Preview
Filed: 8/31/2020 5:12 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 45852773
By: Shailja Dixit
9/1/2020 8:09 AM
CAUSE NO. 19-CV-0340
ROBERT WELCH AND § IN THE DISTRICT COURT OF
JENNIFER WELCH §
Plaintiffs, §
§ GALVESTON COUNTY, TEXAS
vs. §
§
GREENECO BUILDERS, L.L.C. § 122ND JUDICIAL DISTRICT
Defendant
PLAINTIFFS’ RESPONSE TO DEFENDANT’S FIRST AMENDED PLEA IN
ABATEMENT, ORIGINAL ANSWER, AND VERIFIED DENIAL
COME NOW, Robert Welch and Jennifer Welch (“Plaintiffs”), and files this
Response to Defendant’s First Amended Plea in Abatement, Original Answer, and Verified
Denial, and would respectfully show the Court the following:
1. Defendants request abatement of this matter – for the fifth time. The case
has been abated already three separate times. Defendant’s last request was denied.
Defendant asserts abatement on the same ground that Plaintiffs did not comply with the
pre-suit requirements of the RCLA and a new ground under the DTPA. Neither position
merits abatement.
2. Plaintiffs notified Defendant of their claims prior to filing suit.1 While the
case was abated, Plaintiffs provided three expert reports detailing the defects in the home.2
Defendant has been put on notice – in excruciating detail – of Plaintiffs’ home defect
claims. While it is true that Plaintiffs recently amended their petition to include a specific
1
See Affidavit of Plaintiff, attached hereto as Exhibit A; See also Notice letter, attached hereto as Exhibit A-1.
2
See Apollo BBC Report, attached hereto as Exhibit B; See also A.Q. Testing Services, LLC Mold Remediation
Protocol, attached hereto as Exhibit C and DD Mechanical Services Report, attached hereto as Exhibit D.
PAGE 1 OF 3
reference to claims under the Deceptive Trade Practices Act, the pleading merely recasts
Plaintiffs previously asserted and plead RCLA claim and breach of implied warranty claim.
In other words, Defendant has been on notice of these claims from the inception of this
litigation.
3. Moreover, the DTPA is superseded by the notice provision in Texas Property
Code §27.004 (“RCLA Notice”). Specifically, Texas Property Code §27.002(b) provides:
“. . . to the extent of conflict between this chapter and any other law, including the
Deceptive Trade Practices-Consumer Protection Act . . . this chapter prevails.” Naturally,
due to the conflict between the notice provision in Texas Business and Commerce Code
§17.505(a) and Texas Property Code §27.004, the notice provision in Texas Property Code
Chapter 27 prevails. Specifically, although both notice provisions require 60 days, via
certified mail, the Texas Property Code provides for specific inspection deadlines. Because
Plaintiffs have complied with the more stringent notice requirement under the RCLA and
because the claims involve the same operative facts and legal positions, adequate notice
was provided to Defendant on both claims.
4. Should the court find that the DTPA notice requirement is not superseded by
the RCLA notice requirement, then the Plaintiffs would further request that the court also
find the remaining portions of the DTPA are not superseded, including the damages portion
of the DTPA.
PAGE 2 OF 3
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that this matter is not
automatically abated, and that Plaintiffs have any other relief which they are justly entitled.
Respectfully submitted,
THE FAUBUS FIRM
By: /s/ Dax O. Faubus
Dax O. Faubus
State Bar No. 24010019
1001 Texas Avenue, 11th Floor
Houston, Texas 77002
Telephone: (713) 222-6400
Facsimile: (713) 222-7240
dax-notice@faubusfirm.com
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document has been served
upon all counsel of record on August 31, 2020 as follows:
Via E-Mail:
H. Miles Cohn
Joe R. Savoie
Crain, Caton & James
1401 McKinney Street, 17th Floor
Houston, Texas 77010
mcohn@craincaton.com
savoie-efile@craincaton.com
Counsel for Defendant
By: /s/ Dax O. Faubus
Dax O. Faubus
PAGE 3 OF 3
EXHIBIT A
CAUSE NO. 19-CV-0340
ROBERT WELCH AND § IN THE DISTRICT COURT OF
JENNIFER WELCH §
Plaintiffs, §
§ GALVESTON COUNTY, TEXAS
vs. §
§
GREENECO BUILDERS, L.L.C. § 122ND JUDICIAL DISTRICT
Defendant
PLAINTIFF’S AFFIDAVIT
The undersigned, being duly sworn, states that:
1. “I am over 18 years old and competent to make this Affidavit. My name is
Robert Welch, I am the Plaintiff in this matter and the owner of 303 Sea Breeze Drive,
Bacliff, Texas 77518. I am duly authorized to make this affidavit.
2. I purchased my home on June 12, 2014.
3. Shortly after purchasing the home, I discovered mold growing in my home
and promptly notified Greeneco Builders, L.L.C.
4. On November 14, 2018, my attorney served notice on Greeneco Builders,
L.L.C., informing them of the defect related Greeneco Builders, L.L.C. with an opportunity
to inspect. Attached hereto as a true and correct copy of this document is Exhibit A-1 and
made part hereof.
5. Also, on September 25, 2019, September 26, 2019 and June 8, 2020 my
attorney served on Greeneco Builders, L.L.C. the expert reports of Reid Middlebrooks,
Linda Lauver and David Kunetka, respectively. These reports set out the defects in my
home.
PLAINTIFF’S AFFIDAVIT PAGE 1 OF 2
EXHIBIT A1
November 14, 2018
Via CM RRR#7017 2620 0000 8168 1489 and
Regular U.S. Mail
Greeneco Builders, LLC
21408 Provincial Blvd.
Katy, Texas 77450
Via CM RRR#7017 2620 0000 8168 1496 and
Regular, U.S. Mail
Greeneco Builders, LLC
c/o Patsy Kopecky
1259 C.R. 154
Columbus, Texas 78734
Re: 303 Sea Breeze Drive, Bacliff, Texas 77518
To Whom it May Concern:
My firm represents Robert and Jennifer Welch in their claims against Greeneco
Builders, LLC (“Greeneco”) regarding their claims for defects relating to Greeneco’s
design and construction of their home.
The home has substantial mold growth and elevated mold spore counts throughout.
We are still in the early stages of our investigation, however, I have enclosed preliminary
and limited mold spore readings for the home. Please allow this letter to serve as notice
to Greeneco pursuant to Texas Property Code §27.004(a).
