Preview
FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020
GMC-CONSTRUCTION INC
114 3RD Street
Albany,New York 12210
- / (5 805 - 9441
(5 18) 491 8986 I8)
assaunsmetionine.com / ame cow,tiwsyn.inc@aol.com
General Contracting
Roofing-Siding -Metal Roofing-windows--Flat Roofing
Timothy S. Brennan
175 South Broadway Saratoga Springs NY 12866
Phone: 518
Dear Customer .
GMC Constiüctica hereby certifies that all roof replacement work pcrfamied under the scope of this
contract will be performed in acccidance with the requirements set forth by the NaticñâI Roofing
CouÃñictcrs'
Association (NRCA) and the manufacturers of each ccrapeacat used.
GMC Construction shall guarantee the kna"ation of reefmg materials including, but not limited to
decking, EPDM Rubber Roof, Drip Edge, Roof Drain and flashing to be in accordance with
arers'
specifications and completely watertight for a period of 15 years.
This guarantee includes replacement and i=t=!!ation of any faUed or faulty roofing componee but, does
not extend to or imply liabilityfor damage to interior building components or contents.
P
Subject to the gusrssice listed above, GMC Construction shall, at theirsole cost and expense, make full
replacement or repair of the work performed pusouaut to the terms of this residentia!roofmg contract. This
includes repair of EPDM Rubber Roof, Drip Edge, flashing, felts,and ridges.
G MC Construction agrees to respond to any mtifination of roofing leak, failure, or fault within 48-72
hours of notificatioñ by [Timothy S. Brennan].
This roofing guarantee does not cover damâgc caused by natural causes, such as wind, hail, or lightniñg.
Likewise, it does not cover damage by the homeowner, additional contractors, or any irgilvidual not
employed by OMC Construction. Damage caused by these sources shall be the sole responsibmty of
[Timothy S. Brennan] to rentedy.
FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020
This doct-ent shallbe the sole agmement between the Parties for the services described herein. No other
promises, arrangements, or guarantees not specineally outlined here are valid.
The opntract price shall be payable as follows:
30 % $ Deposit at contract signing and the rest in the substantial compkian. Substantial
completion occurs when the work has been completed and allmaterlais installed as per the Scope of work.
[Timothy S. B==_e] agrees to pay the fhil amount indicated in this contract {Timothy S. Brcs.s-] may
be made by cash, check, or credit card.
OMC Construction shall be solely responsible fbr the safety of their empigyces, supplies, and
subconnetera threaghast the project. This !ncIndes ensuring that all workers follow OSHA job safety
standards at alltimes.
Any disputes related to this contract shall be resolved through aneutral arbitrator. In the event of a dispute,
the findings af the neutral arbitratorshall be considered final and appealable.
Sincerely
Juan M. Chuqui Customer Date of Acceptance: 07/_/2020
GMC Construction INC
3RD
114 Street Albany NY 12209
FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020
GMC - CONSTRUCTION
I I4 3RD Street
'
Al bany, New York 12210
(51 491 - 8986 / (5 805-944 I
8) 18)
... gmcconstructioninexam / gmc_construction.!ne ael.com
General Contracting
- - Metal - wir.dGWs -FlatRoofing
Roofing 5tding Roofing
To: Timothy 5.Brennan Work Performed at:Juan Chuqui
Address: 175 South Broadway Saratoga Springs NY 12866
DE5CiiiPTION DATE QTV UNIT PRICE AMOUNT
ReplaceFlat Roof 27-Jul-20 1 $20,000.00 $20,000.00
Rip Old FlatRoof $0.00 $-
!nsta!!!ngNew EPDM Rubber Roof 60 Mil $0.00 $-
Egde" $-
Replace allOrip Egde "Metal so.00
Inch" $-
Put insulation "2.5 $0.00
Put Matel and Rubber on Drain $0.00 $-
Clean $0,00 $-
Up Everything
Dumpster $0.00 $-
$0,00 $-
$0.00 $-
$0.00 $-
ALL THE MATERIAL INCLUDED $0,00 $-
SUBTOTAL
TAX RATE
30% depositto start the project $ SALES TM
Authorized Signature by Customer Date of acceptance: / /20
FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020
Timothy Brennan
From: David Harper
Sent: Thursday, September 17, 2020 4:37 PM
To: Timothy Brennan; Crain, Jon
Subject: RE: Did Judge Nolan ever decide the motion?
Jon & Tim - if you two can't agree on a specific I suppose I will contact Judge Nolan for
roofing quote,
guidance.
David A. Harper, Esq.
480 - Suite 211
Broadway
Saratoga Springs, NY 12866
Work: (518) 587-6670
Fax: (518) 587-6672
From: Timothy Brennan [mailto:Tim@ppdlawfirm.com]
Sent: Tuesday, September 15, 2020 4:51 PM
To: Crain, Jon ; David Harper
Subject: RE: Did Judge Nolan ever decide the motion?
