Bain
Subject: RE: Draft ltr to Houck - CONFIDENTIAL
Hi David,
That looks good to me. I just confirmed with Andy that the plug-ins have still not been taken care of. Fire away.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: David Doughman [mailto:David@gov-law.com]
Sent: Friday, February 02, 2018 2:12 PM
To: Gerald Fisher gfisher@cityofmolalla.com>
Cc: Kristen Ketchel - Bain Kristen@gov-law.com>
Subject: RE: Draft ltr to Houck - CONFIDENTIAL
Hi Gerald:
Thanks for that info. I’ve updated the letter. I am still requesting a response in seven days to respect the surety’s right to request a conference. Let me know if you have any concerns; otherwise we will try to get this out today.
David
David F. Doughman
Beery Elsner &Hammond LLP
From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]
Sent: Tuesday, January 30, 2018 5:11 PM
To: David Doughman
Cc: Kristen Ketchel - Bain
Subject: RE: Draft ltr to Houck - CONFIDENTIAL
Hi David,
Houck did make contact with our Operation Supervisor, Andy Peters and the subcontractor did come to the site to investigate, but to my knowledge the plugs have not been fixed to date. The contractor did have 10 days to correct from December 13, 2017 (see attached) and we have not received a written notification from them as to why it was not done. At this point, I am ready to move forward with exercising our right under 00170.85(b)(2) to make the repairs and deduct it from their $70,991.70. The only thing we haven’t done is notify their surety (See attached). I think they should be included in the letter as a recipient. I’m not sure if the bonding company needs to be included in moving forward with an electrician to fix the problem since they are not part of the project and Houck has not defaulted and walked off the job leaving it incomplete. Plus all moneys have not been paid out. Let me know what you think.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: David Doughman [mailto:David@gov-law.com]
Sent: Tuesday, January 30, 2018 2:27 PM
To: Gerald Fisher gfisher@cityofmolalla.com>
Cc: Kristen Ketchel - Bain Kristen@gov-law.com>
Subject: Draft ltr to Houck - CONFIDENTIAL
ATTORNEY-CLIENT PRIVILEGE ASSERTED
Hi Gerald:
Please take a look at the draft letter and let me know if you think I should change anything. Also, is there a punch list of remaining work still out there? I think it would make sense to catalogue all that remains in this letter.
Regards,
David
David F. Doughman
Beery Elsner &Hammond LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | f (503) 226 2348
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