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Building Code Board of Appeals
<br />Meeting Minutes
<br />(DATE)
<br />Page 17 of 27
<br />Cotton -Baez told Louden to continue with Fordyce Auto Center. Louden stated he
<br />only had one contract with Gordon Fordyce. Louden stated, Clark was inaccurate.
<br />Louden continued, one of the buildings is ballasted, the rocks break the hail. Louden
<br />stated, the Fordyce insurance was only covering for a couple repairs and that is what
<br />the permit was for, a couple repairs. Louden stated, Fordyce kept the first two
<br />checks. Louden continued, he was trying to get an entire reroof---- it took a long time
<br />because it was an auto commercial claim. Louden let the roof permit expire purposely
<br />because no monies were awarded for a whole roof replacement. Louden explained if
<br />you want to do additional work outside the claim, it is not going to be on the claim.
<br />Berry asked if city would like to cross-examine the licensee.
<br />Gollin asked Louden, how long have you been in the roofing business? Louden
<br />replied, about 14 years. Gollin asked, you would agree that both of these contracts
<br />we are discussing today are yours, correct? Louden replied, oh yeah. Gollin asked,
<br />the terms of the contract, you have to abide by them too? Louden replied, yes, the
<br />terms of the contract.
<br />Gollin added, you said that under your contract with Ruppert, you did not do siding,
<br />or the deck. Louden agreed, not the siding or the deck. Gollin continued, you are
<br />telling the board that for some reason, the subs show up and started doing the work
<br />when you did not tell them to begin, correct? Louden replied, no I did not. Gollin
<br />continued, what you are telling the board is that for some reason these guys show up
<br />and start doing the work when you did not tell them to do it? Louden replied, Mr.
<br />Ruppert told them to go ahead —I okayed 2-3 pieces of siding, less than one square,
<br />the rest I did not authorize. Gollin-they work for you right? Louden, yes they do, but I
<br />did not authorize the deck. Gollin asked, you heard the testimony tonight, right?
<br />Louden, yes I did. Gollin stated, Ruppert was aghast at the job that they did. Louden
<br />replied, I did not hire them, I did not do it. Gollin continued, Mr. Ruppert testified that
<br />the workers told him you sent them to do the work. Louden replied, not the deck.
<br />Gollin- you did not authorize the deck, or that much siding... Louden interrupted,
<br />three pieces of siding because they painted as well. Gollin-(inaudible). Gollin stated,
<br />this thing from American National, Exhibit 23, dated 10-15-2019. Louden
<br />acknowledged.
<br />Gollin stated, the reroof contract was signed in October of 2018; the roof passed its
<br />final inspection August of 2019. Louden agreed. Gollin stated, this is dated two
<br />months after the roof was complete. Louden asked, what is the question? Gollin
<br />stated, the problem is you signed the contract, you said you'd do the work, and you
<br />did not do the work. Louden stated, I only asked for payment of the work that I did.
<br />Gollin —your contract stated no out of pocket expense. Louden agreed —from
<br />insurance proceeds. Gollin stated, you never did the deck or the screens. Louden
<br />replied, it was not on the insurance scope. Louden said, he knew that and he never
<br />charged for it. Gollin, but you said you would do it. Louden, I didn't charge for it, I
<br />didn't do it. Louden continued, Ruppert breached the contract in fall of 2019. Gollin
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