Thanks Jon.
My clientsare willing to agree to the specific replacement quote we provided with the 15 year warrantee. I can get an
edditional copy ifyou would liketo review itDavid. If Jonis taking the position that an injunction isnecessary, I would
rather not have to make another motion/application at thisjuncture. With that being said, please let me know ifone is
necessary.
Itwould seem that we could avoid allof thisifwe just select the quote to replace the roof that my clients agree
Plaintiffs'
to. get the roof replaced, and my clientsget the 15-year warraritee and project scope they are comfortable
with.
Do we think speaking on the phone as a group might help? Just a thought,
Timothy S. Brennan, Esq.
Partner
PHELAN, PHELAN
& DANEK, LLP
300 Great Oaks Boulevard, Suite 315
Albany, New York 12203
Phone: 518-640-6900
Fax: 518-640-6955
Email: tim@ppdlawfirm.com
BEST
LAW RRMS
2018 SuperLawyers.c.on
1
FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020
Phelan Phelan & Danek remains open and fullyoperational with allstaff and attorneys working remotely. In lightof the
government's recent shelter in place orders, we willbe serving alldocuments via email only. Please be advised that we
also request that senders do the same and serve documents via email only, foregoing regular mail. We request that all
legalcorrespondence, discovery, motions and pleadings, be electronically served via email, as well as any other
documents untilfurther notice. Thank you.
This electronic message contains information that may be privileged, confideñtial or otherwise protected from
disclosure. The information contained herein is intended for the addressee only. If you are not the addressee, any
disclosure, copying, distribution or use ofthe contents of this message (including any attachments) isprohibited. Ifyou
have received thiselectronic message in error, please notify the sender immediately and destroy the origiñal message
and allcopies.
From: Crain, Jon
Sent: Tuesday, September 15, 2020 4:44 PM
To: Timothy Brennan ; David Harper
Subject: RE: Did Judge Nolan ever decide the motion?
Our position continues to be that Dave has authority from Judge Nolan to move forward with any ofthe several quotes
for a replacement that has been provided, and Tim's pending motion has no impact. No injunction is inplace. As Tim is
aware, the parties have difficulty agreeing on anything, but Judge Nolan gave Dave the authority to chose any of the
replacement quotes provided.
Sent from my Verizon, Samsung Galaxy smartphone
--------Original message --------
From: Timothy Brennan
Date: 9/15/20 4:35 PM (GMT-05:00)
Jon"
To: David Harper , "Crain,
Subject: RE: Did Judge Nolan ever decide the motion?
David:
We do not have a decision on that motion yet. I made an offer to have the roof replaced using the bid submitted by my
clients, which had the lowest price and came with a 15 year warrantee. Plaintiffdid not respond to the offer and we
continued on with the motion. I reiterated that offer to Jon about a week ago and was told that he would circle back to
discuss itwith his client.
We will, of course, notify you immediately upon receiving a decision or ifwe reach an agreement on how to proceed.
Tim
Timothy S. Brennan, Esq.
Partner
PHELAN, PHELAN
&DANEK, LLP
300 Great Oaks Boulevard, Suite 315
Albany, New York 12203
Phone: 518-640-6900
2
FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020
Fax: 518-640-6955
Email: tjm_@_p_pdlawfirm.com
t½t Lamm
BEST
Super Lawyers
. . Timothy s.Brennan
2018 supertawyers.com
Phelan Phelan & Danek remains open and fullyoperational with allstaffand attorneys working remotely. in lightof the
government's recent shelter in place orders, we will be serving alldocuments via email only. Please be advised that we
also request that senders do the same and serve documents via email only, foregoing regular mail. We request that all
legal correspondence, discovery, motions and pleadings, be electronically served via email, as well as any other
documents untilfurther notice. Thank you.
This electronic message contains information that may be privilegêd, confidential or Otlierwise protected from
disclosure. The information contained herein is intended for the addressee only. Ifyou are not the addressee, any
disc!esure, copying, distribution or use ofthe contents of thismessage (including any attachments) isprohibited. Ifyou
have received this electronic message in error, please notify the sender immediately and destroy the original message
and allcopies.
From: David Harper
Sent: Tuesday, September 15, 2020 4:32 PM
To: Crain,Jon ; Timothy Brennan
Subject: Did Judge Nolan ever decide the motion?
Jon and Tim - Are we still on Judge Nolan to decide whether to fix the roof? Tim - I recall you moved
waiting
to reargue his decision granting me authority to fix the roof. Did that motion get lost in the shuffle over your
MSJ?
David A. Harper, Esq.