As you know, Greeneco has 35 days from today to inspect the property and 45
days to make a reasonable offer of settlement that addresses the mold problem and its
cause. Your settlement offer should include:
1. The cost to remedy the source of moisture that is causing mold growth in the
home;
2. The cost to comprehensively remediate the mold from the home;
3. The cost to rebuild the home following remediation;
4. The cost to remediate (clean) or replace contents affected by mold;
5. The cost my clients will incur in additional living expenses (including, but not
Dax O. Faubus, Partner The Faubus Firm • 1001 Texas Ave., 11th Floor • Houston, Texas 77002
Dax-notice@faubusfirm.com Telephone: 713.222.6400 • Facsimile: 713.222.7240 • www.faubusfirm.com
WELCH 000558
Greeneco Builders, LLC
November 14, 2018
Page -2-
limited to, rent) while the home is being remediated;
6. The costs incurred by my clients for consultants engaged to determine the
extent of the home’s defects and damages; and
7. Compensation for my clients’ attorney’s fees, which will be 40% of the costs
referenced above).
Obviously, making my clients’ home habitable is of upmost importance to them,
so I request your immediate and sincere attention to this matter.
Very truly yours,
Dax O. Faubus
DOF/dlg
Enclosures
Dax O. Faubus, Partner The Faubus Firm • 1001 Texas Ave., 11th Floor • Houston, Texas 77002
Dax@faubusfirm.com Telephone: 713.222.6400 • Facsimile: 713.222.7240 • www.faubusfirm.com
WELCH 000559
AQ Testing Services
Ms. Linda Lauver
P.O. Box 389
Katy, TX 77492 USA
(281) 391-9604
INSPECT.
EMLab P & K
ANALYZE. INTERPRET .
Mold
REPORT"
www.MoldREPORT.com
i nfo@MoldREPORT.com
Approved by: Dates of Analysis:
MoldReport Spore trap: 10-09-2018 and 10-09-2018
Technical Manager
Magzoub Ismail
Service SOPs: MoldReport Spore trap (EM-MY-S-1038)
AIHA-LAP, LLC accredited service, Lab ID #193549
All samples were received in acceptable condition unless noted in the Report Comments portion in the body of the report. Due to
the nature of the analyses performed, field blank correction of results is not applied. The results relate only to the items tested.
The analytical sensitivity is the spores/m3 divided by the raw count. The limit of detection is the analytical sensitivity multiplied
by the sample volume divided by 1000.
EMLab P&K ("the Company") shall have no liability to the client or the client's customer with respect to decisions or
recommendations made, actions taken or courses of conduct implemented by either the client or the client's customer as a result
of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results except for
the Company's own willful misconduct or gross negligence nor shall the Company be liable for incidental or consequential
damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law, even if the Company has been
advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to
the Test Results exceed the amount paid to the Company by the client therefor.
EMLab P&K, LLC EMLab ID: 2018284, Page 1 of 3
WELCH 000560
Client: AQ Testing Services MoldREPORT
Contact: Ms. Linda Lauver EMLab P & K
Project: Robert Welch; 303 Sea Breeze Dr., Bacliff, TX 10900 Brittmoore Park Drive, Suite G, Houston, TX 77041
Date of Sampling: 10-08-2018 (800) 651-4802 Fax (623) 780-7695
Date of Receipt: 10-09-2018
Date of Report: 10-09-2018
Laboratory Results
MoldREPORT: Spore Trap Analysis
Location: 26552625: 26552616: 26552636: 26552601:
OD First Floor Kitchen ( Second Floor Master Water
BG) Office Closet
Closet
Comments (see below) None None None None
Lab ID-Version‡: 9520031-1 9520032-1 9520033-1 9520034-1
Analysis Date: 10/09/2018 10/09/2018 10/09/2018 10/09/2018
Spore types detected: raw ct. per m3 raw ct. per m3 raw ct. per m3 raw ct. per m3
Alternaria - - - - - - 1 13
Arthrinium - - - - - - - -
Ascospores - - - - - - - -
Aureobasidium - - - - - - - -
Basidiospores 2 110 - - - - - -
Bipolaris/Drechslera group 1 13 - - - - - -
Botrytis - - - - - - - -
Chaetomium - - 1 13 - - - -
Cladosporium 3 160 - - 15 800 7 370
Curvularia 3 40 6 80 5 67 1 13
Epicoccum - - - - - - - -
Fusarium 1 13 - - - - - -
Myrothecium - - - - - - - -
Nigrospora - - 1 13 - - - -
Penicillium/Aspergillus types - - 54 2,900 943 520,000 64 3,400
Pithomyces 2 27 - - - - 1 13
Rusts - - - - - - - -
Smuts, Periconia, Myxomycetes 5 67 - - 1 13 - -
Stachybotrys - - - - - - - -
Stemphylium - - - - - - - -
Torula 1 13 - - - - - -
Trichoderma - - - - - - - -
Ulocladium - - - - - - - -
Zygomycetes - - - - - - - -
Others 3 40 3 40 1 13 - -
§ Total: 480 3,000 520,000 3,800
Additional Information:
Hyphal fragments 13 13 27 -
Skin cells 13 - 67 80 - 4,000 80 - 4,000 4,000 - 8,000
Pollen 13 < 13 < 13 < 13
Background debris† 1 2 1 3
Limit of detection 13 13 13 13
Sample volume (liters) 75 75 75 75
MoldSCORE: N/A 299 300 300
Comments:
† Background debris is an indication of the amounts of non-biological particulate matter present on the slide (dust in the air) and is graded from 1 to 4 with 4
indicating the largest amounts.
For more information on the fungi identified in your report please visit www.emlab.com.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the
value of "x".
§ Total Spores/m3 has been rounded to two significant figures to reflect analytical precision.
