Monday, September 28, 2009

The Spark

fromEric Langill
torcoutu@hudsonnh.gov,
kmassey@hudsonnh.gov,
jasper827@myfairpoint.net,
bos@rmaddox.net,
bennadeauhbos@yahoo.com,
bigjerry28@msn.com
dateFri, Aug 14, 2009 at 10:43 AM
subjectMark Pearson
mailed-bygmail.com

hide details Aug 14

KSL Contracting

MA Home Improvement Contractor LIC #150698

MA Construction Supervisors LIC # CS093502

Certified OSHA Instructor

Historic Renovations

603-864-9515 603-318-1612

8/14/2009

To: Town of Hudson

Board of Selectmen

Town Administrator
Joseph M. Annutto, PLLC. Esq.

This letter is to inform the Town of Hudson of the events leading to the removal of KSL Contracting Co-Owner Eric Langill from the Benson’s property.

With the greatest amount of respect for the Town of Hudson and the town officials, we respectfully request Assistant Town Administrator, Mark Pearson be removed from the position of Project Manager for the town.

This request comes before the town for the reasons of inadequate ability of the Project Manager to properly operate a construction project of this size.

The following is a brief review of the events taking place before the removal of the co-owner of KSL Contracting.

On the 14th day of July, Assistant Town Administrator informed KSL Contracting the he solely had the authority to issue payment for each project as they were completed. This was verbally guaranteed in the office of the Assistant Town Administrator. The reason KSL Contracting clarified this issue with the Assistant Town Administrator was so that business could be properly operated with a multi-phase project.

On the 3rd day of August, Assistant Town Administrator informed KSL Contracting that he found the A-Frame building “incomplete” after payment was already made to KSL Contracting. It was requested that KSL Contracting go outside its scope of work per contract, and install a skirt board around the A-Frame which clearly never existed. As part of a courtesy to the Town of Hudson, KSL Contracting agreed to perform this work outside the scope of work at no charge to the town. After materials were purchased, Assistant Town Administrator then requested a new approach for the scope of work our side the contract. KSL Contracting was then instructed by the Assistant Town Administrator that he lacked the knowledge and to speak with Selectmen Jasper.

On the 18th of July, after speaking with Selectmen Ben Nadeau in regards to the tree removal around the property. While KSL Contracting volunteered for the town to assist in Benson’s clean up. It was agreed upon between KSL Contracting and Mr. Nadeau that we would assist the town with the tree removal in return for the volunteers to complete the light clean up of the project sites.

On the 29th of July, three change orders were submitted to the Assistant Town Administrator in regards to:

1. The removal of the dormers on the Office Building.

2. Addendum to the completion date.

3. Reduction of the “15 Day” clause for payment for the best interest of both parties.

In return, KSL Contracting failed to receive answers regarding the dormers, and the reduction of the 15 days. KSL Contracting was informed by the Assistant Town Administrator that only one change order was approved.

On the 12th August, Assistant Town Administrator informed KSL Contracting that the Town of Hudson would be hiring an outside contractor for the cleanup of bat guano from the barn. After making this statement he informed KSL Contracting that the guano was in fact toxic and the use of respirators was needed. Shortly after his statement he inquired to KSL Contracting if we can clean the debris up with use of “large shop vac’s”. Once again clearly outside the scope of work.

On the 12th of August, Assistant Town Administrator requested KSL Contracting to make changes outside of the the detailed scope of work that he stated in the RFP regarding the Office Building. It was requested that additional material be supplied by KSL Contracting because of lack of detail in the RFP. The Assistant Town Administrator then proceeded to give KSL Contracting brochures for the additional material needed. This request was believed to be at no extra cost to the town.

In regards to the notice from the Assistant Town Administrator on the 12th of August. KLS Contracting was under the impression that this project had a completion date of October 30th, 2009.

Eric Langill is presently the co-owner and administrator/estimator to the company for KSL Contracting. There for has the authority to question the timeline of being paid for work already completed.

When the Assistant Town Administrator approached Eric Langill, he was questioned for a “date” when payment would be ready. This question was asked for the strict purpose of scheduling and the proper operation of a business. It was indicated by the Assistant Town Administrator that check would be ready within 15 days of the “INVOICE DATE ACCEPTED August 4th 2009 for the Gorilla House ”. At which time Eric Langill acknowledged the Assistant Town Administrators statement. Present for this discussion was Ken Dickinson, Chairman of the Benson’s Committee.


(It was brought to the Assistant Town Administrator’s attention numerous times that the cost of equipment, the scheduling of labor, and the proper operation of business to operate is impossible with a 15 day window to get paid on a multi phase project.)

