1) request for repair

Hello Alicia,
 
Wanted to touch base with you on a repair. In our inspection report, we noted that one of the mirrors on the sliding door that had a crack in the lower right-hand corner.
 
Unfortunately, this crack has expanded the entire expanse of the mirror, to the point where I am concerned about the safety of the door. This happened yesterday.
 
Here are some pictures - https://www.evernote.com/shard/s272/sh/74405c0f-5008-4388-ba92-7556294942f7/6e6e079988baa172f79aa2b19993a9b7
 
Would it be possible to send someone out to replace the mirror and ensure the door is in good working order.
 
Thanks.

 
-James

-- 
James Fryman
ph +1.615.669.2048 | twitter jfryman | gtalk: james@frymanet.com

2) Summit Reply

On Mar 18, 2014, at 11:20 AM, Ronnie Willms <ronnie@summitnashville.com> wrote:

James,
 
I hope all is well for you!  In regard to the mirror on the door, I am perplexed.  That door was installed new in May of 2012.   According to our records; which include my written inspection and pictures taken just prior to February 15th ( I am including a couple of pictures that I took that are time stamped and show the corner of the door you refer to), a repairman that came and replaced light bulbs and a filter,  a visit to the property by our cleaning crew two days prior to the 15th, and finally, a thorough follow up inspection by our owner (copied above) immediately after the cleaning crew completed the cleaning – there is no record the door was cracked at that time.  I specifically inquired of our owner this morning and he indicated the mirror was not cracked when he looked at the unit.   There were no other individuals or companies in the unit from that time until the possession date of 02-15-2014.  Is it possible the carpet laying company you hired cracked the mirror?  That seems to be the only plausible explanation, as they would have been the only other entities in the unit prior to the 27th (the day on your inspection is dated) other than yourself. 
 
Please check with whoever installed the carpeting.  Also, please send me a picture of the actual corner where the crack originated. 
 
Johnny is scheduled to come tomorrow to install the blinds and I will ask him to measure for the replacement mirror while he is there.  
 
All additional/on-going correspondence regarding this matter needs to be directed to myself personally or to our owner, Cory, who is copied above. 
 
Thank you.
 
Ronnie
 
Best regards,
 
Ronnie Willms
Project Manager/REALTOR
Summit Property Management, LLC
209 10th Ave South
Suite 235
Nashville, Tn 37203
O 615 457 2643
C 615 636 1832
F 615 942 8970
Emergency Only: 615 636 9662
 
<image001.jpg>
Check Out Our Award Winning Website:  www.SummitNashville.com
 
 
 
From: James Fryman [mailto:james@frymanet.com] 
Sent: Monday, March 17, 2014 8:01 PM
To: Ronnie Willms
Cc: Alicia Sells
Subject: Fwd: Repair: The Viridian (Unit 1404) - Mirror
 
Hi Ronnie!
 
I'm forwarding the below message to you per Alicia's Out of Office message. Your help is greatly appreciated!
-James

-- 
James Fryman
ph +1.615.669.2048 | twitter jfryman | gtalk: james@frymanet.com
 

---------- Forwarded message ----------
From: James Fryman <james@frymanet.com>
Date: Mon, Mar 17, 2014 at 7:58 PM
Subject: Repair: The Viridian (Unit 1404) - Mirror
To: Alicia Sells <Alicia@summitnashville.com>


Hello Alicia,
 
Wanted to touch base with you on a repair. In our inspection report, we noted that one of the mirrors on the sliding door that had a crack in the lower right-hand corner.
 
Unfortunately, this crack has expanded the entire expanse of the mirror, to the point where I am concerned about the safety of the door. This happened yesterday.
 
Here are some pictures - https://www.evernote.com/shard/s272/sh/74405c0f-5008-4388-ba92-7556294942f7/6e6e079988baa172f79aa2b19993a9b7
 
Would it be possible to send someone out to replace the mirror and ensure the door is in good working order.
 
Thanks.

