We have assembled a substantial documentary record concerning this project, including the bidding process, changes to the scope of work, and the circumstances surrounding a $232,638 check to Best Roofing.<\/p>\n\n\n\n
The records raise important questions about how the project was managed and how this payment came to be issued.<\/p>\n\n\n\n
The records allow us to trace how the project and its payments were documented in Association records and to compare those records with explanations subsequently provided to owners.<\/p>\n\n\n\n
Before examining how the roof replacement project developed, it is useful to begin with what Falcon Engineering reported in its May 2023 Phase One inspection.<\/p>\n\n\n\n
Falcon reported that the primary drainage of the main roof was provided by floor drains with grated domes. While recommending replacement of the existing roof system, Falcon also stated that \u201cno major concerns were observed with respect to the roof drainage at the time of the inspection.\u201d<\/strong><\/p>\n\n\n\n The statement concerning the main roof drainage appears on page 39<\/strong> of the report. The complete document is available in the Documents<\/strong> section of this website.<\/p>\n\n\n\n An August 28, 2023, correspondence between Falcon Engineering’s Project Manager Mihaela Hristova and the Board raised a new issue concerning drainage at the PH 2 and PH 14 terraces. Please note that to the best of our knowledge no member of our Board or community has ever met Ms. Hristova, except for the possible exception of its then President Carlos Ilarregui, and the current one, Stewart Glass.<\/p>\n\n\n\n Ms. Hristova reported that she had observed two compromised drains in the common roof area and that the condition would most likely involve the areas adjacent to the divided wall between the common roof and the PH 2 and PH 14 terraces. She also stated that, from a ladder, no drains and only one scupper were observed at PH 2 and PH 14<\/strong>, and that the existing conditions at those terraces could not be evaluated.<\/p>\n\n\n\n She subsequently presented three possible approaches. The first\u2014and the option she recommended\u2014was to include the PH 2 and PH 14 terraces in the re-roofing work, add a drain on the terrace side, and relocate the existing drain on the main roof. She explained that this was the preferred approach for preventing potential moisture intrusion and preserving the roof warranty.<\/p>\n\n\n\n On the same August 28, the Board President responded that the Board would select one of the options within two days. The following day, Falcon estimated that approximately $4,000 would be required to assess the drainage and prepare a drainage plan, leaving open the possibility for further charges.<\/em><\/strong><\/p>\n\n\n\n On August 29, the Board President wrote to Falcon: \u201cThe Board voted unanimously to select Option 1\u201d<\/strong> and instructed Falcon to proceed with the additional work.<\/p>\n\n\n\n We have found no Board minutes, written consent, or other Association record documenting this vote.<\/p>\n\n\n\n Moreover, the statement that the Board voted \u201cunanimously\u201d<\/strong> raises a fundamental question. Matthew Roth was a member of the Board at the time and did not vote for Option 1.<\/p>\n\n\n\n The emails therefore establish that the Board President told Falcon that the Board had unanimously selected Option 1. They do not<\/strong>, by themselves, establish that such a unanimous Board vote actually took place.<\/p>\n\n\n\n Subsequent records raise additional questions regarding what happened with the proposed drainage work and how the decision affected the scope and cost of the roof replacement project.<\/strong><\/p>\n\n\n\n September 19, 2023:<\/strong> Falcon Engineering proposed six contractors to be invited to bid on the roof replacement project: Empire, Salomon, Best Roofing, Southern Coast, Advance, and DCI.<\/strong><\/p>\n\n\n\n September 27, 2023:<\/strong> The six contractors were invited to participate in the bidding process.<\/p>\n\n\n\n Between September 27, 2023 and January 4, 2024, when contractor <\/strong>interviews eventually took place, <\/strong>the bidding process moved forward, with Falcon communicating with the invited contractors and developing the specifications that would govern their bids. During this period, however, the field of potential bidders began to narrow.<\/p>\n\n\n\n December 12, 2023:<\/strong> Falcon issued the revised specifications for bidding. The specifications described the roof replacement work as involving the main and upper roof levels<\/strong>. The penthouse terraces were not identified as part of the base roof-replacement scope<\/p>\n\n\n\n December 21, 2023:<\/strong> Falcon reported that it had received only two bids\u2014Best Roofing and Salomon Roofing. Empire Roofing had requested an extension because its material vendors were out for the holidays. Tamia Craig of Falcon asked Board President Stewart Glass whether the extension for Empire would be granted. Falcon stated that it would proceed with its bid comparison on December 26.<\/p>\n\n\n\nA New Drainage Issue Emerges<\/strong><\/h3>\n\n\n\n
What the Records Do Not Show<\/strong><\/h3>\n\n\n\n
The Bidding Process Begins<\/strong><\/h3>\n\n\n\n
How Six Potential Bidders Became Two<\/strong><\/h3>\n\n\n\n