Document QXkbVYbLYMbva5LgMB3kNowa6
Bird
Roofing Division
August 20, 1992
Ms Stacey Harris Department of Attorney General
Consumer Complaint Section 131 Tremont Street Boston MA 02111
RE:
FILE 11--146-91--06HO IRA SOMERSET 45 EAST BOULEVARD ONSET MA 02558
Dear Ms. Harris:
Thank you for your telephone call of August 13, 1992. Please find enclosed a copy of the Bird pro-rated shingle warranty pertaining to the shingles covering Ira Somerset's roof.
Please be advised that Bird Incorporated's offer of $1,040.10 is computed according to the terms and conditions of our pro-rated shingle warranty.
In July of 1987, Bird Incorporated paid $1,062.75 to repair Mr. Somerset's roof. There will be no further compensation, other than the warranty settlement of $1,040.00. The homeowner must sign a release form before payment is made to him. A standard release form is still in their possession.
Thank you.
Clifford J Patenaude R & D Manager
CJP/bd Enclosure
cc:
Mr. Ira Somerset 45 East Boulevard Onset MA 02558
1077 Pleasant Street, Norwood, MA 02062 Phone 617-551-0656 Fax 617-762-6586
BIRD 011260
September 11, 1992 TO: Frank Anthony FROM: Clifford Patenaude RE: FILE 86--144--90--15HO
PHILIP RAWINSKI The homeowner, Mr. Rawinski, signed a release, a GS Roofing release agreement. Mr. Rawinski did not sign a Bird, incorporated release agreement
CJP/bd
BIRD 011261
Bud
Corporation
memorandum
To: Subject:
Cliff Patenaude
TRAVELERS INSURANCE COMPANY AS SUBROGEE OF PHIL9P RAWINSKI
From: Date:
Frank Anthony August 21, 1992
Your letter to Donald Noworyta indicates that Bird and G.S. Roofing paid $7,386.88 covering the warranty -claim on Mr. Rawinski's roof. The letter from the insurance company clearly indicates that it paid $7,664.65. Does this mean, i.e'., could the homeowner properly have collected so much? Did we get a release from the homeowner when we paid the $7,386.88? Please advise.
03-774.13
BIRD 011262
December 11, 1992 TO: Frank Anthony FROM: Clifford Patenaude RE: FILE 27-034-92-98
BERNARD TUNNO Received a telephone call from Atty. Edward DeAngelo in regard to the above subject complaint. He will be calling you to try and resolve this claim. He wants to settle.
CJP/bd
i
BIRD 011263
December 18, 1992
TO: Mr. Anthony FROM: Mr. Patenaude
RE:
ARCHITECT 80 COMPLAINT FILE 86-122--91--243 , ' SM--1--129245
OWNER:
MR JIM KELLEHER RR 1 BOX 726 K STAGE COACH RD WEST LEBANON NH
Stan Pietrzyk originally estimated Mr. Kelleher's roof to be 27-1/2 squares. An original invoice dated August 29, 1986 shows 32-1/4 squares of Driftwood Architect 80 shingles and 3 bundles of Architect 80 Hip and Ridge shingles.
Homeowner has rejected Bird's offer to repair his roof. Because Mr. Kelleher's roof is covered with Architect 80 shingles, GS Roofing is responsible for resolving this claim. A copy of the file is in Mr. Noworyta's possession.
Owner is getting ready to sue us. We want GS Roofing to defend us.
Please help us. A copy of the entire file is enclosed for your review.
Thank you.
')
BIRD 011264
Bird
Corporation________
Frank S. Anthony Vice President, General Counsel and Secretary
January 6, 1993
State of New Hampshire Strafford County Dover District Court 25 St. Thomas Street Dover, NH 03820
Re: Ernest LeBlanc - case No. 92-SC-615
Dear Sir: The above referenced complaint was referred to me for a response. The complaint was made against Bird Roofing Products, Inc. No such entity exists. The complaint was served at a manufacturing location, hence the delay in my response.
On the assumption that Mr. LeBlanc intends to sue Bird Incorporated, I will then on behalf of Bird Incorporated respectfully request a hearing. I can be reached at the address and telephone number listed below.
Thank you for your consideration.
Sincerely,
Frank S. Anthony Vice President and General Counsel
03-823.3/mmd
cc: C. Patenaude W. McGonagle
One Dedham Place. Dedham. MA 02026 Tel: (617)461-1414 Fax: (617) 461-1618
BIRD 011265
Bird
Corporation________
Frank S. Anthony Vice President, General Counsel and Secretary
January 6, 1993
Frederick Harlow, Esquire Harlow, Liccardi & Crawford, 92 Center Street Rutland, VT 05701
P.C.