Rev02 03/11
EMLab P&K, LLC EMLab ID: 2018284, Page 2 of 3
WELCH 000561
Client: AQ Testing Services MoldREPORT
Contact: Ms. Linda Lauver EMLab P & K
Project: Robert Welch; 303 Sea Breeze Dr., Bacliff, TX 10900 Brittmoore Park Drive, Suite G, Houston, TX 77041
Date of Sampling: 10-08-2018 (800) 651-4802 Fax (623) 780-7695
Date of Receipt: 10-09-2018
Date of Report: 10-09-2018
Laboratory Results
MoldREPORT: Spore Trap Analysis
Location: 26552630: 26553103: 26552612:
Second Floor Laundry Hall Bathroom Second Floor Hall Closet
Comments (see below) None None None
Lab ID-Version‡: 9520035-1 9520036-1 9520037-1
Analysis Date: 10/09/2018 10/09/2018 10/09/2018
Spore types detected: raw ct. per m3 raw ct. per m3 raw ct. per m3
Alternaria - - - - - -
Arthrinium - - - - - -
Ascospores 1 53 - - - -
Aureobasidium - - - - - -
Basidiospores 2 110 3 160 1 53
Bipolaris/Drechslera group 1 13 - - 1 13
Botrytis - - - - - -
Chaetomium - - 1 13 - -
Cladosporium 4 210 2 110 3 160
Curvularia 9 120 - - 6 80
Epicoccum - - - - 1 13
Fusarium - - - - - -
Myrothecium 1 13 - - - -
Nigrospora 2 27 - - 2 27
Penicillium/Aspergillus types 113 6,000 718 400,000 731 400,000
Pithomyces 1 13 2 27 1 13
Rusts - - - - - -
Smuts, Periconia, Myxomycetes 4 53 - - 4 53
Stachybotrys - - 4 53 7 93
Stemphylium - - - - - -
Torula - - - - - -
Trichoderma - - - - - -
Ulocladium - - - - - -
Zygomycetes - - - - - -
Others 2 27 4 53 2 27
§ Total: 6,700 400,000 400,000
Additional Information:
Hyphal fragments 120 270 40
Skin cells 4,000 - 8,000 80 - 4,000 8,000 - 13,000
Pollen 40 13 27
Background debris† 2 2 2
Limit of detection 13 13 13
Sample volume (liters) 75 75 75
MoldSCORE: 300 300 300
Comments:
† Background debris is an indication of the amounts of non-biological particulate matter present on the slide (dust in the air) and is graded from 1 to 4 with 4
indicating the largest amounts.
For more information on the fungi identified in your report please visit www.emlab.com.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the
value of "x".
§ Total Spores/m3 has been rounded to two significant figures to reflect analytical precision.
Rev02 03/11
EMLab P&K, LLC EMLab ID: 2018284, Page 3 of 3
WELCH 000562
WELCH 000563
WELCH 000564
EXHIBIT B
REPORT OF FINDINGS
303 Seabreeze DR in Bacliff, TX
Prepared For
Faubus Law Firm
September 25, 2019
Apollo BBC Project No.
19.01.1076
WELCH 000004
w w w. a p o l l o b b c . c o m
611 West 22"-^ ST, No 207
Sy^apollobbc Better Building Consultants
H o u s t o n , Te x a s 7 7 0 0 8
Main 800,370.5456
September 25, 2019
Dax O. Faubus
Partner
The Faubus Firm
1001 Texas Ave,, 11* Floor
Houston, TX 77002
Re: Report of Findings for 303 Seabreeze DR in Bacliff, Texas
Apollo BBC Project No. 19.01,1076
D e a r M r, F a u b u s :
Apollo BBC is pleased to submit this Report of Findings for the above reference project. Attached to this letter
please find our report, dated September 25, 2019.
Iwould be pleased to discuss our findings and recommendations with you. Please contact me directly at
713.869.0000 should you require additional information regarding this project.
Sincerely yours.
REID
^D.
MIDDLEBROOKS
^
■0^"93447'";^‘/
D. Reid Middlebrooks, PE
Principal Consultant
s
Building Science |Forensic Architecture |Structural |Mechanical HVAC |Commissioning
WELCH 000005
303 Seabreeze DR – Report of Findings. September 25, 2019
Table of Contents
BACKGROUND 1
Building Description 2
Reported Problem Conditions 2
Visit to the Site 2
Reviewed Documentation 2
OBSERVATIONS 3
Building Air Tightness Testing and Infrared Thermography 3
Cantilevered Exterior Wall Construction 5
The Vented Attic 6
Air Conditioning Systems 7
ANALYSIS 8
Air Infiltration Through Assemblies 8
Air Conditioning Systems 9
OPINIONS REGARDING ORIGIN AND CAUSE 10
1. Excessive Air Infiltration from the Outdoors Exists. 10
2. Excessive Air Infiltration from the Attic to the Interior Exists. 10
RECOMMENDATIONS FOR REPAIR 11
1. Re-Clad Portions of Exterior Systems of the House and Repair. 11
2. Air Seal All Attic Penetrations. 11
3. Resolve the Attic Ventilation Problems. 11
4. Resolve Air Conditioning Problems 11
INCLUDED APPENDICES
Appendix A – Curriculum Vitae of D. Reid Middlebrooks, PE
Appendix B – Photographic Documentation
Appendix C – Infrared Thermography
Appendix D – Greenway Energy Reports
Appendix E – Photographs of Contemporary Cantilevered Wall Construction
Apollo BBC Project Number 19.01.1076 i
WELCH 000006
303 Seabreeze DR – Report of Findings. September 25, 2019
IMAGE 1. View of the residen
ce from the street.
Background
Apollo BBC was retained by The Faubus Firm for the purpose of evaluating and
providing opinions relating to the conditions occurring at 303 Seabreeze Drive in
Bacliff, Texas. Prior to my engagement, AQ Testing performed a mold assessment and
identified elevated levels of mold in the house. DD Mechanical performed an analysis
of the heating and cooling systems for the house and identified problem conditions.
I, D. Reid Middlebrooks, PE, a Principal with Apollo BBC, reviewed provided
documentation, visited the site, and performed analysis relating to the evaluation of
the problem conditions at the house. I am a Licensed Professional Engineer in the
State of Texas (TX PE 93447) and have practiced mechanical engineering since 2000. A
current version of my curriculum vitae is included as Appendix A.
This report documents my opinions related to design and construction of the house
and it’s various building systems. My opinions are based on my site observations and
evidence available to me at the time of this report. Should other documents or
information become available, I reserve the right to alter, amend, or revise my
statements and opinions within this report.
Apollo BBC Project Number 19.01.1076 1 of 10
WELCH 000007
303 Seabreeze DR – Report of Findings. September 25, 2019
Building Description
The two story house encompassing approximately 2,200 square feet was purchased by
the current owners in June of 2014. The house’s exterior walls have a combination of
brick cladding and cementations siding and the attic space is unconditioned and
vented. One split type refrigerant based system provides air conditioning and heating
to the house through an air handling unit installed in the attic and a condensing unit
installed at grade level outside. I understand that some remedial work was performed
to the air conditioning system in 2017, including replacing the evaporator coil and
furnace.
