Document zQ77Z80XEDmoXqanR3O7wDax0
BIRD INCORPORATED
Memo To: D. Rice - CEN
From: J. W. Jackson - BBH
Subject: DONALD W. & DIANE C. WUNSCH VS. Date: November 6, 1984 NORTHEAST BUILDERS VS. BIRD
Our lawyer, representing us in this case, has suggested
that it might be worth Bird's money to have one of the
shingles from this job removed and tested in our
laboratory. Bob Carlson checked with Jean Martin to see
if FB had ever had a complaint filed. Apparently we
never had a complaint. Frank Anthony has requested that
we have the shingles tested. I think that this should
be handled as a special complaint through the Sales
Department. It sounds to me like it may be an
|
application problem and not a non-spec material problem.! '
Please arrange to have a sample obtained per Frank's
request.
JWJ/cm
F. Anthony ,,R. J-. Carlson - BBQ Tech File
BIRD 011250
Counsellors at Law
EDWARDS Sc ANGELL
One Hospital Trust Plaza Providence, Rhode Island 02.903
401174-9200 Telex 952001 "e a pvd" Telecopier 401176-6611
January 25, 1985
Mr. Robert J. Carlson Laboratory Supervisor Bird Incorporated East Walpole, Massachusetts
02032
Re: Wunsch v. Northeast Builders v. Bird
Dear Bob:
Enclosed for your information is a copy of the selfexplanatory letter which I sent to Frank Anthony today.
Sincerely,
Enclosure
645 Fifth Avenue New York, New York ioozz in 308-4411 Telecopier 212 308-4844 250 Royal Palm Way P.0. Box 2611 Palm Beach, Florida 33480 305 833-7700 Telecopier 305 655-8719 One Boston Place Suite 3920 Boston, Massachusetts 02108 617 720-3440 Telecopier 617 720-0645
BIRD 011252
EDWARDS & ANGELL
Counsellors at Law
One Hospital Trust Plaza Providence, Rhode Island 01903 401 274-9200 Telex 951001 "eapvd" Telecopier 401176-6611
January 25, 1985
Frank S. Anthony, Esq. General Counsel Bird Incorporated East Walpole, Massachusetts
02032
Re: Wunsch v. Northeast Builders v. Bird
Dear Frank:
I have received from Ruth Griffin a copy of the Bird Building Materials Division Complaint Report dated December 7, 1984, with the lab report at the bottom of the form and the report to you from Mr. Carlson dated January 10, 1985.
I have spoken at length by telephone with Mr. Carlson this morning to ask him a number of questions about the lab re port and specifically as to whether the finding of "a slight rash blistering condition" may have been caused by any deficiency in the shingle as manufactured by Bird. Mr. Carlson assured me that the blistering (a) could not have been responsible for any water leakage into the Wunsches' house and (b) was not caused by any manufacturing deficiency on Bird's part.
Since the lab report without further explanation might be taken by the attorney for the Wunsches or the attorney for Northeast Builders as an indication of a defect in the shingle, I urged Mr. Carlson, and he agreed, to prepare a supplement to his memo to you of January 10, 1985, stating the essence of what he told me over the telephone today. I suggested that the sup plement be addressed to you and indicate that it was being prepared at your request.
I said to Mr. Carlson that I would let you know that the request to him for a supplemental report was being made in your name. When I called you, you had left the office and would be traveling for several days, so I thought I should make this report to you in writing.
Please call me if you have any questions on this.
Sincerely,
JAMES K. EDWARDS cc: Mr. Robert J. Carlson j/
645 Fifth Avenue New York, New York 10022 112308-4411 Telecopier 212 308-4844
250 Royal Palm Way P.O. Box 2621 Palm Beach, Florida 33480 305 833-7700 Telecopier 305 <55-8719
One Boiton Place Suite 3920 Boston, Massachusetts 02108 617 710-3440 Telecopier 617 720-0645
BIRD 011253
January 23, 1985
Bind
Incorporated
cc: Frank Anthony
James K. Edwards, Esq. Edwards & Angell One Hospital Trust Plaza Providence, Rhode Island
02903
Reference: Donald & Diane Wunsch vs. Northeast Builders vs. Bird
Dear Mr. Edwards:
Enclosed please find a copy of the lab report with an accompanying memo to Frank Anthony from Bob Carlson.fait the above-mentioned case.
As we discussed over the phone you feel that you will need to discuss the report further with a technical person. It is for this reason that I have contacted Bob Carlson and notified him that you will be calling him to discuss this with him as qoon as you receive it. Mr. Carlson indicated that he will be available this week and he can be reached at Ext. 232.
Sincerely,
Ruth W. Griffin
/rg Enclosures
Bird Incorporated/East Walpole. Massachusetts 02032*(6I7) 668-2500
BIRD 011254
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Bird
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BUILDING MATERIALS DIVI8ION COMPLAINT REPORT, compuint t
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BIRD 011255
-tonolb: ubject:
f. Anthony
Wunsch Complaint # 11-147-84-168
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Incorporated
Rom: Date-.
/&-----------------R. J. Carlson BBQ January 10, 1985 .
The following are the results of the laboratory analysis performed on the sample shingle.submitted on this complaint:
Product Weight Back Coating Percent Saturation
243.5 lb/sq 9.9 lb/100 sq ft
171.0 %
The remaining portion of the sample will be retained at BBH.
cc: D. R. Suva
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/.Z.'T Zrjfy_____ BUILDING MATERIALS DIV.StON cdMPLAINT REPORT.
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II. LAE REPORT
The sample submitted was a. Jet(organic) Shadow Gray shingle. The sample does display
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a slight,rash blistering condition. An analysis reveals treat the' sample does meet
manufacturing specifications for wdighif, back coating, and percentjsaturation.'
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BIRD 01125
:> -- Memo To:
Subject:
Bind
Incorporated ------------------------------------------------------------------- Z--------------------------------------------------------
F. Anthony
From-. R. J. Carlson BBQ
Wunsch Complaint # 11-147-84-168
Date: January 10, 1985
The following are the results of the laboratory analysis performed on the sample shingle submitted on this complaint:
Product Weight Back Coating Percent Saturation
243,5 Ib/sq 9.9 lb/100
171.0 %
sqft
The remaining portion of the sample will be retained at BBH.
cc: D. R. Suva
BIRD
book NUMBER BBH SUBJECT Ubfa
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PAGE NUMBER PROJECT NO.
DATE WORK STARTED
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BIRD 011259