The Assistant Town Administrator then turned to Kevin Langill, co-owner of KSL Contracting with a tone out of character and unprofessional, harshly stating that he was revoking KSL Contracting contact for the Hazelton Barn and to keep his employee’s away from him. Also, present was Ken Dickinson, Chairman of the Benson’s Committee.

The Assistant Town Administrator then proceeded to the Elephant House where Shaden Construction was also present. At this time co-owner Eric Langill attempted to apologize for any disrespect when the Assistant Town Administrator put his hand in Eric Langill’s face and said “I have nothing more to say to you”. Present was Ken Dickinson.

At this time, Assistant Town Administrator proceeded to Kevin Langill, co-owner, and angrily stated in an unprofessional character and voice “What part of keeping your employee’s away from me don’t you understand”. Ken Dickinson was again present.

Furthermore it seems as if Assistant Town Administrator, is unqualified for the daily activities of project management on a construction site per KSL Contracting opinion. We would respectfully ask that the Town of Hudson offer KSL Contracting another point of contact for the ongoing construction of Benson’s Animal Park who is adequately qualified in the construction field. Also, KSL Contracting request that all invoice and payment processing be through the Town Administrator only.
With respect to the Town of Hudson, we would like to present the opportunity to discuss this matter before the 25th of August so that we may continue to operated daily scopes of work.
Thank you for your time and understanding.

--
KSL Contracting
Serving NH & MA
603-318-1612
MA CSL License #93502
MA HIC License #150698

The Email








Dear Chairman Coutu,

In regards to the letter we received early this morning concerning the Office Building. We are looking for clarification on the reason we have been stopped. Materials have been ordered and we have equipment on the job site costing us in access of $1,000.00 per week. Please advise.

Best Regards,

Eric Langill

--
KSL Contracting
Serving NH & MA
603-318-1612
MA CSL License #93502
MA HIC License #150698


fromCoutu, Roger
toEric Langill
dateTue, Aug 18, 2009 at 3:39 PM
subjectRE: Office Building
mailed-byhudsonnh.gov



Eric:
Please contact Selectman Massey as he is the person I have delegated this to as I'm off to Colorado to,orrow.
Thank you,
Roger E. Coutu


fromEric Langill
to"Coutu, Roger"
dateTue, Aug 18, 2009 at 3:43 PM
subjectRe: Office Building
mailed-bygmail.com

hide details Aug 18

Roger,

Thank you, have a great time in Colorado.

Best Regards,

Eric Langill
KSL Contracting
|
fromCoutu, Roger
toEric Langill
dateTue, Aug 18, 2009 at 3:45 PM
subjectRE: Office Building
mailed-byhudsonnh.gov



Thanks Eric and hope to resolve this on Tuesday the 25th for all parties concerned so we can move on in a possitive manner.







from
Eric Langill
tokmassey@hudsonnh.gov
dateTue, Aug 18, 2009 at 3:48 PM
subjectFwd: Office Building
mailed-bygmail.com

hide details Aug 18

Dear Selectman Massey,

I have been asked to forward the following message by Chairman Coutu.

In regards to the letter we received early this morning concerning the Office Building. We are looking for clarification on the reason we have been stopped. Materials have been ordered and we have equipment on the job site costing us in access of $1,000.00 per week. Please advise.

Furthermore we would like the opportunity to meet with you tomorrow when ever is convenient for you to discuss the ongoing events. We would like to put some closure to this ongoing conflict and find a resolution. Please contact our office at 603-318-1612.

Thank you,

Eric Langill
KSL Contracting


fromEric Langill
tokmassey@hudsonnh.gov
dateTue, Aug 18, 2009 at 12:58 PM
subjectOSB Sheathing on a Roof
mailed-bygmail.com

hide details Aug 18

Dear Selectman Massey,

Please view the attached documents regarding the use of Oriented Strand Board (OSB) as a substrate on a roof.



Best Regards,

--
KSL Contracting
Serving NH & MA
603-318-1612
MA CSL License #93502
MA HIC License #150698


fromEric Langill
tokmassey@hudsonnh.gov
ccEric Langill
dateWed, Aug 19, 2009 at 2:10 PM
subjectPictures for your records
mailed-bygmail.com

hide details Aug 19

Dear Selectman Massey,

Attached are photos of the board replacement as well as structural repairs. I have over 200 if you would like more.

I will be submitting an invoice for the amount of $4,152.00 for board replacement already used. (1,038 sqft)

A-Frame - 246sqft

Gorilla House - 768sqft

Kitchen - 24sqft (not complete)

Please also forward me the Town Code regarding Tuesday nights meeting to be public.