Reported Problem Conditions
As reported to me by Ms. Welch, problem conditions were first observed
approximately one month after moving into the house, when discoloration of finished
materials were observed in an upstairs closet. As a result, I understand that the owners
notified the builder who installed additional insulation in the area. After identifying
additional locations of discolored finishes, a mold consultant was engaged to
determine the extent of the problem. AQ Testing performed mold testing that
confirmed the elevated presence of mold in several locations in the house.
My comments and independent opinions regarding these issues as well as others
provided in their reports are included elsewhere in this report.
Visit to the Site
I conducted a visit to the site on July 29, 2019 to perform an initial walk through of the
house, observe existing conditions, and to further evaluate identified problem
conditions.
Reviewed Documentation
As part of my evaluation, I reviewed several documents and photographs that were
provided to me associated with design and construction of the building. Among the
documents provided for my review were AQ Testing’s Mold report dated June 29,
2019. I also reviewed DD Mechanical’s letter report for the residence and Greenway
Energy’s Blower Door Report that was performed at the same time of my visit to the
site.
Apollo BBC Project Number 19.01.1076 2 of 10
WELCH 000008
303 Seabreeze DR – Report of Findings. September 25, 2019
IMAGE 2. Infrared thermographic images collected prior to inducing a negative air pressure on the house. These
conditions include wall to ceiling connections and vaulted ceiling conditions.
Observations
During my visit to the site, I observed the general condition of the house, its building
enclosure systems, and its air conditioning systems. Discoloration of interior finishes
were observed include ceilings and inside a second floor closet. Photographic
documentation of observations made is included as Appendix B to this report.
Building Air Tightness Testing and Infrared Thermography
During my visit to the site, I observed numerous significant air leakage pathways form
the exterior to the interior. These observations were made with the use of an infrared
thermographic camera that provides a graphic representation of surface temperatures.
Significant air pathways and missing insulation were apparent prior to inducing a
negative air pressure on the house. At the time of the site outdoor temperatures were
warm, significantly warmer than indoor air temperatures. See Image 2.
After collecting infrared images of the house, Greenway Energy installed their blower
door fan and induced a negative pressure on the house. Additional infrared images
were collected while the house was held under a negative air pressure. See Image 3.
Apollo BBC Project Number 19.01.1076 3 of 10
WELCH 000009
303 Seabreeze DR – Report of Findings. September 25, 2019
IMAGE 3. Infrared thermographic images collected during an induced negative air pressure. These conditions include
wall to ceiling conditions, floor to wall conditions. air leakage through the floor joists separation the first and air
leakage from the attic into an internal partition wall.
The infrared images collected while the house was under a negative air pressure
further illustrated the numerous air pathways that are present in the house.
The thermographic images depict air infiltration from the exterior of the house and
from the vented attic space. It is common for thermal breaks, such as the locations of
stud framing to be observed in thermographic images, however under a negative air
pressure the air infiltration pathways become more apparent. Areas of air infiltration
depicted in the thermographic images generally appear warmer than other surface
temperatures because the outdoor air was hotter than the indoor temperature at the
time of our observations.
Infrared images confirm that numerous air leakage pathways exist in the house. I
observed numerous locations that allow air infiltration including through exterior walls,
the top plates of walls, the bottom plates of walls, exterior corners, exterior windows,
and directly through the floor joists separating the first and second floors. See
Appendix C for thermographic images taken while on site.
Concurrent to my visit to the house, Greenway Energy performed air infiltration testing
to determine whether the house met the building code in effect at the time of
construction. Based on Greenway Energy’s report, which is attached as Appendix D, it
is apparent that the house had a comparatively large air infiltration when tested. The
measured infiltration rate was 5,378 cubic feet per minute under an induced 50 pascal
pressure (CFM50), resulting in approximately 17.3 air changes per hour. As a
comparison, the allowable air infiltration rate for this house was 1,551 CFM50 when
newly constructed based on the standard set forth in IECC 2012. Based on the
standard set forth in IECC2009, the measured air leakage also not incompliance with
that code.
Apollo BBC Project Number 19.01.1076 4 of 10
WELCH 000010
303 Seabreeze DR – Report of Findings. September 25, 2019
IMAGE 4. View of the interface of the brick cladding and cementitious siding, aligned in the same vertical plane.
Cantilevered Exterior Wall Construction
The exterior wall systems of the house have a condition that mates the exterior brick
cladding with the cementation siding in the same vertical plane. In order to
accomplish this condition, a cantilevered wall must be constructed behind the cladding
since the horizontal space required for brick cladding is much larger than the
horizontal space required for the cementitious side. For the two cladding materials to
meet in the same vertical plane, the cantilevered wall must be constructed to allow for
the differences.
The detailing of this cantilevered wall is commonly not well conceived and constructed
in similar houses and can allow air and water to infiltrate into the house at the floor
level structure.
In several locations, air leakage was observed in this house at areas that correlate to
the cantilevered wall construction.
Apollo BBC Project Number 19.01.1076 5 of 10
WELCH 000011
303 Seabreeze DR – Report of Findings. September 25, 2019
IMAGE 5. View of blocked and filled roof rafters. This rafter space is generally used to connect the soffit vents to the
vented attic
The Vented Attic
The house contains one vented attic space that is located primarily above the second
floor and a second attic space that accessible through an access panel from the
second floor game room. During my visit to the house, I observed conditions related
to attic ventilation as well as the connected between the attic spaces and the adjacent
conditioned spaces within the house.
The second floor attic is vented via vents installed in the field of the roof near the
ridge, commonly called Air Hawks. Soffit vents are installed around the house’s
perimeter eves, however, these soffit vents are not well connected with the attic space.
I observed several locations blocked by wood blocking, filled with insulation with no air
baffles installed to allow for outdoor air to enter into the attic space.
The walk out attic space is also ventilated and connected to the attic above the second
floor.
Apollo BBC Project Number 19.01.1076 6 of 10
WELCH 000012
303 Seabreeze DR – Report of Findings. September 25, 2019
IMAGE 6. View of discoloration of mastic joining supply air ductwork at the air conditioning unit in the attic.