Re: Ernie Gibeault
Dear Mr. Harlow:
Your letter to Cliff Patenaude dated November 19, 1992 was referred to me for a reply.
In reviewing the file, it is quite apparent that Mr. Gibeault's
problem with his roof is not due to defective shingles. The roof
required a mansard application.
The instructions for such an
application appear on each bundle wrapper. A laboratory report made
by Bird in August, 1990 indicated that a mansard application was not
utilized on Mr. Gibeault's roof. The roof nails were applied so they
did not penetrate the backup strip. Also, there was no evidence that
hand sealing was done to the shingles submitted.
The mansard
application required the' use of 6 roofing nails and hand seal with
four spots equally spaced per shingle. Earlier, Bird paid $450 in
full settlement of this claim on a good-will basis. As such, it
cannot offer any more than a minimal amount at this time. Any minimal
amount tendered by Bird would be done on the condition that a full
release be procured from Mr. Gibeault.
_ Sincerelv.
general counsel cc: c. Patenaude 03-823.1
One Dedham Place, Dedham, MA 02026 Tel: (617) 461 -1414 Fax: (617) 461 -1618
BIRD 011266
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BIRD 011267
Bud
Roofing Division
TELECOPIER COVER SHEET
DATE: TO:
January 19, 1993 Frank Anthony
FROM:
Cliff Patenaude
\ TOTAL NUMBER OF PAGES:___ 3
. - (including cover sheetl
MESSAGE:
Here is a copy of letter regarding Wierzbinski from Don Noworyta and a copy of estimate concerning.-Barry Shea.
)
**IF THERE IS A PROBLEM WITH THIS TRANSMISSION, PLEASE CALL 617-551-0656 EXT. 120** Pleasant Street, Norwood, MA 02062 Phone 617-551-0656
BIRD 011268
January 12, 1993
GS Roofing Products Company, Inc.
5525 MacArthur Blvd., Suite 900, Irving, Texas 75038
Mailing Address: P.O. Box 152065. Irving, Texas 75015-2065 214-560-5600 FAX No. 214-580-5692
Zaraja, Manage & Bott, P.C. Attn: Richard A. Laraja P.O. Box 236 Orleans, HA 02653
Re: Claim No. SM-1 132479-C William H. Wierzbinski
Dear Mr. Laraja:
X am in receipt of your letter of December 21, 1992. In reviewing this matter GS Roofing Products Company has extended to Mr. Wierzbinski an amount in accordance with the warranty of 1987. GS Roofing Products Company and Bird Roofing does not believe it has violated any Massachusetts laws with regard to settle ment of this claim. However, GS Roofing is willing to increase its settlement of this claim to include 34 squares of Architect90 shingles and a check for $3237.00 (which reflects five years use) . X ask that you review this settlement with your client and contact me.
'
Sincerely ,
bonaj.a Or * tioworyra Manager Customer Relations
CC: C. Patenaude-Bird Roofing F. Anthony-Bird Roofing
')
BIRD 011269
BIRD 011270
Bird
Roofing Division
April 15, 1993
Mr. Barry J. Shea 37 Ryder Corner Road Sunapee NH 03782 RE: FILE 11-122-92-10 Dear Mr. Shea: We have been advised by our legal staff that your roofing claim has been settled in the amount of $2,500.00. Please sign the enclosed standard release form and return it to this office. We understand that this release is to be made out to Patricia Shea as Mr. Shea is out of town. Sincerely, Customer Service Department
/bd Enclosure cc: Mr. Frank S. Anthony
Vice President and General Counsel
1077 Pleasant Street, Norwood, MA 02062 Phone 617-551-0656 Fax 617-762-6586
BIRD 011271
Bircf
Roofing Diviaon
March 3, 1993
Mr. Pat Attridge King and Attridge Monroe Street Suite 1604 Rockville, MD 20850 RE: ASBESTOS LITIGATION Dear Mr. Attridge: I am sending you a copy of the following documents:
1. Instructions for applying Bird Mark 25 Asphalt Shingles, an 8-1/2" x 11" copy.
2. Instructions for applying Bird Wind Seal Asphalt Shingles, an 8-1/2" x 11" copy.
3. Bird's 1976 Product Catalog, FB-9-76. 4. Asphalt Roofing Manufacturers Association,
"Manufacture, Selection and Application of Asphalt Roofing and Siding Products", dated Twelfth Revised Edition 1974. Thank you. Sincerely,
Clifford J. Patenaude R & D Manager
CJP/bd Enclosures cc: Mr. Frank S. Anthony
Vice President and General Counsel
1077 Pleasant Street, Norwood. MA 02062 Phone 617-551-0656 Fax 617-762-6586
BIRD 011272
Bird
Roofing Division
March 1, 1993
Mr. James L. Rapaport 733 Summer Street Stamford, CT 06901
RE: CLAIM #SM--1--138013--C HENRY L. GOLDSTEIN
Dear Mr. Rapaport:
Your letter to GS Roofing and Bird Incorporated dated February 23, 1993 was referred to me for a response. After Bird received your client's sample shingle, it forwarded the shingle to GS Roofing . The laboratory analysis of the shingle made by GS Roofing revealed that the shingle was manufactured properly. As such. Bird cannot make any offer of settlement at this time. In any event, GS Roofing, the shingle manufacturer, would be ultimately liable in the event the shingles were deemed defective.
