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IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

INSULATED WALL SYSTEMS, INC.,      )
       Plaintiff,                                        )      Civil Action File No.:  
v.                                                          )           05A06942-9
RON MCKINNEY,                                   )        
      Defendant.                                     )


DEFENDANT’S RESPONSES TO PLAINTIFF INSULATED WALL SYSTEMS, INC.’S FIRST INTERROGATORIES TO DEFENDANT

COMES NOW Defendant Ron McKinney, and hereby files his responses and objections to Plaintiff Insulated Wall Systems, Inc.’s (hereinafter “Plaintiff”) First Interrogatories.

Interrogatory No. 1Please provide the names, addresses,telephone numbers and employers of all the individuals with whom you had contact concerning the original construction, and any remedial work or other work that was done on the residence related to the original construction, the dates of each contact and a summary of what was said or discussed during each contact.

Response to Interrogatory No. 1:
Defendant objects to Interrogatory No.1 on the grounds that is vague, overly broad and seeks irrelevant information not calculated to lead to the discovery of evidence admissible in this case. Notwithstanding these objections, Defendant states the following:
1.       INSULATED WALL SYSTEMS, INC. John J. Tabor,CEO, 4169 Clairmont Road, Chamblee, GA 30341, 770-986-8600.    
·       July 2004 thru last personal contact December 15,2004, Breach of Contract, with repudiation of contract, deceptive business practices, Conspiracy to conceal the commission of fraud, bad faith claims denying known defects, bad faith claims of contract fulfillment, conspiracy to intimidate and harass, attempted extortion, unlawful demands, unlawful lien.
2.      ATTORNEY FOR PLAINTIFF, Jana B. Tabor, 450 Arborshade Trace, Duluth, GA  30097-8068, (770) 814-8134, Barrickman Allred & Young, LLC   Attorneys atLaw, 5775 Glenridge Drive, Building A, Suite 100, Atlanta, Georgia 30328, (404)252-2230
·       1st date of contact a lawsuit, June 20,2005, Conspiracy to conceal the commission of fraud, bad faith, denying known defects, denying known failures to fulfill contract, conspiracy to intimidate and harass, repudiation of contract.
3.      C&M GUTTERWORKS, Clifford Sargeant, 1471 Woodhaven Lane, Monroe, GA  30655, 678-283-3484, 770-554-0197,(subcontractor for Gutters)  
·       Remedial work done, August 24, 2005, attempted to fix known defects in the gutter system.
4.      INSULATED WALL SYSTEMS, INC., Workman Adam & Ricardo (Siding, Windows), Jimmy(Windows), Keith Payne & Mac (Deck & Slab), 4169 Clairmont Road,Chamblee, GA 30341, 770-986-8600. Provided the labor.
·       No remedial work done, 1st contact September 2004 thru last contact around November 2, 2004, Known defects in the construction and installation of the work
5.      TED LANSING CORPORATION, Mike Entinger, (also Joseph, John, and Debbie), 4917 Golden Pkwy, Suite 100, Buford, GA 30518, (770) 831-3381. Providing information on actual order and ordering procedures.    
·       1st contact November 2004 thru present,
·       Windows not ordered or manufactured to the specifications of the contract
·       No order or delivery of tape necessary to install Housewrap per the specification of the contract
·       Proper ordering instructions for the windows made available to Plaintiff
6.      LANSING BUILDING PRODUCTS, Lynn Whyte, VP, Legal Dept., 8501 Sanford Drive, Richmond,VA 23228, 1-800-868-8779. Providing literature, brochures, product information,and ordering procedures.  