Air Conditioning Systems
During my visit to the house, I observed the installed condition of the air handling unit
in the attic, supply air ductwork, outdoor air ductwork, and the zoned damper system.
The air handling unit appeared to generally be well installed. However, I observed that
the outdoor air damper was not functional at the time of my visit.
I also observed that the white mastic used to join ductwork and seal around the
perimeter of supply air plenum is discoloring.
Apollo BBC Project Number 19.01.1076 7 of 10
Preview
Filed: 8/31/2020 5:12 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 45852773 By: Shailja Dixit 9/1/2020 8:09 AM CAUSE NO. 19-CV-0340 ROBERT WELCH AND § IN THE DISTRICT COURT OF JENNIFER WELCH § Plaintiffs, § § GALVESTON COUNTY, TEXAS vs. § § GREENECO BUILDERS, L.L.C. § 122ND JUDICIAL DISTRICT Defendant PLAINTIFFS’ RESPONSE TO DEFENDANT’S FIRST AMENDED PLEA IN ABATEMENT, ORIGINAL ANSWER, AND VERIFIED DENIAL COME NOW, Robert Welch and Jennifer Welch (“Plaintiffs”), and files this Response to Defendant’s First Amended Plea in Abatement, Original Answer, and Verified Denial, and would respectfully show the Court the following: 1. Defendants request abatement of this matter – for the fifth time. The case has been abated already three separate times. Defendant’s last request was denied. Defendant asserts abatement on the same ground that Plaintiffs did not comply with the pre-suit requirements of the RCLA and a new ground under the DTPA. Neither position merits abatement. 2. Plaintiffs notified Defendant of their claims prior to filing suit.1 While the case was abated, Plaintiffs provided three expert reports detailing the defects in the home.2 Defendant has been put on notice – in excruciating detail – of Plaintiffs’ home defect claims. While it is true that Plaintiffs recently amended their petition to include a specific 1 See Affidavit of Plaintiff, attached hereto as Exhibit A; See also Notice letter, attached hereto as Exhibit A-1. 2 See Apollo BBC Report, attached hereto as Exhibit B; See also A.Q. Testing Services, LLC Mold Remediation Protocol, attached hereto as Exhibit C and DD Mechanical Services Report, attached hereto as Exhibit D. PAGE 1 OF 3 reference to claims under the Deceptive Trade Practices Act, the pleading merely recasts Plaintiffs previously asserted and plead RCLA claim and breach of implied warranty claim. In other words, Defendant has been on notice of these claims from the inception of this litigation. 3. Moreover, the DTPA is superseded by the notice provision in Texas Property Code §27.004 (“RCLA Notice”). Specifically, Texas Property Code §27.002(b) provides: “. . . to the extent of conflict between this chapter and any other law, including the Deceptive Trade Practices-Consumer Protection Act . . . this chapter prevails.” Naturally, due to the conflict between the notice provision in Texas Business and Commerce Code §17.505(a) and Texas Property Code §27.004, the notice provision in Texas Property Code Chapter 27 prevails. Specifically, although both notice provisions require 60 days, via certified mail, the Texas Property Code provides for specific inspection deadlines. Because Plaintiffs have complied with the more stringent notice requirement under the RCLA and because the claims involve the same operative facts and legal positions, adequate notice was provided to Defendant on both claims. 4. Should the court find that the DTPA notice requirement is not superseded by the RCLA notice requirement, then the Plaintiffs would further request that the court also find the remaining portions of the DTPA are not superseded, including the damages portion of the DTPA. PAGE 2 OF 3 PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that this matter is not automatically abated, and that Plaintiffs have any other relief which they are justly entitled. Respectfully submitted, THE FAUBUS FIRM By: /s/ Dax O. Faubus Dax O. Faubus State Bar No. 24010019 1001 Texas Avenue, 11th Floor Houston, Texas 77002 Telephone: (713) 222-6400 Facsimile: (713) 222-7240 dax-notice@faubusfirm.com Attorneys for Plaintiffs CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document has been served upon all counsel of record on August 31, 2020 as follows: Via E-Mail: H. Miles Cohn Joe R. Savoie Crain, Caton & James 1401 McKinney Street, 17th Floor Houston, Texas 77010 mcohn@craincaton.com savoie-efile@craincaton.com Counsel for Defendant By: /s/ Dax O. Faubus Dax O. Faubus PAGE 3 OF 3 EXHIBIT A CAUSE NO. 19-CV-0340 ROBERT WELCH AND § IN THE DISTRICT COURT OF JENNIFER WELCH § Plaintiffs, § § GALVESTON COUNTY, TEXAS vs. § § GREENECO BUILDERS, L.L.C. § 122ND JUDICIAL DISTRICT Defendant PLAINTIFF’S AFFIDAVIT The undersigned, being duly sworn, states that: 1. “I am over 18 years old and competent to make this Affidavit. My name is Robert Welch, I am the Plaintiff in this matter and the owner of 303 Sea Breeze Drive, Bacliff, Texas 77518. I am duly authorized to make this affidavit. 2. I purchased my home on June 12, 2014. 3. Shortly after purchasing the home, I discovered mold growing in my home and promptly notified Greeneco Builders, L.L.C. 4. On November 14, 2018, my attorney served notice on Greeneco Builders, L.L.C., informing them of the defect related Greeneco Builders, L.L.C. with an opportunity to inspect. Attached hereto as a true and correct copy of this document is Exhibit A-1 and made part hereof. 5. Also, on September 25, 2019, September 26, 2019 and June 8, 2020 my attorney served on Greeneco Builders, L.L.C. the expert reports of Reid Middlebrooks, Linda Lauver and David Kunetka, respectively. These reports set out the defects in my home. PLAINTIFF’S AFFIDAVIT PAGE 1 OF 2 EXHIBIT A1 November 14, 2018 Via CM RRR#7017 2620 0000 8168 1489 and Regular U.S. Mail Greeneco Builders, LLC 21408 Provincial Blvd. Katy, Texas 77450 Via CM RRR#7017 2620 0000 8168 1496 and Regular, U.S. Mail Greeneco Builders, LLC c/o Patsy Kopecky 1259 C.R. 154 Columbus, Texas 78734 Re: 303 Sea Breeze Drive, Bacliff, Texas 77518 To Whom it May Concern: My firm represents Robert and Jennifer Welch in their claims against Greeneco Builders, LLC (“Greeneco”) regarding their claims for defects relating to Greeneco’s design and construction of their home. The home has substantial mold growth and elevated mold spore counts throughout. We are still in the early stages of our investigation, however, I have enclosed preliminary and limited mold spore readings for the home. Please allow this letter to serve as notice to Greeneco pursuant to Texas Property Code §27.004(a). As you