 
-James

-- 
James Fryman
ph +1.615.669.2048 | twitter jfryman | gtalk: james@frymanet.com
 
<IMG_9418.JPG><IMG_9420.JPG>

3) Response to Summit

From: James Fryman [mailto:james@frymanet.com] 
Sent: Wednesday, April 02, 2014 9:42 AM
To: Ronnie Willms
Cc: Alicia Sells; cory@summitnashville.com; Melanie Fryman
Subject: Re: Repair: The Viridian (Unit 1404) - Mirror
 
Hi Ronnie (and Alicia and Cory!)
 
Thanks for the response. My apologies first for the delay in response, I recently had an injury that has prevented me from using computer all that much. I now have some voice recognition, so I am able to get a few things done.
 
I must admit, I am quite confused as well.  As far as I can honestly remember, the door was cracked upon taking possession of the unit. I’ve reached out to the contracting company supplied by you to determine whether or not they may have broken the glass. I can only assume they were bonded and insured, and if they did they did not notify me of the break. However, looking at the door even more, the bottom track wheel appears to be broken beyond all explanation. In addition, the frame of the entire mirror is bent. Truthfully, I’m surprised it wasn’t broken previously. It looks like regardless of the situation it would have broken.
 
I’m also little confused, as the move-in sheet we’ve supplied clearly outlined the initial break in the bottom right-hand corner of the glass, and was signed off by Summit property management. What confusing to me is that I was under the impression that we agreed that this was a previous break. From what I can tell this is an extension of that break.
 
Now all that being said, I am most concerned about the safety and usability of this door. I certainly appreciate how helpful you all have been in repairing some of the other items in the house. I know Johnny came by took some measurements, and said he would get back with me.
 
I’ve included the original break photo that I supplied along with the moving sheet attached. 
 
Let’s figure out the best way to resolve this. Let me know your thoughts when you get a moment.
 
– James
 

4) Response 2 from Summit

From: "Ronnie Willms" <ronnie@summitnashville.com>
Subject: RE: Repair: The Viridian (Unit 1404) - Mirror
Date: April 7, 2014 at 4:26:34 PM CDT
To: "'James Fryman'" <james@frymanet.com>
Cc: "'Alicia Sells'" <Alicia@summitnashville.com>, <cory@summitnashville.com>, "'Melanie Fryman'" <melanie@frymanet.com>

James,
 
Thank you for your email.  In regard to the damaged mirror door, I reiterate what I stated in our previous communication.  There were several individuals; including our cleaning crew, Johnny, our owner and myself, that note it wasn’t broken as of a day before possession was taken on 02-15-2014.  The day before is the day when our owner walked through the unit to inspect it.  The pictures that I took (included here) clearly show both right hand door corners and neither one is cracked.  There wasn’t anyone else from our company in the unit after 02-14-2014 (our owner, Cory). 
 
In regard to our office signing off on the inspection paperwork, that was simply to acknowledge that we did receive it and when the form was received by our office.  Please advise who the individual was from our office that was in agreement the door was broken previous to the possession date.  I would also request the name of the carpet installation company?
 
I would advise that you follow up with the carpet company to determine if they accidently damaged the door.
 
Thank you for your cooperation.
 
Best regards,
 
Ronnie Willms
Project Manager/REALTOR
Summit Property Management, LLC
209 10th Ave South
Suite 235
Nashville, Tn 37203
O 615 457 2643
C 615 636 1832
F 615 942 8970
Emergency Only: 615 636 9662

5) Response to Summit 2

Hi Ronnie,

I must admit, I am super confused by this email and the one preceding it. Is there an issue with getting the door replaced? I’m not quite following the line of reasoning as to ‘when’ the mirror broke. The fact still is that the mirror is still broken, and needs to be replaced. I’d certainly love to know what the status of getting a replacement is, as my door is not safely usable right now.

Let me outline what I know to this point for your records, and we can figure out the best course of action. I had my assistant Alex call Contract Properties (615-356-0755) and speak with Debbie on April 2, and Debbie got in touch with the installer, JP, that indicated that the mirror was cracked when he arrived. I am happy to provide a paper trail of that if you need for your records.

Directly on the move-in form it says “This Form is for your protection as a tenant so you are not held liable for any existing damages”, and this was received by Jenna McDermont on 2/27/14. I am unclear how acknowledgement of receipt is not acceptance of the items listed on that form. It seems to me that if there was concern of the mirror, receipt time would have been the time to resolve that issue. 