·       July 2005 thru present, Defects with the Windows, Housewrap and Siding etc.
7.      ATRIUM WINDOWS AND DOORS, Chris Reilly, (also Angie) 300 Welcome Center Blvd,Lexington, NC 27295, (336) 764-6400, 1-800-232-8916. Providing window information.
·       January 2005 thru present, Defects with the Windows and installation, etc.
8.      ROYALSIDING, Jody Smith, Outside Sales Rep Royal Products, address, 770-514-7729. Providing siding installation inspection and information.
·       August 2005 thru present, Defects with the installation of Siding etc.
9.      PACTIV BUILDING PRODUCTS, 2100 River Edge Parkway, Suite 175, Atlanta, GA  30328, 678-589-7300, Craig Lynch, Michael Boone, Rep for Pactiv Building Products, 404-353-8486. Providing housewrap information.
·       August 2005 thru present, Defects with the installation of housewrap, foam, and lack of taping, etc.
10.  GWINNETT COUNTY DEPARTMENT OF PLANNING & DEVELOPMENT, One Justice Square, 446 West CroganStreet, Lawrenceville, GA  30045,678-518-6000, 678-822-7551 Kenny Waldrip, Chief, 770-822-7550, Providing minimum standards for construction.
·       June 2005 - August 2005, Defects with the construction of deck and slab.
11.  MACON E. GOOCHBUILDING CONSULTANTS, INC. Macon Gooch, PE 629 Airport Rd, Lawrenceville, GA 30045-4474 (678) 442-1198. Providing engineers inspection report.
·       September 2005, Defects of the slab and deck construction.
12.  HOME INSPECTOR,James Crisp, 770 Stock Gap Rd., Monroe, GA 30656,  (770) 267-2714.  
·       November 8, 2004, Defects of the Deck, Slab, Siding,and Windows, work does not pass his inspection.
13.  INVESTIGATIVE HOME INSPECTIONS, Rob Donohue, 770-995-6305, 404-324-7537. Will come inspect when and if needed.  
·       August 2005, Defects in Siding, Windows, Slab and Deck
14.  WELDON HOME EXTERIORS, Lee Weldon, Buford, GA 30518, (770) 932-6568. Preparing quote for redoing siding and windows.
·       August 2005 thru present, Defects in Siding and Window installation, etc.
15.  ATLANTA HOME TECHNOLOGIES, INC., Bill Lambdin, 4662 Burns Rd., Lilburn, GA 30047, (770)923-9709, (678) 409-1111. Preparing quote on redoing windows.
·       August 2005 thru present, Defects in Siding and Window installation, etc.
16.  SEQUOYAH VINYL CREATIONS, INC., Thomas Vaughn, 1245 Lower Birmingham Rd., Canton, GA 30115,(678) 393-8205, (404) 925-5678 or (404) 925-5680, 678-393-1909. Preparing quote on redoing everything.
·       August 2005 thru present, Defects of the Siding,Windows, Deck and Slab, etc.
17.  HARDSCAPES, Brian Beaty, 2910 Buford Drive, NE #1125, Buford, GA 30519, (678) 852-1081. Preparing quote on redoing slab.
·       August 2005 thru present, Defects of the slab construction.
18.  BORDER MAGIC OF ATLANTA, LLC, Zandy Wyckoff, 3024 Sparrow Circle, Duluth, GA 30096, Rick Lorenz, 404-545-7182. Preparing quote on redoing slab.
·       August 2005 thru present, Defects of the slab construction.
19.  TCS CONSTRUCTION SERVICES, Jim Ferguson, 770-338-1664, 678-873-7854. Preparing quote on redoing deck.
·       August 2005 thru present, Defects of the Deck construction.
20.  SD&B SERVICES, Dan Bishop, 5963 Overby Road, Flowery Branch, GA 30542, 770-540-8904, (Preparing quote on redoing deck and slab).
·       August 2005 thru present, Defects of the slab and deck construction.
The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

Interrogatory No. 2 Please state, in specific detail, or list all of the defects that you have discovered in the original construction.