know, Greeneco has 35 days from today to inspect the property and 45 days to make a reasonable offer of settlement that addresses the mold problem and its cause. Your settlement offer should include: 1. The cost to remedy the source of moisture that is causing mold growth in the home; 2. The cost to comprehensively remediate the mold from the home; 3. The cost to rebuild the home following remediation; 4. The cost to remediate (clean) or replace contents affected by mold; 5. The cost my clients will incur in additional living expenses (including, but not Dax O. Faubus, Partner The Faubus Firm • 1001 Texas Ave., 11th Floor • Houston, Texas 77002 Dax-notice@faubusfirm.com Telephone: 713.222.6400 • Facsimile: 713.222.7240 • www.faubusfirm.com WELCH 000558 Greeneco Builders, LLC November 14, 2018 Page -2- limited to, rent) while the home is being remediated; 6. The costs incurred by my clients for consultants engaged to determine the extent of the home’s defects and damages; and 7. Compensation for my clients’ attorney’s fees, which will be 40% of the costs referenced above). Obviously, making my clients’ home habitable is of upmost importance to them, so I request your immediate and sincere attention to this matter. Very truly yours, Dax O. Faubus DOF/dlg Enclosures Dax O. Faubus, Partner The Faubus Firm • 1001 Texas Ave., 11th Floor • Houston, Texas 77002 Dax@faubusfirm.com Telephone: 713.222.6400 • Facsimile: 713.222.7240 • www.faubusfirm.com WELCH 000559 AQ Testing Services Ms. Linda Lauver P.O. Box 389 Katy, TX 77492 USA (281) 391-9604 INSPECT. EMLab P & K ANALYZE. INTERPRET . Mold REPORT" www.MoldREPORT.com i nfo@MoldREPORT.com Approved by: Dates of Analysis: MoldReport Spore trap: 10-09-2018 and 10-09-2018 Technical Manager Magzoub Ismail Service SOPs: MoldReport Spore trap (EM-MY-S-1038) AIHA-LAP, LLC accredited service, Lab ID #193549 All samples were received in acceptable condition unless noted in the Report Comments portion in the body of the report. Due to the nature of the analyses performed, field blank correction of results is not applied. The results relate only to the items tested. The analytical sensitivity is the spores/m3 divided by the raw count. The limit of detection is the analytical sensitivity multiplied by the sample volume divided by 1000. EMLab P&K ("the Company") shall have no liability to the client or the client's customer with respect to decisions or recommendations made, actions taken or courses of conduct implemented by either the client or the client's customer as a result of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results except for the Company's own willful misconduct or gross negligence nor shall the Company be liable for incidental or consequential damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law, even if the Company has been advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the Test Results exceed the amount paid to the Company by the client therefor. EMLab P&K, LLC EMLab ID: 2018284, Page 1 of 3 WELCH 000560 Client: AQ Testing Services MoldREPORT Contact: Ms. Linda Lauver EMLab P & K Project: Robert Welch; 303 Sea Breeze Dr., Bacliff, TX 10900 Brittmoore Park Drive, Suite G, Houston, TX 77041 Date of Sampling: 10-08-2018 (800) 651-4802 Fax (623) 780-7695 Date of Receipt: 10-09-2018 Date of Report: 10-09-2018 Laboratory Results MoldREPORT: Spore Trap Analysis Location: 26552625: 26552616: 26552636: 26552601: OD First Floor Kitchen ( Second Floor Master Water BG) Office Closet Closet Comments (see below) None None None None Lab ID-Version‡: 9520031-1 9520032-1 9520033-1 9520034-1 Analysis Date: 10/09/2018 10/09/2018 10/09/2018 10/09/2018 Spore types detected: raw ct. per m3 raw ct. per m3 raw ct. per m3 raw ct. per m3 Alternaria - - - - - - 1 13 Arthrinium - - - - - - - - Ascospores - - - - - - - - Aureobasidium - - - - - - - - Basidiospores 2 110 - - - - - - Bipolaris/Drechslera group 1 13 - - - - - - Botrytis - - - - - - - - Chaetomium - - 1 13 - - - - Cladosporium 3 160 - - 15 800 7 370 Curvularia 3 40 6 80 5 67 1 13 Epicoccum - - - - - - - - Fusarium 1 13 - - - - - - Myrothecium - - - - - - - - Nigrospora - - 1 13 - - - - Penicillium/Aspergillus types - - 54 2,900 943 520,000 64 3,400 Pithomyces 2 27 - - - - 1 13 Rusts - - - - - - - - Smuts, Periconia, Myxomycetes 5 67 - - 1 13 - - Stachybotrys - - - - - - - - Stemphylium - - - - - - - - Torula 1 13 - - - - - - Trichoderma - - - - - - - - Ulocladium - - - - - - - - Zygomycetes - - - - - - - - Others 3 40 3 40 1 13 - - § Total: 480 3,000 520,000 3,800 Additional Information: Hyphal fragments 13 13 27 - Skin cells 13 - 67 80 - 4,000 80 - 4,000 4,000 - 8,000 Pollen 13 < 13 < 13 < 13 Background debris† 1 2 1 3 Limit of detection 13 13 13 13 Sample volume (liters) 75 75 75 75 MoldSCORE: N/A 299 300 300 Comments: † Background debris is an indication of the amounts of non-biological particulate matter present on the slide (dust in the air) and is graded from 1 to 4 with 4 indicating the largest amounts. For more information on the fungi identified in your report please visit www.emlab.com. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". § Total Spores/m3 has been rounded to two significant figures to reflect analytical precision. Rev02 03/11 EMLab P&K, LLC EMLab ID: 2018284, Page 2 of 3 WELCH 000561 Client: AQ Testing Services MoldREPORT Contact: Ms. Linda Lauver EMLab P & K Project: Robert Welch; 303 Sea Breeze Dr., Bacliff, TX 10900 Brittmoore Park Drive, Suite G, Houston, TX 77041 Date of Sampling: 10-08-2018 (800) 651-4802 Fax (623) 780-7695 Date of Receipt: 10-09-2018 Date of Report: 10-09-2018 Laboratory Results MoldREPORT: Spore Trap Analysis Location: 26552630: 26553103: 26552612: Second Floor Laundry Hall Bathroom Second Floor Hall Closet Comments (see below) None None None Lab ID-Version‡: 9520035-1 9520036-1 9520037-1 Analysis Date: 10/09/2018 10/09/2018 10/09/2018 Spore types detected: raw ct. per m3 raw ct. per m3 raw ct. per m3 Alternaria - - - - - - Arthrinium - - - - - - Ascospores 1 53 - - - - Aureobasidium - - - - - - Basidiospores 2 110 3 160 1 53 Bipolaris/Drechslera group 1 13 - - 1 13 Botrytis - - - - - - Chaetomium - - 1 13 - - Cladosporium 4 210 2 110 3 160 Curvularia 9 120 - - 6 80 Epicoccum - - - - 1 13 Fusarium - - - - - - Myrothecium 1 13 - - - - Nigrospora 2 27 - - 2 27 Penicillium/Aspergillus types 113 6,000 718 400,000 731 400,000 Pithomyces 1 13 2 27 1 13 Rusts - - - - - - Smuts, Periconia, Myxomycetes 4 53 - - 4 53 Stachybotrys - - 4 53 7 93 Stemphylium - - - - - - Torula - - - - - - Trichoderma - - - - - - Ulocladium - - - - - - Zygomycetes - - - - - - Others 2 27 4 53 2 27 § Total: 6,700 400,000 400,000 Additional Information: Hyphal fragments 120 270 40 Skin cells 4,000 - 8,000 80 - 4,000 8,000 - 13,000 Pollen 40 13 27 Background debris† 2 2 2 Limit of detection 13 13 13 Sample volume (liters) 75 75 75 MoldSCORE: 300 300 300 Comments: † Background debris is an indication of the amounts of non-biological particulate matter present on the slide (dust in the air) and is graded from 1 to 4 with 4 indicating the largest amounts. For more information on the fungi identified in your report please visit www.emlab.com. ‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is reflected by the value of "x". § Total Spores/m3 has been rounded to two significant figures to reflect analytical precision. Rev02 03/11 EMLab P&K, LLC EMLab ID: 2018284, Page 3 of 3 WELCH 000562 WELCH 000563 WELCH 000564 EXHIBIT B REPORT OF FINDINGS 303 Seabreeze DR in Bacliff, TX Prepared For Faubus Law Firm September 25, 2019 Apollo BBC Project No. 19.01.1076 WELCH 000004 w w w. a p o l l o b b c . c o m 611 West 22"-^ ST, No 207 Sy^apollobbc Better Building Consultants H o u s t o n , Te x a s 7 7 0 0 8 Main 800,370.5456 September 25, 2019 Dax O. Faubus Partner The Faubus Firm 1001 Texas Ave,, 11* Floor Houston, TX 77002 Re: Report of Findings for 303 Seabreeze DR in Bacliff, Texas Apollo BBC Project No. 19.01,1076 D e a r M r, F a u b u s : Apollo BBC is pleased to submit this Report of Findings for the above reference project. Attached to this letter please find our report, dated September 25, 2019. Iwould be pleased to discuss our findings and recommendations with you. Please contact me directly at 713.869.0000 should you require additional information regarding this project. Sincerely yours. REID ^D. MIDDLEBROOKS ^ ■0^"93447'";^‘/ D. Reid Middlebrooks, PE Principal Consultant s Building Science |Forensic Architecture |Structural |Mechanical HVAC |Commissioning WELCH 000005 303 Seabreeze DR – Report of Findings. September 25, 2019 Table of Contents BACKGROUND 1 Building Description 2 Reported Problem Conditions 2 Visit to the Site 2 Reviewed Documentation 2 OBSERVATIONS 3 Building Air Tightness Testing and Infrared Thermography 3 Cantilevered Exterior Wall Construction 5 The Vented Attic 6 Air Conditioning Systems 7 ANALYSIS 8 Air Infiltration Through Assemblies 8 Air Conditioning Systems 9 OPINIONS REGARDING ORIGIN AND CAUSE 10 1. Excessive Air Infiltration from the Outdoors Exists. 10 2. Excessive Air Infiltration from the Attic to the Interior Exists. 10 RECOMMENDATIONS FOR REPAIR 11 1. Re-Clad Portions of Exterior Systems of the House and Repair. 11 2. Air Seal All Attic Penetrations. 11 3. Resolve the Attic Ventilation Problems. 11 4. Resolve Air Conditioning Problems 11 INCLUDED APPENDICES Appendix A – Curriculum Vitae of D. Reid Middlebrooks, PE Appendix B – Photographic Documentation Appendix C – Infrared Thermography Appendix D – Greenway Energy Reports Appendix E – Photographs of Contemporary Cantilevered Wall Construction Apollo BBC Project Number 19.01.1076 i WELCH 000006 303 Seabreeze DR – Report of Findings. September 25, 2019 IMAGE 1. View of the residen ce from the street. Background Apollo BBC was retained by The Faubus Firm for the purpose of evaluating and providing opinions relating to the conditions occurring at 303 Seabreeze Drive in Bacliff, Texas. Prior to my engagement, AQ Testing performed a mold assessment and identified elevated levels of mold in the house. DD Mechanical performed an analysis of the heating and cooling systems for the house and identified problem conditions. I, D. Reid Middlebrooks, PE, a Principal with Apollo BBC, reviewed provided documentation, visited the site, and performed analysis relating to the evaluation of the problem conditions at the house. I am a Licensed Professional Engineer in the State of Texas (TX PE 93447) and have practiced mechanical engineering since 2000. A current version of my curriculum vitae is included as Appendix A. This report documents my opinions related to design and construction of the house and it’s various building systems. My opinions are based on my site observations and evidence available to me at the time of this report. Should other documents or information become available, I reserve the right to alter, amend, or revise my statements and opinions within this report. Apollo BBC Project Number 19.01.1076 1 of 10 WELCH 000007 303 Seabreeze DR – Report of Findings. September 25, 2019 Building Description The two story house encompassing approximately 2,200 square feet was purchased by the current owners in June of 2014. The house’s exterior walls have a combination of brick cladding and cementations siding and the attic space is unconditioned and vented. One split type refrigerant based system provides air conditioning and heating to the house through an air handling unit installed in the attic and a condensing unit installed at grade level outside. I understand that some remedial work was performed to the air conditioning system in 2017, including replacing the evaporator coil and furnace. Reported Problem Conditions As reported to me by Ms. Welch, problem conditions were first observed approximately one month after moving into the house, when discoloration of finished materials were observed in an upstairs closet. As a result, I understand that the owners notified the builder who installed additional insulation in the area. After identifying additional locations of discolored finishes, a mold consultant was engaged to determine the extent of the problem. AQ Testing performed mold testing that confirmed the elevated presence of mold in several locations in the house. My comments and independent opinions regarding these issues as well as others provided in their reports are included elsewhere in this report. Visit to the Site I conducted a visit to the site on July 29, 2019 to perform an initial walk through of the house, observe existing conditions, and to further evaluate identified problem conditions. Reviewed Documentation As part of my evaluation, I reviewed several documents and photographs that were provided to me associated with design and construction of the building. Among the documents provided for my review were AQ Testing’s Mold report dated June 29, 2019. I also reviewed DD Mechanical’s letter report for the residence and Greenway Energy’s Blower Door Report that was performed at the same time of my visit to the site. Apollo BBC Project Number 19.01.1076 2 of 10 WELCH 000008 303 Seabreeze DR – Report of Findings. September 25, 2019 IMAGE 