Thank you,


--
KSL Contracting
Serving NH & MA
603-318-1612
MA CSL License #93502
MA HIC License #150698
Please always respond with a confirmation email to let us know you have received our documents.
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11


fromMassey, Ken
toEric Langill
dateThu, Aug 20, 2009 at 8:36 AM
subjectRE: Pictures for your records
mailed-byhudsonnh.gov

hide details Aug 20

KSL:

The state statute governing when a public body may enter into non-public session is 91-A:3. You can find a copy at

http://www.gencourt.state.nh.us/rsa/html/vi/91-a/91-a-3.htm

Selectman Ken Massey


fromEric Langill
to"Massey, Ken"
dateThu, Aug 20, 2009 at 9:31 AM
subjectRe: Pictures for your records
mailed-bygmail.com

hide details Aug 20

Ken,

Please find attached our invoice from Structural Response LLC. who is currently working on the structural part of the Hazelton Barn. Work has commenced on the Hazelton Barn since the 14th of July within our office and our structural engineer's office.

I will look into the state statue and get back to you.

Best Regards,

EricLangill
KSL Contracting



fromEric Langill
to"Massey, Ken"
dateFri, Aug 21, 2009 at 7:56 AM
subjectStructural Engineer
mailed-bygmail.com

hide details Aug 21

Dear Selectman Massey,

I would like to invite you and or the Town Administrator to join Kevin at the Gorilla House this morning at 9:00am. We have a Structural Engineer doing a report on the structure.

Best Regards,

Eric Langill

--
KSL Contracting
Serving NH & MA
603-318-1612
MA CSL License #93502
MA HIC License #150698



fromPearson, Mark
to"kslcontracting@gmail.com"
dateMon, Aug 17, 2009 at 8:49 AM
subjectFollow Up to Proceed
mailed-byhudsonnh.gov

hide details Aug 17

Kevin,

As I discussed with you this morning at Benson's, I called the Chairman of the Board of Selectmen and discussed the abandonment of the Office building on Friday. I received a response from the Chairman this morning after our conversation that KSL may proceed on the Office Building. Please secure the Office Building at the conclusion of each work day as we discussed.

Mark A. Pearson

Assistant Town Administrator

Townseal_websign-text

12 School Street

Hudson, NH 03051

603-886-6005



fromEric Langill
to"Massey, Ken"
dateWed, Aug 26, 2009 at 10:03 AM
subjectBalance and Belongings
mailed-bygmail.com

hide details Aug 26

Dear Chairman Massey,

Please let me know when our check for the replacement boards is ready ($4,152.00) and at the same time we would like the opportunity to retrieve our belongings on site.

Sincerely,

Eric Langill
KSL Contracting
--
KSL Contracting
Serving NH & MA
603-318-1612
MA CSL License #93502
MA HIC License #150698


From: Pearson, Mark
Sent: Thursday, August 27, 2009 11:12 AM
To: 'sbuckley@hagehodes.com'
Cc: Malizia, Steve
Subject: RE: Response to K. Massey email on Balance and Belongings

KSL Contracting,

I received your email dated August 26, 2009 addressed to Selectman Massey. Selectman Massey forwarded your email to me in order to respond to your requests. With respect to retrieving your belongings, I suspect you are only referring to the rented Lull from United Rental. I am not aware of any other belongings on the Benson Park Property. You may retrieve the Lull simply by contacting the Hudson Police to make arrangements to meet them at the front gate to pick up the Lull. If there are any other belongings on the site, please respond in kind with an email so I may verify the items before I release them to KSL. In kind, the Town of Hudson is requesting the return on the key or keys to the Hazelton Barn locks and any other items KSL may have in their possession that is the property of the town. Specifically, I am looking for the combination lock that was at the gate leading to the driveway leading down to the A-Frame and Gorilla House. I have found the town chain for the gate on the top of the front of the Lull.

With respect to KSL's other request for the check for replacement boards, please forward your photographs to the town for review. This will assist in the process of determining the total number of square foot board replacement in order to process your request(s).

Please keep in mind that the Board of Selectmen has notified you in person on August 25, 2009 NOT TO TRESPASS ON BENSON PARK WITHOUT A POLICE ESCORT. Any trespass by KSL, owners of employees will result in the necessary prosecution.

From: Massey, Ken
Sent: Wednesday, August 26, 2009 4:28 PM
To: Pearson, Mark
Subject: FW: Balance and Belongings

FYI

Selectman Ken Massey

Town of Hudson

12 School Street

Hudson, NH 03051

603-886-6024


fromEric Langill
togprunier@prunierlaw.com,
mpearson@hudsonnh.gov
cc"Massey, Ken" ,
smalizia@seresc.net
dateFri, Aug 28, 2009 at 1:43 PM
subjectRe: FW: Response to K. Massey email on Balance and Belongings
mailed-bygmail.com

hide details Aug 28

In response to your email. KSL has already been in contact with Hudson Police Department to retrieve the belongings an equipment.
A very detailed invoice was submitted last week by request of Selectman Massey with detailed information regarding the exact square footage board replace along with photo's as evidence.