Response to Interrogatory No. 2:
Defendant responds as follows:
1.      Deck not to code, structurally defective, unsafe, unsound, damaging house, not properly set on footers, not properly attached to the house, etc., etc.
2.      Slab not to code, not smooth, drains improperly, not level, structurally defective, unsound, damaged, will not function for the purpose contracted, no footers, no vapor barrier, unsightly bowed sides, jagged broken and unfinished edges, etc.,etc.
3.      Windows with no argon gas, do not meet contract specifications, improperly installed,and voided warranty, fraud in the inducement.
4.      Housewrap seams not taped or sealed properly under Vinyl Siding, does not meet contract specifications, fraud in the inducement
5.      Improper installation of Vinyl Siding, unlevel, no starter strips, no wood replaced where removed, no drain holes in j-channel etc., etc.
6.      Damaged Sheet rock around two windows excessively, poor workmanship and not as agreed
7.      Unfinished Stonework mortar around two windows, poor workmanship and not as agreed.
8.      Gutters not draining properly, allowing water to damage fascia and so fits.
9.      Damaged window screens, torn/cut, preventing use of windows.
10.  No vinyl shutters installed, specified in contract.
11.  Poor jobsite cleanup, jobsite left an unsafe mess the entire time, when a dumpster had been promised.
12.  Failure to provide all labor, materials or tools, required Defendant to provide, workman subjected Defendant to constant whining over Plaintiff’s lack of providing the necessary materials.  
The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

Interrogatory No. 3 Please state, in specific detail, the problems you have experienced as a result of the alleged defects in Original Construction.

Response to Interrogatory No. 3:
All the work in one way or another fails to meet the specifications in the contract, clearly not the quality standards promised of good and workmanlike or in accordance with rules, regulations, ordinances, does not pass code on inspection, deck is unsafe and causing damage to the bay area, slab is sinking and cracking etc. The Defendant’s back was injured attempting to make the deck safe for his family and reduce the damage occurring to the residence. All work needs to be redone in order to comply with the contract.The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

Interrogatory No. 4 Please state, in specific detail, when and how Defendant learned of the alleged defects in the original construction.

Response to Interrogatory No. 4:
Defendant and Defendant’s wife observed the whole installation as it was occurring and complained to John Tabor and the workman of the defects in workmanship as they were observed first hand while the work was being improperly done. The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

Interrogatory No. 5 Please itemize in specific detail all of the damages, both past and future, you contend you sustained or will sustain as a result of the alleged defects in the original construction and please state, in specific detail, how you arrived at the amount of each alleged damage.

Response to Interrogatory No. 5:
Itemized damages estimated for past and future:
1.      Estimated over $5000.00 to tear out and rebuild the improperly done slab, still obtaining quotes.
2.     Estimated over $16,000 to take off all the siding and tape the housewrap seams, replace the missing wood, flash and seal around windows, doors, and chimney, then reinstall siding, still obtaining quotes.
3.    Estimated over $6000 to tear out the windows and install the windows that should have been installed, still obtaining quotes.
4.    Estimated over $5,500 to tear out and rebuild the deck to code, still obtaining quotes.
5.    Estimated over $1,000 to repair the damage to the bay area, still obtaining quotes.
6.    Estimated over $1000 to repair damaged sheetrock, still obtaining quotes.
7.    Estimated over $200 to finish mortar in stonework, still obtaining quotes.
8.    Estimated over $500 to repair leaky gutter damage, still obtaining quotes.
9.    Estimated over $200 for cleanup of jobsite
10.  Estimated over $200 to fix damaged driveway, still obtaining quotes.
11.  Estimated over $25,000 for medical expenses for back injury sustained while attempting to repair unsafe and improperly done work.
12.  Estimated over $10,000 for loss of Defendants services for the care of his family.
13.  Estimated over $15,000 for legal expenses.
14.  Subjected Defendant and Defendant’s family to intentional infliction of emotional distress by unlawful demands, conspiracy and attempted extortion for $16,000, abusive litigation, and repudiation of contract.
15.  Suffered damages and harm by deception thru violations of the Fair Business Practices Act of 1975.  
The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

Interrogatory No. 6
Please state, in specific detail, the facts and information you have to support the allegations that the original construction was defective.

Response to Interrogatory No. 6:
Please see the manufacturers documentation,installation manuals, and reports from the Home Inspector, the Professional Engineers Report, as well as the opinions of the professional contractors that point out similar areas of improper installation in documents that will be produced to Plaintiff. Additionally, see response to Interrogatories No. 1, 2,3, 4, and 5 and documents that will be produced to Plaintiff. The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

Interrogatory No. 7
Please state what you contend the differences in the fair market value of the residence is in its original construction as compared to what the fair market value would have been if the residence had been constructed without any of the alleged defects, and please state, in specific detail, how you arrived at that difference in fair market value.

