Ellen Solomon
107 West 82nd Street, Apt. 2A/D
New York, NY 10024
CERTIFIED MAIL -- RETURN RECEIPT REQUESTED
June 18, 2004
Mr. John Ciervo, President
Tyra Construction Corp.
248 Long Island Avenue
Holtsville, NY 11742
Re 107 West 82nd Street, Apt. 2A/D, New York, NY 10024
Dear John,
Due to your failure to perform under the contract dated April 15, 2003, between Tyra Construction Corp., and myself, Ellen Solomon (the "Contract"), I am hereby terminating the Contract effective as of today, June 18, 2004.
You have failed to complete the renovation of the above-referenced apartment in a timely and satisfactory fashion. In addition to your egregious breach of the completion date of the Contract, the following are some of the items required to be performed under the Contract which have either been performed unsatisfactorily or not completed, even after numerous demands by me:

1) incorrect placement of heat sensor for electric radiant heat mat under tile in guest bath, so heat mat never shuts off, causing floor temperature to exceed
114�F;
2) installing radiant heat mat in guest bath in a negligent and dangerous manner by failing to properly ground the wires, causing an electric current to run through the walls and plumbing fixtures, creating a severe safety hazard. Attempts to cure this have been ineffective;
3) using a tile cutter on glass tiles in master bath against the explicit directions of the accompanying instructions;
4) failing to seal glass tiles in master bath prior to grouting, per accompanying instructions, creating a film on the tiles that cannot be removed;
5) failing to properly install mosaic tile in master bath over radiant heat mat, causing extreme unevenness in the flooring;
6) installing radiant heat mat incorrectly in master bath, causing Ground Fault Circuit Interrupter to trip and shut off with each use (cause by incorrect grounding);
7) installation of Monorail light fixture in hallway (not done);
8) installation of Wall Unit in Den (not done).
As you know, this is not an exhaustive or exclusive list of the items that still need to be done or redone to complete the renovation, which commenced on May 22, 2003. In addition, because of your failure to complete the work in a timely manner, I have been assessed by the Board of Directors of the West 82 Owners Corp. a sum in the amount of $4500, which under the terms of the Contract is your responsibility. Therefore, I am subtracting that amount out of any monies that may be due to you under the Contract.
Cordially,
Ellen Solomon
ES/idm
cc: Better Business Bureau of Metro NY
NYC Department of Consumer Affairs
Suffolk County Executive's Office of Consumer Affairs
Louis D. Sherman, Esq.
Hosted by www.Geocities.ws

1