I will also highlight that some of the issues not fixed prior to move in were not minor. In a previous exchange that we had related to a blind repair, you said at that time "In regard to the blinds, again, all were functioning well at the time of the inspection.  Are you reporting that both blinds will not close or open with the turn rods on either blind??”, and yet when you had another one of your contractors come out they in fact found that the blinds *were* broken and needed to be replaced. I am unsure how to rectify this either.

So, let’s get to brass tacks here. Thus far, we have had a few exchanges about this, and *none* of them have yielded any forward movement on the actual replacement of the mirror, but in fact have been attempts to absolve Summit of any responsibility. Let me throw out a few data points:

* As requested by Summit, any and all work done to the property must be done via contractors by Summit. Let’s assume for a moment they *did* break the mirror. I would think that you should know who did the work and also take the action to receive damages. 
* I did not physically move in until after all work was done to the property, and all pictures taken for proof happened before move in on 2/26

I also feel like I am in-between a rock and a hard place. Myself, my wife, contractors all are in agreement that the initial crack was there prior to any work being done. Again, assume for a moment that they broke it - I was unable to use contractors that I have known for almost a decade and have done work on properties that I own and lease/rent. I do not feel that even in that case I should be liable for damages. Conversely, I am unable to call my own contractors for the same reason, nor am I able to structurally alter the unit without approval from you and the owner. So, I am currently stuck with this broken mirror that in any other circumstance I would have just taken care of myself.

What is even more upsetting is that you have not proposed *any* solutions to this problem. I don’t even know if we’re arguing over $300 or $3000.  I honestly feel like I’m getting the run-around here. If I were liable in any way, I would be happy to own up to this and offer to pay the cost. However, from my perspective, it was there, and I believe I have more than enough documentation and corroborators to stand by that.

What are you doing about this, and when will the door be fixed? I am happy to come down to the office and chat about this in person if that will help move things along. My biggest concern is having the glass shatter and create a big problem.

Please advise. Thanks.

-James

6) Reply from summit 3

James,
 
I regret that you are confused by the issue but I will reply as succinctly as possible.   From the outset, we and the owner have made every attempt to appease and respond to your requests in a reasonable and timely manner.  This would include using the color of paint of your choosing to replacing $600.00+  blinds.  In addition, we have responded quickly to your other requests of maintenance and repair to your admitted satisfaction, of which all were normal, minor issues.  
 
However, in regard to the mirror – it is simple.  As of the 14th of February it was not broken, nor cracked nor was the track damaged.  There were several individuals in the unit from our company;  including myself on the 13th, our owner and the owner of the property (to look at the paint job) on the 14th.  The mirror nor the track were damaged at that time as of the 14th of February.  I have also sent pictures showing the very corner where it is stated the crack originated that clearly shows there was no crack.   Your lease commenced on the 15th of February, after which time you were in possession of the unit.  The cost to replace the mirrored door is $300.00.   Because you were in possession of the unit at the time of damage it is your responsibility to absorb that cost, regardless of who damaged it, unless caused by an individual sent via work order by us (me).  I have no idea how it broke or how the track was bent as severely as it was.  What I am able to state with certainty is that it was not in damaged condition the last time anyone from our company (or the owner of the property) was inside the unit on the 14th of February.
 
We will be glad to order and replace the door, with the understanding you assume responsibility to pay for the work, either with a separate check this month or added to next month’s rent in the amount of $300.00.   I truly regret this is the situation and hope we can proceed with the repair as needed.
 
Thank you. 
 
Best regards,
 
Ronnie Willms
Project Manager/REALTOR
Summit Property Management, LLC
209 10th Ave South
Suite 235
Nashville, Tn 37203
O 615 457 2643
C 615 636 1832
F 615 942 8970
Emergency Only: 615 636 9662
 

7) Reply to Summit 4

Ronnie,

The bottom line is that both you and I both have better things to do than squabble over this amount of money in small claims court. It is clear that we disagree on the outcome. I will pay for the replacement cost of the door. 

Please provide all documentation related to the purchase of the door. I would like to know also when this work will be done. Please advise.

Thank you

-James