Response to Interrogatory No. 7:
Defendant objects to this Interrogatory on the grounds that it is vague. Defendant presumes that this request seeks the difference in the current value of Defendant’s residence with the poorly done work and the value of the residence had Plaintiff correctly performed the work. At the minimum the amount is equal to the cost to repair or replace the work improperly done. The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

Interrogatory No. 8 If the residence has been appraised at your request or at the request of anyone since you purchased the residence, please provide the name, employer, address and telephone number of each individual who has appraised the residence.

Response to Interrogatory No. 8:
An appraisal has not been done on the residence. The values to be used for calculations will be taken from the current tax appraisals, and or current real estate market data.

Interrogatory No. 9 Please provide the name, employer, address and telephone number of all persons who have provided estimates concerning repair or who have actually done repairs of the alleged defects in the original construction.

Response to Interrogatory No. 9:
Arrangements for estimates are still being made and there have been no repairs done to Plaintiff’s original construction, not EVEN by Plaintiff.
1.      WELDON HOME EXTERIORS, Lee Weldon, Buford, GA 30518, (770) 932-6568. Providing estimates for redoing the vinyl siding and windows.
2.      ATLANTA HOME TECHNOLOGIES, INC., Bill Lambdin, 4662 Burns Rd., Lilburn, GA 30047, (770)923-9709, (678) 409-1111. Providing estimates for redoing the windows.
3.      SEQUOYAH VINYL CREATIONS, INC., Thomas Vaughn, 1245 Lower Birmingham Rd., Canton, GA 30115,(678) 393-8205, (404) 925-5678 or (404) 925-5680, 678-393-1909. Providing estimates to redo all work.
4.      HARDSCAPES, Brian Beaty, 2910 Buford Drive, NE #1125, Buford, GA 30519, (678)852-1081.  Providing estimates for redoing the slab.
5.      BORDERMAGIC OF ATLANTA, LLC, Zandy Wyckoff, 3024 Sparrow Circle, Duluth, GA 30096,Rick Lorenz, 404-545-7182. Providing estimates for redoing the slab.
6.      SD&B SERVICES, Dan Bishop, 5963 Overby Road,Flowery Branch, GA 30542, 770-540-8904. Providing estimates for redoing the deck and slab.
7.      TCS CONSTRUCTION SERVICES, Jim Ferguson, 770-338-1664, 678-873-7854. Providing estimates for redoing deck.
8.      SEARS,John Sylvia, 404-428-0176, 1-800-749-7499. Providing quote for siding and windows.
9.      HOMEDEPOT, Dick Uhlmeyer, 770-842-2100. Providing quote for siding, gutters, and windows.
10.  RJD EXTERIOR DESIGNS INC., R. J. Dudik, 345 Old Oxford Road, Covington, GA  30014, 770-787-7035. Providing quote for siding, gutters, windows, and decks.
The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

Interrogatory No. 10 State the names and address of any and all experts retained or consulted by or on behalf of Defendant, and the technical field in which you claim they are expert. With regard to any such expert that you expect to call as an expert witness at the trial of this case, please state the following:
(a) The expert’s name, residence and business address;
(b) The subject matter on which the expert is expected to testify;
(c) The substance of the facts and opinions to which the expert is expected to testify;
(d) A summary of the grounds for each opinion;
(e) Whether such expert has furnished to you or your attorney a written report, and, if so, the date of such report and the person having possession and control of such report; and
(f)   The date on which the expert was first retained.
Response to Interrogatory No. 10:
Defendant has not yet retained an expert in this matter regarding the work, however the following have been retained for treatment of Defendants injuries to his back. When experts are needed their names have been given under Interrogatory No.1.
1.      MEDICALDOCTOR, Dr. Linda Casteel, 3725 Zoar Road, Snellville, GA  30039, 770-979-1818. August 9, 2005
2.     NEUROSURGEON, Dr. Elias Dagnew, 1700 Tree Lane Rd. Suite 430, Snellville, GA  30078 770-979-8080. August 18,2005
3.      RADIOLOGY,MRI & Imaging of Georgia, 2151 Fountain Drive, Suite 203, Snellville,GA  30078, 770-985-9040. August 23, 2005