480 - Suite 211
Broadway
Saratoga Springs, NY 12866
Work: (518) 587-6670
Fax: (518) 587-6672
3
Preview
FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020 GMC-CONSTRUCTION INC 114 3RD Street Albany,New York 12210 - / (5 805 - 9441 (5 18) 491 8986 I8) assaunsmetionine.com / ame cow,tiwsyn.inc@aol.com General Contracting Roofing-Siding -Metal Roofing-windows--Flat Roofing Timothy S. Brennan 175 South Broadway Saratoga Springs NY 12866 Phone: 518 Dear Customer . GMC Constiüctica hereby certifies that all roof replacement work pcrfamied under the scope of this contract will be performed in acccidance with the requirements set forth by the NaticñâI Roofing CouÃñictcrs' Association (NRCA) and the manufacturers of each ccrapeacat used. GMC Construction shall guarantee the kna"ation of reefmg materials including, but not limited to decking, EPDM Rubber Roof, Drip Edge, Roof Drain and flashing to be in accordance with arers' specifications and completely watertight for a period of 15 years. This guarantee includes replacement and i=t=!!ation of any faUed or faulty roofing componee but, does not extend to or imply liabilityfor damage to interior building components or contents. P Subject to the gusrssice listed above, GMC Construction shall, at theirsole cost and expense, make full replacement or repair of the work performed pusouaut to the terms of this residentia!roofmg contract. This includes repair of EPDM Rubber Roof, Drip Edge, flashing, felts,and ridges. G MC Construction agrees to respond to any mtifination of roofing leak, failure, or fault within 48-72 hours of notificatioñ by [Timothy S. Brennan]. This roofing guarantee does not cover damâgc caused by natural causes, such as wind, hail, or lightniñg. Likewise, it does not cover damage by the homeowner, additional contractors, or any irgilvidual not employed by OMC Construction. Damage caused by these sources shall be the sole responsibmty of [Timothy S. Brennan] to rentedy. FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020 This doct-ent shallbe the sole agmement between the Parties for the services described herein. No other promises, arrangements, or guarantees not specineally outlined here are valid. The opntract price shall be payable as follows: 30 % $ Deposit at contract signing and the rest in the substantial compkian. Substantial completion occurs when the work has been completed and allmaterlais installed as per the Scope of work. [Timothy S. B==_e] agrees to pay the fhil amount indicated in this contract {Timothy S. Brcs.s-] may be made by cash, check, or credit card. OMC Construction shall be solely responsible fbr the safety of their empigyces, supplies, and subconnetera threaghast the project. This !ncIndes ensuring that all workers follow OSHA job safety standards at alltimes. Any disputes related to this contract shall be resolved through aneutral arbitrator. In the event of a dispute, the findings af the neutral arbitratorshall be considered final and appealable. Sincerely Juan M. Chuqui Customer Date of Acceptance: 07/_/2020 GMC Construction INC 3RD 114 Street Albany NY 12209 FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020 GMC - CONSTRUCTION I I4 3RD Street ' Al bany, New York 12210 (51 491 - 8986 / (5 805-944 I 8) 18) ... gmcconstructioninexam / gmc_construction.!ne ael.com General Contracting - - Metal - wir.dGWs -FlatRoofing Roofing 5tding Roofing To: Timothy 5.Brennan Work Performed at:Juan Chuqui Address: 175 South Broadway Saratoga Springs NY 12866 DE5CiiiPTION DATE QTV UNIT PRICE AMOUNT ReplaceFlat Roof 27-Jul-20 1 $20,000.00 $20,000.00 Rip Old FlatRoof $0.00 $- !nsta!!!ngNew EPDM Rubber Roof 60 Mil $0.00 $- Egde" $- Replace allOrip Egde "Metal so.00 Inch" $- Put insulation "2.5 $0.00 Put Matel and Rubber on Drain $0.00 $- Clean $0,00 $- Up Everything Dumpster $0.00 $- $0,00 $- $0.00 $- $0.00 $- ALL THE MATERIAL INCLUDED $0,00 $- SUBTOTAL TAX RATE 30% depositto start the project $ SALES TM Authorized Signature by Customer Date of acceptance: / /20 FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020 Timothy Brennan From: David Harper Sent: Thursday, September 17, 2020 4:37 PM To: Timothy Brennan; Crain, Jon Subject: RE: Did Judge Nolan ever decide the motion? Jon & Tim - if you two can't agree on a specific I suppose I will contact Judge Nolan for roofing quote, guidance. David A. Harper, Esq. 480 - Suite 211 Broadway Saratoga Springs, NY 12866 Work: (518) 587-6670 Fax: (518) 587-6672 From: Timothy Brennan [mailto:Tim@ppdlawfirm.com] Sent: Tuesday, September 15, 2020 4:51 PM To: Crain, Jon ; David Harper Subject: RE: Did Judge Nolan ever decide the motion? Thanks Jon. My clientsare willing to agree to the specific replacement quote we provided with the 15 year warrantee. I can get an edditional copy ifyou would liketo review itDavid. If Jonis taking the position that