Sincerely,
Clifford J. Patenaude R & D Manager
CJP/bd
cc: Mr. Frank S. Anthony Vice President and General Counsel
Mr. Donald Noworyta Manager Customer Relations GS Roofing Products Company, PO Box 152065 Irving, TX 75015-2065
Inc
1077 Pleasant Street, Norwood, MA 02062 Phone 617-551-0656 Fax 617-762-6586
BIRD 011273
BIRD 011274
Bird
Roofing Division.
August 30, 1993
Mr. James J. Farrell Attorney at Law 8 Elm Street Norwalk, CT 06850
RE:
SM-1 ? ROBERT P. AND BARBARA DOYLE 461 THAYER POND ROAD WILTON CT
Dear Mr. Farrell:
Bird Incorporated is in receipt of your letter dated August 1, 1993 written in behalf of your client, Mr. Robert P. Doyle. Mr. Doyle has Architect 80 shingles covering his roof.
The material warranty for the Architect 80 shingles covering the above roof is underwritten by GS Roofing Products Company, Inc. GS Roofing is responsible for resolving this claim. We are forwarding a copy of your letter and a copy of the file to Donald Noworyta. GS Roofing will process your client's claim.
Thank you.
Clifford J. Patenaude R & D Manager
CJP/bd
cc:
Mr. Donald Noworyta Manager Customer Relations GS Rooofing Products Company, PO Box 152065 Irving, TX 75015-2065
Inc.
Robert and Barbara Doyle 461 Thayer Pond Road Wilton, CT 06897
Mr. Frank S. Anthony Vice President and General Counsel
1077 Pleasant Street, Norwood. MA 02062 Phone 617-551-0656 Fax 617-762-6586
BIRD 011275
Bird
Roofing Division.
'?)
MEMO
TO: Frank Anthony
FROM:
Dick Maloof
SUBJECT:
WEST COVE C CONDOMINIUM ASSOCIATION, et al, V. BIRD
DATE:
August 5,1993
copy:
Ed Nesselroade - GS Roofing Cliff Patenaude
Frank:
I spoke with Ed Nesselroade about this, and he has informed me that they have retained a local attorney through their attorneys in Dallas. The local attorney and/or the Dallas attorney will contact you with respect to settling this claim.
Before committing to a final settlement on Bird's part, please clear it with me first.
Thank you.
RCM:VC
R. C. M.
)}
BIRD 011276
September 1, 1993
TO: Frank Anthony
FROM: Clifford Patenaude
RE: FILE 26-048-91-55
OWNER:
Hillview Nursing Home 3501 Park Lane Drive Lacrosse WI 54601
COMMENTS:
We, Bird Incorporated, are still waiting for a proof of purchase. As of this writing, we have not received any proof of purchase.
Mr. James R. Ramsey's report indicates the shingle to be a Wind Seal Jet. This shingle carries a fifteen year pro-rated shingle warranty. The roof is alleged to be installed during 1980 and to be about 800 squares in size. The roof experienced hail damage during a storm on August 4, 1989. Our shingle warranty, as well as typical shingle warrantees from other roofing manufacturers, exclude hail damage to roofing shingles. A copy of shingle warranty is enclosed.
The maximum liability -is zero dollars.
t
Maybe we can settle this claim for $3200 as follows:
800 squares x 2 years left on warranty divided by 15 years x $30/sq. = $3,200.00
How do you feel about the matter? or do we continue to deny claim?
Thanks.
CJP/bd Enclosure
cc: T. Hartnett R- Maloof
J(
<j- t-
June 16, 1993 TO: Frank Anthony FROM: Clifford Patenaude
RE: WARRANTY CLAIM OWNER:
ATTORNEY:
FILE NO: SHINGLE: QUANTITY: DATE INSTALLED: REASON FOR COMPLAINT: DATE CLAIM FILED: LAB REPORT:
WIND WARRANTY: ROOFER/APPLICATOR: RECOMMENDATIONS:
CJP/bd Enclosures cc: F. R. Chamberlain
Michael Romano 325 Beach Street Goshen CT 06256
Tinley, Nastri & Renehan Mary Piscatelli Brigham 161 North Main Street Waterbury CT 06702
10--140--91--09HO
Firescreen Labor$avers, Black
23 Squares
1983
Blow-off and Curling
May 1991
Samples submitted do not show a curling condition or any manufacturing defect that would cause this problem. An analysis reveals sample does meet our specifications. Samples do show definite evidence of sealing on roof. Samples show nailing 7-1/2" to 8" from bottom edge. Samples also show nail heads protruding on back of shingle causing shingle to lift. See letter dated May 24, 1991.