Interrogatory No. 11 State the name, address, telephone number, place of employment, job title or capacity and present whereabouts of each person who, to your knowledge, information or belief has any knowledge of any facts or circumstances upon which your allegations that the original construction on the residence by the Plaintiff is based.  Please state what facts or circumstances concerning this case are known or claimed to be known by each person listed by you in response to this interrogatory.

Response to Interrogatory No. 11:
Defendant objects to this request on the grounds that it is vague, overly broad and seeks irrelevant information not calculated to lead to the discovery of evidence admissible in this case.
The Plaintiff’s Representative John Tabor and his workman, the Defendant and the Defendant’s wife, along with many of Defendant’s neighbors have first hand knowledge of the facts and/or circumstances of the contract and the work poorly performed by Plaintiff. The home inspectors, the vinyl siding contractors, the cement contractors, the window contractors, the deck contractors, as well Ted Lansing Corporation, Atrium Windows and Doors, all have knowledge of how Plaintiff negligently performed under this contract for work to be done on Defendant’s residence. The names and contact information for these individuals are listed in response to Interrogatory No.1 and No. 9.

Additionally the Defendant has filled complaints with and/or spoken with the following regarding the events involving Insulated Wall Systems:
1.      GWINNETT COUNTY DEPARTMENT OF PLANNING & DEVELOPMENT, One Justice Square, 446 West Crogan Street, Lawrenceville, GA  30045,678-518-6000, 678-822-7551 Kenny Waldrip, Chief, 770-822-7550
2.      THE BETTER BUSINESS BUREAU of Georgia, 503 Oak Place, Suite 590, Atlanta, GA,30349, 404-766-0875, faxed copy of BBB complaint, and copy of John’s letter 8/23/05. 3.      THE GEORGIA GOVERNOR’S OFFICE OF CONSUMER AFFAIRS, 2 Martin Luther King, Jr. Drive,Suite 356, Atlanta, Georgia 30334 (404) 657-7544 or 1-800-805-7544, (404)656-3790. Faxed copy of BBB complaint, and copy of John’s letter.
4.      CHAMBLEE CITY HALL, Linda McDaniel, 770-986-5010, 770-986-5014 faxed copy of BBB complaint, and copy of John’s letter 8/24/05
5.      THE SECRETARY OF STATE, Corporations Division, 404-656-2817
6.      THE DISTRICT ATTORNEY OF GWINNET COUNTY, Danny Porter, Gwinnett County Justice and Administration Center, 75 Langley Drive, Lawrenceville, GA 30045-6935,770-822-8400
7.      TEAM CLARK HOWARD, WSB Radio, 1601 W. Peachtree St. N.E., Atlanta, GA 30309-2641,404-892-8227, 8/23/05  
8.      CUSTOMER, Larry Grover, 960 White Birch Way, Lawrenceville, GA  30043-3446, (770) 963-3641, Contract Date March 8, 1999, work ended April 1999, filed Lien August 26, 1999, claiming work ended August 2,1999, filed suit January 9, 2001. Settled due to extensive litigation costs.
9.      ATTORNEY, Michael Crain, 337 South Milledge Ave., Suite 228, Athens, Georgia 30605,1-706-548-0970, Council for Larry Grover, Superior Court File ID: 01-A-00270-3,Insulated Wall Systems v. Grover et al.
10.  CUSTOMER, Judy Maloney and Andrew Binegar, 3403 Woodlaurel Drive, Snellville, GA  30078, 770-979-5824, Contract Date November 22, 2004, Insulated Wall Systems filed lien April 15, 2005, claiming work ended February 1, 2005, even though paid for on January 15, 2005.
11.  CUSTOMER, Homer McCraw, 3530 Spring Creek Circle, Snellville, GA  30039, 770-978-0914, given as job reference, defective siding noticed and John Tabor was told, he later claimed it was taken care of it, over a year later its still the same.