2. Infrared thermographic images collected prior to inducing a negative air pressure on the house. These conditions include wall to ceiling connections and vaulted ceiling conditions. Observations During my visit to the site, I observed the general condition of the house, its building enclosure systems, and its air conditioning systems. Discoloration of interior finishes were observed include ceilings and inside a second floor closet. Photographic documentation of observations made is included as Appendix B to this report. Building Air Tightness Testing and Infrared Thermography During my visit to the site, I observed numerous significant air leakage pathways form the exterior to the interior. These observations were made with the use of an infrared thermographic camera that provides a graphic representation of surface temperatures. Significant air pathways and missing insulation were apparent prior to inducing a negative air pressure on the house. At the time of the site outdoor temperatures were warm, significantly warmer than indoor air temperatures. See Image 2. After collecting infrared images of the house, Greenway Energy installed their blower door fan and induced a negative pressure on the house. Additional infrared images were collected while the house was held under a negative air pressure. See Image 3. Apollo BBC Project Number 19.01.1076 3 of 10 WELCH 000009 303 Seabreeze DR – Report of Findings. September 25, 2019 IMAGE 3. Infrared thermographic images collected during an induced negative air pressure. These conditions include wall to ceiling conditions, floor to wall conditions. air leakage through the floor joists separation the first and air leakage from the attic into an internal partition wall. The infrared images collected while the house was under a negative air pressure further illustrated the numerous air pathways that are present in the house. The thermographic images depict air infiltration from the exterior of the house and from the vented attic space. It is common for thermal breaks, such as the locations of stud framing to be observed in thermographic images, however under a negative air pressure the air infiltration pathways become more apparent. Areas of air infiltration depicted in the thermographic images generally appear warmer than other surface temperatures because the outdoor air was hotter than the indoor temperature at the time of our observations. Infrared images confirm that numerous air leakage pathways exist in the house. I observed numerous locations that allow air infiltration including through exterior walls, the top plates of walls, the bottom plates of walls, exterior corners, exterior windows, and directly through the floor joists separating the first and second floors. See Appendix C for thermographic images taken while on site. Concurrent to my visit to the house, Greenway Energy performed air infiltration testing to determine whether the house met the building code in effect at the time of construction. Based on Greenway Energy’s report, which is attached as Appendix D, it is apparent that the house had a comparatively large air infiltration when tested. The measured infiltration rate was 5,378 cubic feet per minute under an induced 50 pascal pressure (CFM50), resulting in approximately 17.3 air changes per hour. As a comparison, the allowable air infiltration rate for this house was 1,551 CFM50 when newly constructed based on the standard set forth in IECC 2012. Based on the standard set forth in IECC2009, the measured air leakage also not incompliance with that code. Apollo BBC Project Number 19.01.1076 4 of 10 WELCH 000010 303 Seabreeze DR – Report of Findings. September 25, 2019 IMAGE 4. View of the interface of the brick cladding and cementitious siding, aligned in the same vertical plane. Cantilevered Exterior Wall Construction The exterior wall systems of the house have a condition that mates the exterior brick cladding with the cementation siding in the same vertical plane. In order to accomplish this condition, a cantilevered wall must be constructed behind the cladding since the horizontal space required for brick cladding is much larger than the horizontal space required for the cementitious side. For the two cladding materials to meet in the same vertical plane, the cantilevered wall must be constructed to allow for the differences. The detailing of this cantilevered wall is commonly not well conceived and constructed in similar houses and can allow air and water to infiltrate into the house at the floor level structure. In several locations, air leakage was observed in this house at areas that correlate to the cantilevered wall construction. Apollo BBC Project Number 19.01.1076 5 of 10 WELCH 000011 303 Seabreeze DR – Report of Findings. September 25, 2019 IMAGE 5. View of blocked and filled roof rafters. This rafter space is generally used to connect the soffit vents to the vented attic The Vented Attic The house contains one vented attic space that is located primarily above the second floor and a second attic space that accessible through an access panel from the second floor game room. During my visit to the house, I observed conditions related to attic ventilation as well as the connected between the attic spaces and the adjacent conditioned spaces within the house. The second floor attic is vented via vents installed in the field of the roof near the ridge, commonly called Air Hawks. Soffit vents are installed around the house’s perimeter eves, however, these soffit vents are not well connected with the attic space. I observed several locations blocked by wood blocking, filled with insulation with no air baffles installed to allow for outdoor air to enter into the attic space. The walk out attic space is also ventilated and connected to the attic above the second floor. Apollo BBC Project Number 19.01.1076 6 of 10 WELCH 000012 303 Seabreeze DR – Report of Findings. September 25, 2019 IMAGE 6. View of discoloration of mastic joining supply air ductwork at the air conditioning unit in the attic. Air Conditioning Systems During my visit to the house, I observed the installed condition of the air handling unit in the attic, supply air ductwork, outdoor air ductwork, and the zoned damper system. The air handling unit appeared to generally be well installed. However, I observed that the outdoor air damper was not functional at the time of my visit. I also observed that the white mastic used to join ductwork and seal around the perimeter of supply air plenum is discoloring. Apollo BBC Project Number 19.01.1076 7 of 10