Eric Dixon
From: To: Cc:
Eric Dixon
Sent:
Attach: Subject:
Hi Steve, Please read the attached memo. You need to put together a letter this week. Outline the insured getting his own engineer at his own expense. The insured is welcome to the samples left at Ninyo & Moore. He can contact Steve Nowaczyk(project engineer) at 602.243.1600 to arrange for pick-up. Remind him that the Reservation of Rights still remains in effect. Let him know that we would like to have another leak detection done ht our expense . i to make sure no other leaks(per engineer report).
4
We also need to inform that per the engineer report, we are willing to make the cosmetic fixes to his drywall, doors, windows, hardwood floor(if needed). tell him that engineer report states that it is not conclusive that these defects were caused by pipe break but possible. Therefore, in a good faith effort, we are willing to pay for those repairs. The engineer has ruled out settling of slab from water breaks so we do not owe any repairs. Inform him that the engineer opinion is that the house is settling naturally and is within normal construction tolerances for house of its age. Steve, inform them you will need to inpect with an expert so we can determine how to repair them correctly. Take Semmens or someone like that along with a qualified contractor. Go out with both at the same time. Write up your own bid and contractor do the same per the engineer recommendations for the repairs. We can show our engineer Ninyo & Moore's report. Until I let you know differently, don't give report to insured. Write up your letter, let me or Oscar review before it is sent. Thanks Steve, I know this takes dot of work on your part. But we gotta do it. Eric
Case 2:03-cv-01277-SRB
Document 206-4
Filed 09/21/2005
Page 1 of 1
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