The investigation and discovery is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

This ______ day of September 2005.

IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA

INSULATED WALL SYSTEMS, INC.,      )
       Plaintiff,                                        )      Civil Action File No.:  
v.                                                          )           05A06942-9
RON MCKINNEY,                                   )        
      Defendant.                                     )


DEFENDANT’S RESPONSES TO PLAINTIFF INSULATED WALL SYSTEMS, INC.’S SECOND INTERROGATORIES TO DEFENDANT


COMES NOW Defendant Ron McKinney, and hereby files his responses and objections to Plaintiff Insulated Wall Systems, Inc.’s (hereinafter “Plaintiff”) Second Interrogatories.


2nd Interrogatory No. 1 Please provide the names, addresses,telephone numbers and employers of all the individuals with whom you had contact concerning the Replacement Construction including but not limited to,those who performed the Replacement Construction.

Response to 2nd Interrogatory No. 1:
Defendant objects to 2nd Interrogatory No.1 on the grounds that is vague, overly broad and seeks irrelevant information not calculated to lead to the discovery of evidence admissible in this case. Notwithstanding these objections, Defendant states the Replacement Construction is ongoing. The following were contacted or had contact with the Defendant or someone acting on his behalf regarding the Replacement Construction and the ongoing Replacement Construction:
1.       INSULATED WALL SYSTEMS, INC. John J. Tabor,CEO, 4169 Clairmont Road, Chamblee, GA 30341, 770-986-8600.
2.      ATTORNEYFOR PLAINTIFF, Jana B. Tabor, 450 Arborshade Trace, Duluth, GA  30097-8068, (770) 814-8134.  
3.      ATTORNEYFOR PLAINTIFF, F. Scott Young, Barrickman Allred & Young, LLC   Attorneys at Law, 5775 Glenridge Drive,Building A, Suite 100, Atlanta, Georgia 30328, (404) 252-2230.
4.      CHAMPIACORPORATION, Scott Berlyoung, Plaintiff’s Home Inspector, 336 Lamplight Lane Marietta, Georgia  30067,770-953-0767.  
5.      LANSINGBUILDING PRODUCTS (formerly TED LANSING CORPORATION), Mike Entinger, 4917 Golden Pkwy, Suite 100, Buford, GA 30518, (770) 831-3381.
6.      LANSINGBUILDING PRODUCTS, Lynn Whyte, VP, Legal Dept., 8501 Sanford Drive, Richmond,VA 23228, 1-800-868-8779.  
7.      ATRIUMWINDOWS AND DOORS, Chris Reilly, 300 Welcome Center Blvd, Lexington, NC 27295,(336) 764-6400, 1-800-232-8916.
8.      ROYALBUILDING PRODUCTS, Ron Snow, Sales Rep Royal Products, addresses unknown,770-845-2937.  
9.      ROYALBUILDING PRODUCTS, Mike Franck, District Sales Representative, Division of Royal Group Technologies, Inc., 770-845-2937.
10.  SIMONTON WINDOWS, David Bachrack, District Sales Manager, 5300 Briscoe Road,Parkersburg, WV 26102-1646 800-542-9118.
11.  MCCLURE-JOHNSTON COMPANY, Jon Smallwood, Sales Representative, 1700 Wilson Way, Atlanta, GA 30082 800-268-3054.  
12.  HOUSE SMART INC., Keith Cook, 925 Northpoint Parkway - Suite 400 Alpharetta, GA 30005 Telephone: 770 988-9929.
13.  MACON E. GOOCHBUILDING CONSULTANTS, INC. Nathan and Macon Gooch, PE 629 Airport Rd, Lawrenceville, GA 30045-4474 (678) 442-1198. Provided engineers inspection report.
14.  SEQUOYAH VINYLCREATIONS, INC., Thomas Vaughn, 1245 Lower Birmingham Rd., Canton, GA 30115,(678) 393-8205, (404) 925-5678 or (404) 925-5680, 678-393-1909. Thomas Vaughn,Gail Vaughn, Steven Vaughn, and subcontractors whose names are unknown.
15.  DECKS BY JEFF,Jeff Pettigrew, 11763 Bells Ferry Rd., Canton, GA 30114, 770-720-4500,404-861-7622, Jeff Pettigrew and his workers.
16.  HARDSCAPES,Brian Beaty, 2910 Buford Drive, NE #1125, Buford, GA 30519, (678) 852-1081.
17.  TCSCONSTRUCTION SERVICES, Jim Ferguson, 770-338-1664, 678-873-7854.  
18.  SD&B SERVICES,Dan Bishop, 5963 Overby Road, Flowery Branch, GA 30542, 770-540-8904.
19.  TROTTER COMPANY,Foundation Repair, 2614 Chestnut Drive, Atlanta, GA  30360, 770-458-0810  