5 years and limited to wind speeds of up to 54mph.
C & B Roofing Goshen, CT
No settlement. Firescreen shingles were not fastened properly to the roof
deck. Also, wind warranty is only valid for 5 years and limited to wind speeds of up to 54mph.
BIRD 011278
9!
June 15, 1993 TO: Frank Anthony FROM: Clifford Patenaude RE: WARRANTY CLAIM
U
OWNER:
Mr. Bob Fantini Black Mountain Jackson NH
ATTORNEY:
Phillips, Gerstein & Hobbs 25 Kenoza Avenue P O Box 909 Haverhill MA 01831
FILE NO: SHINGLE: QUANTITY: DATE INSTALLED: REASON FOR COMPLAINT: DATE CLAIM FILED:
11-122-88-06 Wind Seal 80, 20 squares June 1987 Blow-off July 1988
Frost
LAB REPORT:
Sample submitted does show slight evidence of sealing on roof. Shingles do show proper application.
WIND WARRANTY: 5 years and limited to wind speeds of up to 54xnph.
ROOFER/APPLICATOR:
Steve Perry PO Box 117 Route 16 Jackson NH
BIRD PAYNMENTS:
1. Steven Perry 2. Hurd & Sons 3. R. s. Fantini 4. Soroka Builders 5. LMC Credit 6. Soroka Builders 7. Soroka Builders
July 26, 1988 Jan. 20, 1989 Oct. 16, 1990 June 6, 1991 March 11, 1991 Sept. 17, 1992 May 26, 1993
$ 411.69 387.00
1150.00 774.00 38.50 150.00 172.72
$3083.91
BIRD 011279
J*
I
)c
June 15, 1993 Page 2
COMMENTS: Home is located in high wind area near Mt. Washington. Wind speeds at Mt. Washington frequently exceed 54mph.
March 13, 1993 - peak winds 144mph.
RECOMMENDATION: Roof is in a watertight condition. Bird sees no reason to replace said roof.
()
CJP/bd cc: Mr. F. R. Chamberlain
iI i 1
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)
BIRD 011280
MEMORANDUM
TO: S. L. Pietrzyk FROM: R. C. Maloof DATE: June 22, 1993 SUBJECT: AUFIERO COMPLAINT
copy:
F. S. Anthony C. J. Patenaude
Stan:
Per the attached agreement, please contact a local roofer--someone who can get this job done at a veiy reasonable price. Also, please have the homeowner select the shingles per the agreement and get this job completed as soon as possible.
If you have any problems whatsoever with this complaint, please call me directly, so I can handle them with you.
Thank you.
R. C. M.
RCM:VC Enclosure
BIRD 011281
Bird
Roofing Division July 7, 1993
Mr. Patrick Wood, Esquire Attorney at Law Wescott, MiIlham & Dyer The Bowman Street School 28 Bowman Street P. O. Box 1700 Laconia, NH 03247-1700
RE:
PILE 86-122-93-85 MR & MRS MYLES ISRAEL 300 EDGEWATER DRIVE GILFORD NH 03246 ARCHITECT 80 WARRANTY CLAIM
Dear Mr. Wood:
Bird Incorporated is in receipt of your letter dated June 29, 1993 written in behalf of your client, Mr. Israel.
The material warranty for the Architect 80 shingles covering the above roof is underwritten by GS Roofing Products Company, Inc. GS Roofing is responsible for resolving this claim. We are forwarding your complaint to GS Roofing Products Company, Inc. (Ms. Sue Maurer at 214-580-5600). They will process your client's claim.
Thank you.
Sincerely,
Clifford J. Patenaude R & D Manager
CJP/bd Enclosures
1077 Pleasant Street, Norwood, MA 02062 Phone 617-551-0656 Fax 617-762-6586
BIRD 011282
Mr. Patrick Wood July 7, 1993 Page 2
cc: Mr. Stanley Pietrzyk Bird Sales Representative
Mr. Alfred C. Lukow GS Roofing Products Company, Inc. 2900 Bird Street Charleston Heights, SC 29405
Ms. Sue Maurer Product Liability GS Roofing Products Company, PO Box 152065 Irving, TX 75015-2065
Inc.
Morris Brock, President Brock's Plywood Sale, Inc. 298 North Main Street P. O. Box 2005 Rochester, NH 03867
i BIRD 011283
