One of the know-nothings has been heard from again. Grace Macklin
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From: email@example.com [mailto:firstname.lastname@example.org]
Sent: Wednesday, September 24, 2014 8:45 AM
Subject: Re: $5 Million Dollar Roadway Disaster
I will not be part of your lawsuit. The delegates voted for the MM paving company. We were told that the way we voted to go was an inferior job and the old cracks on the road would come back. We were told that to prevent that MM would have to dig up the old road and start over. There was a big meeting. As usual the Delegates voted for the cheaper job and we got just what we voted for. As well when the job was over the job was inspected by an outside person and approved.
WE GOT WHAT WE PAID FOR.
TAKE ME OFF YOUR MAILING LIST. I AM NOT INTERESTED!!
So the Mighty Grace agrees that the road job, which cost in excess of $5 Million Dollars was, no doubt, an inferior job The old cracks will and did come back. It is the Delegates fault, for they voted for the cheaper job. The current administration which led the charge to go ahead, has no fault at all.
Grace beware. As a resident expert on road repairs you may be deposed in the coming lawsuit.
The problem here is that we may have been warned that the job was going to be poor and that to do the right job we needed more money, but the fact of the matter is M&M had no right to decide what was an adequate job and what was not. They, in cahoots with D. Israel and maybe Ed Black and maybe you, all three of you, decided that to do an adequate job for $5 Million dollars was the poor job they did. The fact that we were told a poor job was in the offering is not Germain to his situation. They had no right to do a poor job. And of course the President has a say in this and I bet he sided against the better job, and talked the sleepy Delegates into it.
We, the Citizens of Century Village, contracted to get the roads repaved and we were entitled to get the best job M&M could do.Not the worst job. In spite of your venomous remarks. Not withstanding and in addition to, your dumb and stupid remarks, The Village is protected from such poor actions by our leadership and their contractors. I know there is Law that protects us from this.
You Grace Macklin, do not belong to be part of this Lawsuit, but despite your protestations the law says you are to be protected. And so you will be.
For now please be quiet and let us do our work.
A cursory look through contract laws brings up a number of laws that are applicable to our situation
Claims for poor workmanship and/or defects in the works are allowable, even encouraged. No matter what the UCO denizens think. What you think? What does DI thinks?
Defective work frequently occurs in construction projects. Defects may range from de minimis items included within snagging lists at practical completion, to significant but undetected (or latent) problems. A defect is generally a breach of contract by the contractor, but could relate to design that the contractor did not carry out, in which case only a professional consultant might be liable.
Standard form contracts usually contain a defects liability clause that obliges the contractor to return to site, at its own cost, during the defects liability period or rectification period (normally six or 12 months) and remedy any defects that arise.
A contractor who is responsible for design and construction of the works may be liable for a defect that is caused, by poor workmanship, negligent design, poor materials or a mixture of all three.
Maintenance treatments for asphalt concrete generally include thin asphalt overlays, crack sealing, surface rejuvenating, fog sealing, micro milling or diamond grinding and surface treatments. Thin surfacing preserves, protects and improves the functional condition of the road while reducing the need for routing maintenance, leading to extended service life without increasing structural capacity.
Why was this not done?
Is it possible, that Grace Macklins' education is such that she has limited understanding of what we are complaining about here.
Of course in Florida we have code enforcement. No matter what you want, what you pay for, you must pass through Code enforcement. They will protect you against yourself inspite of your self.