The investigation, discovery and reconstruction of the defective Original Construction is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

2nd Interrogatory No. 2 Please state, in specific detail what specific items of Original Construction were removed or altered during the Replacement Construction including what became of the items of Original Contraction after removal.

Response to 2nd Interrogatory No. 2:
Defendant responds as follows:
All Window materials that were a part of the defective Original Construction were removed, and stored onsite until the deadline for retrieval by Plaintiff on August 18, 2006 had past. Notice was given that the materials would be available for retrieval by Certified Mail to Plaintiff and both Plaintiff’s Attorneys on August 10, 2006. Plaintiff waived any right to the materials by not responding by the August 18, 2006 deadline. Eventually the windows were offered to the Gwinnett Habitat For Humanity and Atlanta Habitat For Humanity, and FCS Community Economic Development, Inc. Home Resource and Furniture Center, a Partner of FCS Urban Ministries. The Windows were picked up on or about August 24, 2006 and will go to serve the needy and disabled.

New Vinyl Windows containing Argon gas, which are comparable in quality as contracted for were ordered with the nailing flange and j-channel to allow proper installation. The new windows were installed using the required window tape to protect the homes exterior envelop in compliance with the building code requirements. The Defendant has noticed a marked difference in the sound level due to the presence of the argon gas that was contracted for with Plaintiff, and Plaintiff hid the fact it failed to supply.

All Vinyl Siding materials that were a part of the defective Original Construction were removed, and stored onsite until the deadline for retrieval by August 18, 2006 came and went. Eventually a dumpster was used to haul them all away. New Vinyl Siding materials comparable in quality were properly installed according to the manufacturers installation instructions and in compliance with the (VSI) Vinyl Siding Institute instructions, which is required for the product to be under warranty.

The homes original wood siding was so completely damaged around the windows when Plaintiff removed the homes original windows improperly that the homes wood siding was not salvageable. Additionally it was found that the homes original wood siding was severely damaged from the nailing of Plaintiff’s siding, which necessitated the complete removal of both the original wood siding and the foam sheathing underneath it. It was necessary for these materials to be replaced for a proper installation of new vinyl siding and new windows to occur and they were replaced with OSB boards. When Plaintiff’s vinyl siding was being removed, the Replacement Construction workers had only to pull on the siding by hand to remove it, as it was not nailed properly into a solid foundation and would not have held up under a good strong wind. Improper installation voids the warranty on vinyl siding.
In the process of removing the damaged wood siding it was revealed that Plaintiff by and through its workers knew or should have known that they were improperly installing the vinyl siding by nailing it into severally water damaged rotten wood on both the Bay area and the Fireplace area. In order for Plaintiff to have installed its siding properly, Plaintiff would have needed to remove the rotten wood in these areas and replaced it with good wood. The Bay and Fireplace areas were completely reframed and rebuilt during the Replacement Construction in order to provide a proper surface structure for vinyl siding to be nailed into.
It was further found that inside the water damaged fireplace area pine needles and other debris presented a clear fire hazard to the Defendant and his family had they used the fireplace. Plaintiff’s negligence in improperly installing its siding over rotten wood left the home and Defendant’s family in potentially grave jeopardy. Plaintiff by and through its workers were responsible for knowingly covering up water damaged rotten wood with their vinyl siding in direct violation of the manufacturers installation instructions and in direct conflict with what John Tabor had said and agreed would be done under his contract.
Additionally it was also revealed that Plaintiff’s workers had shoved food garbage, clothing and rags into a hole that they found in the original wood siding. A receipt found in a bag of food garbage showed a date that was during the time Plaintiff’s workers were at the residence.

