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Tammie won't last another winter December 21, 2021
In May of 2018, Tamara Arend of Lansing had her roof replaced by Frederickson Construction Corporation, owned by Scott Frederickson of Bath. After a rainy week in September, water burst through from a roof leak, soaking carpets and damaging walls. Frederickson came and fixed the leak and then later sent a crew to repair the damage. The young crew managed to do further damage.
The moisture level in the home was very high and beginning to cause mold. An inspector with the City of Lansing's Development Office, through which the roof replacement was financed, advised her to open the windows and run fans.
Tamara burned out several de-humidifiers trying to take out the moisture, but it continued. She kept windows open even after it turned cold. Complaints to Frederickson and the Development Office went unanswered. The City Attorney's Office said it was "a personal, private legal matter and the City of Lansing has no liability associated with your claims."
When the Development Office inspector visited a day or so after the water first burst through, he expressed doubts about the roof venting. An independent inspection done in December of 2019 also took issue with the venting. From page 24 of the report:
A different Development Office inspector did an inspection in November 2019. In his report, he says that the gutters "are damaged with open joints, lack of end caps, and no downspout rendering the system ineffective in channeling storm water away from the structure." The independent inspection in December reached the same conclusion:
The gutters were fine before the roof replacement, new ones having been installed only a few years earlier. The roofers should have taken them down to prevent damage while working on the roof, but did not.
So it seems clear that the continuing moisture was due to improper roof venting and damaged gutters and downspouts, both the fault of Frederickson Construction.
She pleaded for help, contacting HUD, the office of U.S. Representative Slotkin, LARA and Lansing Mayor Schor's office. Getting help finding another place to live was complicated by the fact that she was not techically homeless. Her monthly income is $770 from social security disability and SSI.
Slotin's office tried to help, but the Lansing city officials would not meet with them.
In February of this year, the third winter Tamara had lived under these horrible conditions, I encouraged her to file a lawsuit against Frederickson Construction. I helped her find a lawyer, Jeffrey Ray of Lansing, and paid the $5,000 retainer. The lawsuit was filed in July. Frederickson's lawyers are Hackney, Odlum and Dardas of East Lansing. There was talk of negotiating an out-of-court settlement, but nothing came of it. Tamara wasn't asking much; just to be "made whole", which meant having her home restored, furniture replaced and legal costs paid. She bought the house in 2010 in a foreclosure sale for $9,900.
In May, her water heater quit working. It had a warranty, but when the plumber installed the new one, he found that it was not properly ventilated. The chimney was blocked with trash, and since there was a cap at the top, it could only have been put there deliberately. He was able to clean out some of it, but suspected damage to the chimney liner. Improper ventilation means that carbon monoxide was not being exhausted, allowing it to escape into the home. Not having the money to get the chimney fixed, Tammie has had to live without hot water.
Our hopes of resolving this before winter #4 are diminishing. Tamara just received the latest legal document, a Notice of Case Evaluation signed by 30th Circuit Court Judge Wanda Stokes. It is not scheduled until June 15, 2022 A case evaluation is mandatory for most civil cases in Michigan where the plaintiff is seeking monetary damages. A detailed explanation of the process can be found here. In short, the attorneys for both parties meet before a panel of 3 attorneys appointed by the court. They each present their cases and within 14 days, the panel issues an evaluation of liability with a dollar amount. The parties are given 28 days to accept or reject the amount in the liability award.
Although Mayor Andy Schor and his Development Office and his City Attorney have denied responsibility for this disaster - which happened under the supervision of his Development Office - and have offered her no help with housing, ultimate responsibility lies with Scott Frederickson. He botched the roof replacement. His unsupervised crew did further damage inside the home. Instead of pissing away money on lawyers and wasting time in our constipated legal system, he could have done the right thing and either fixed the damage or put Tamara Arend in another home comparable to what she had. He could have done so for under $100,000.
It is unlikely Tamara can survive another winter. Even if she does, it is unlikely she can recover from the damage already done to her health. She needs to get out of that house. Any ideas?
My previous stories on this:
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Living in the house soon became
unbearable. The
mold was ruining blankets, mattresses and dishware and making Tamara
sick. Her her living area was restricted from having to store her
furniture in the bedroom to keep it dry. The crew doing repairs had
broken the door on her shower so she could not use it without getting
water all over the floor. It was a corner unit model that had been
discontinued so she could not get replacement parts. Rodents invaded the
house, attracted by the mold gases. They chewed the wires and insulation
in the stove, making it inoperable.