an injunction isnecessary, I would rather not have to make another motion/application at thisjuncture. With that being said, please let me know ifone is necessary. Itwould seem that we could avoid allof thisifwe just select the quote to replace the roof that my clients agree Plaintiffs' to. get the roof replaced, and my clientsget the 15-year warraritee and project scope they are comfortable with. Do we think speaking on the phone as a group might help? Just a thought, Timothy S. Brennan, Esq. Partner PHELAN, PHELAN & DANEK, LLP 300 Great Oaks Boulevard, Suite 315 Albany, New York 12203 Phone: 518-640-6900 Fax: 518-640-6955 Email: tim@ppdlawfirm.com BEST LAW RRMS 2018 SuperLawyers.c.on 1 FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020 Phelan Phelan & Danek remains open and fullyoperational with allstaff and attorneys working remotely. In lightof the government's recent shelter in place orders, we willbe serving alldocuments via email only. Please be advised that we also request that senders do the same and serve documents via email only, foregoing regular mail. We request that all legalcorrespondence, discovery, motions and pleadings, be electronically served via email, as well as any other documents untilfurther notice. Thank you. This electronic message contains information that may be privileged, confideñtial or otherwise protected from disclosure. The information contained herein is intended for the addressee only. If you are not the addressee, any disclosure, copying, distribution or use ofthe contents of this message (including any attachments) isprohibited. Ifyou have received thiselectronic message in error, please notify the sender immediately and destroy the origiñal message and allcopies. From: Crain, Jon Sent: Tuesday, September 15, 2020 4:44 PM To: Timothy Brennan ; David Harper Subject: RE: Did Judge Nolan ever decide the motion? Our position continues to be that Dave has authority from Judge Nolan to move forward with any ofthe several quotes for a replacement that has been provided, and Tim's pending motion has no impact. No injunction is inplace. As Tim is aware, the parties have difficulty agreeing on anything, but Judge Nolan gave Dave the authority to chose any of the replacement quotes provided. Sent from my Verizon, Samsung Galaxy smartphone --------Original message -------- From: Timothy Brennan Date: 9/15/20 4:35 PM (GMT-05:00) Jon" To: David Harper , "Crain, Subject: RE: Did Judge Nolan ever decide the motion? David: We do not have a decision on that motion yet. I made an offer to have the roof replaced using the bid submitted by my clients, which had the lowest price and came with a 15 year warrantee. Plaintiffdid not respond to the offer and we continued on with the motion. I reiterated that offer to Jon about a week ago and was told that he would circle back to discuss itwith his client. We will, of course, notify you immediately upon receiving a decision or ifwe reach an agreement on how to proceed. Tim Timothy S. Brennan, Esq. Partner PHELAN, PHELAN &DANEK, LLP 300 Great Oaks Boulevard, Suite 315 Albany, New York 12203 Phone: 518-640-6900 2 FILED: SARATOGA COUNTY CLERK 09/18/2020 09:45 AM INDEX NO. 20162946 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/18/2020 Fax: 518-640-6955 Email: tjm_@_p_pdlawfirm.com t½t Lamm BEST Super Lawyers . . Timothy s.Brennan 2018 supertawyers.com Phelan Phelan & Danek remains open and fullyoperational with allstaffand attorneys working remotely. in lightof the government's recent shelter in place orders, we will be serving alldocuments via email only. Please be advised that we also request that senders do the same and serve documents via email only, foregoing regular mail. We request that all legal correspondence, discovery, motions and pleadings, be electronically served via email, as well as any other documents untilfurther notice. Thank you. This electronic message contains information that may be privilegêd, confidential or Otlierwise protected from disclosure. The information contained herein is intended for the addressee only. Ifyou are not the addressee, any disc!esure, copying, distribution or use ofthe contents of thismessage (including any attachments) isprohibited. Ifyou have received this electronic message in error, please notify the sender immediately and destroy the original message and allcopies. From: David Harper Sent: Tuesday, September 15, 2020 4:32 PM To: Crain,Jon ; Timothy Brennan Subject: Did Judge Nolan ever decide the motion? Jon and Tim - Are we still on Judge Nolan to decide whether to fix the roof? Tim - I recall you moved waiting to reargue his decision granting me authority to fix the roof. Did that motion get lost in the shuffle over your MSJ? David A. Harper, Esq. 480 - Suite 211 Broadway Saratoga Springs, NY 12866 Work: (518) 587-6670 Fax: (518) 587-6672 3