All improper Deck flashing materials were removed as they were corroded completely through. The flashing Plaintiff had used was of an improper type for use with the treated wood of the deck. The proper type of flashing material was put back in its place. The unsafe and improperly built Deck that was collapsing was jacked up and temporarily secured to the house.

The unsafe deck built by Plaintiff has now been demolished and is in the process of being rebuilt. Plaintiff’s materials are available to be reclaimed. A Certified Notice of this fact was signed for at the residence and business addresses of the Plaintiff’s attorney. A notice was sent regular mail to Plaintiff, because Plaintiff refuses to sign for Certified Mail sent to it at the business location it lists with the Secretary of State Corporations Division and the Chamblee City Hall where Plaintiff obtained its business license. It turns out the location Plaintiff lists is really the home of an individual, possibly by the name of Gary Mac Hilton who is associated in some way with Plaintiff and John Tabor, possibly as a tenant living in the home and possibly as an employee.

It was revealed during the demolition of the deck that the nails Plaintiff used were totally insufficient, were not the right kind of nails, were not in fact long enough to hold the deck boards in place, and had rusted severely. The deck support posts only extended into the ground by 6 inches, were not on proper footings, and were not protected from contact with water from the soil. The 4x4 support posts Plaintiff used were too long to be used safely as supports for this high of a deck. The construction code requires 6x4 or larger support posts for heights over 8 feet high. The 4x4 support posts Plaintiff defectively constructed the deck with measured 10 ½feet high. 

The deck band constructed by Plaintiff was not the proper size. It should have been a 2x10 double band and it was only a 2x8 single band. The joist hangers Plaintiff used were improperly nailed and the nails had rusted. The improperly installed deck joists were pulled free from the hangers without even removing the nails on a majority of the hangers,demonstrating how totally unsafe the deck construction actually was. This also explains in part why the deck began to collapse when only a few deck boards were removed along the house to replace the flashing during the siding reconstruction.

It was further found that the improperly constructed and defectively built deck provided by Plaintiff had been knowingly attached to the home into a water damaged and rotten support band on the house. It was clear that the damaged wood was present and was covered over and concealed by Plaintiff by and through its workers.
The investigation and discovery into the defectively constructed slab and the reconstruction of it is ongoing and Defendant will supplement this response as additional information and understanding becomes available.

2nd Interrogatory No. 3  Please identify the present owner of the Residence including that person or entity’s name and address. Also, please state how and when the Residence was transferred to said present legal owner.

Response to 2nd Interrogatory No. 3:
In responding to 2nd Interrogatory No. 3, Defendant objects to it in its entirety to the extent that the question proposed is not reasonably calculated to lead to the discovery of admissible evidence, and it is interposed for nothing but harassment and is irrelevant to the matters at issue in this case. Plaintiff has made no showing of substantial circumstances as required by O.C.G.A. 9-11-26(b)(4)(B) that would require Defendant to supply information Plaintiff already possesses. Subject to said objections and without waiving same, Defendant states that the information requested is available from the public property records and has been obtained by Plaintiff from that official source and that record speaks for itself.

2nd Interrogatory No. 4 Are you a tenant of the present legal owner of the residence? If so, please state how rental payments are presently made to the legal owner.

Response to 2nd Interrogatory No. 4:
In responding to 2nd Interrogatory No. 4, Defendant objects to it in its entirety to the extent that the question proposed is not reasonably calculated to lead to the discovery of admissible evidence, and it is interposed for nothing but harassment and is irrelevant to the matters at issue in this case. Subject to said objections and without waiving same, Defendant states that he is not a tenant. The Defendant is the authorized caretaker of the property. Defendant states that he is authorized and competent to sign a contract as the purchaser.
This ______ day of September 2006.
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