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a!/P�LQiX�/1>LP//L�O��LGL�GGG�ll� Thomas G.Gatzunis,P.E.
Commissioner
�/ � ��. Gary Chairman P.E.
beval L.Patrick Chairman
Governor � / 'A low Stanley Shaman,P.E.
Timothy P.Maray //jjjj exYFJ� LCLCP, i6001/1L� U(/l7! Vice Chairman
Lieutenant Governor c�JO:lt6flL G/(/( LCLdPd �2��(1-�6�O
Thomas St. Pierre
120 Washington St. 3rd FIT Tuesday,May 20,2008
Salem MA 01970
NOTICE OF HEARING
Complainant:
Sandy Martin
6 White Street#4
Salem MA 01970
Registrant/Contractor
DAVID LEGERSTROM
4 BROOKSIDE DRIVE
MIDDLETON MA 01949
Registrant's HIC/CSL#: 135100 /
Subject Property Address: 6 White Street#4 Salem MA
Complaint Number: 2007400
Hearing Date and Time: 6/20/2008 1:30 PM
Greetings:
Pursuant to 780 CMR 110.R5 and/or 110.R6, a hearing will be held based upon the information contained in
the above referenced complaint. Your attendance at the hearing is mandatory. The hearing will take place
before a hearing officer at the office of the Department of Public Safety, One Ashburton Place, Boston,MA at
the above noted date and time. Please report directly to the hearing room on the second floor overlooking the
main lobby. (Go through the double doors after exiting the second floor elevator and take a left). The hearing
will be held in order to determine whether administrative action should be taken against the registrant's Home
Improvement Contractor registration and/or Construction Supervisor's License. Violations of the law or
regulations which are substantiated at the hearing could result in the imposition of a suspension, revocation, or
reprimand of the registration and/or license,and the assessment of a fine.
The complainant must be prepared to present evidence to support the allegations described in their
complaint. The registrant/licensee has the right to be represented by an attorney at the hearing and may present
written and oral testimony and any other relevant evidence to mitigate the claims made against them. Any party
may present witnesses with relevant information in support of their case. The complete complaint file is
available for review,upon reasonable notice and at a mutually convenient time, at the offices of the Department
of Public Safety during regular business hours.
COMPLAINT AGAINST DAVID LEGERSTROM,
DBA VALUE ROOFING COMPANY
After contacting Value Roofing Company through their listing in the 2007 Yellow
Book, David Legerstrom came to our building on July 27,2007 to make an estimate
for work involving replacing our lower section of roof on the southeastern side of
the building. He gave me an estimate at that time of $7500.00. I had several
other contractors to interview, so I didn't get back to him for approximately one
week.
After I called to tell him we were ready to go ahead, he came by again on August
15, 2007 and we signed a mutual contract for the job. I asked him if he was
licensed and insured, and he assured me that he was. I asked him for a copy of his
insurance documentation, and he promised to bring it with him when he returned to
do the work in a few weeks.
Mr. Legerstrom showed up on or about August 31, 2007 with a crew of one. He
asked for a deposit check in the amount of $3700.00 to be made out to his name.
He then drove straight to Eastern Bank to cash it. The crew man scraped away the
old shingles, all the while complaining about how his shoulder hurt him due to an
accident involving getting his arm caught in an MBTA bus. He was quite proud that
he was involved in a "million dollar lawsuit" against the MBTA as a consequence of
this accident. Mr. Legerstrom was apparently trying to do roofing work in Everett,
and so was unable to work on our roof for most of the day. Legerstrom showed up
the next day, and continued to remove the old asphalt shingles.
Our contract had stipulated removal of all the old plywood, and replace with new.
Mr. Legerstrom advised me that he should remove only any old plywood that was
rotten, replace it, and cover the old plywood with the new 3/a" plywood that he
bought. He explained that it would "give us more protection". Although I was
somewhat skeptical, I agreed to go along with his assessment.
He removed all of the previous edging, the ice and water shield, and all of the old
shingles. When he installed the new plywood over the old, he essentially added
another inch to the top level of the roof. The new plywood did not fit under the
new lead flashing that had been installed a few weeks before by Joe Russo of JR
Construction Company, Danvers, MA. Legerstrom simply pushed the plywood up to
the edge underneath the lead flashing, leaving a significant gully along the top edge
of the roof. He finished edging, and installed the shingles. A new crew member
joined him for the remainder of the work, Jason Murphy of JM Landscaping,
Danvers, MA. On or about September 1sL, 2007, Legerstrom advised me that we
should get static vents installed along the top of the roof. Each vent would cost
$100 to purchase and install. He asked for and got a deposit of $500 in a check
written in his name, after which he promptly drove to Eastern Bank to cash. Mr.
Legerstrom installed two vents over each condo unit in the building. He continued
to install the shingles until he announced he was finished with all of the work and
wished to be paid the balance of the vent installation and the roof installation. I
pointed out to him at this time that the eaves that were sticking out were not
properly covered, as they had been before. He insisted that they "were not that
way before", and that they "didn't need to be covered". I told him that there was no
paint evident on the tops of these eaves, indicating that they had indeed been
covered before, but he disagreed. He requested and was given a check for
$4250.00 written in his name, after which he drove to Eastern Bank and promptly
cashed it.
On September 12, 2007, we experienced about an inch and a half of rainfall. I
returned from some errands, and found, to my horror, water streaming in along the
edge of the walls and the ceiling in our living room of the condo. I ran to get a
bucket to catch the water streaming down from the light fixture in our hall. I called
Mr. Legerstrom in a panic. He apologized, and said he couldn't come because he
had to watch a couple of kids. He promised to arrive first thing in the morning, and
told me to go outside and try to cover it with some tape or something. I covered
the base of the two vents and the base of the chimney with duct tape in the
pouring rain.
The next morning, I waited. No Value Roofing. After calling many times to his
personal cell phone, finally his worker"Jay" (Jason Murphy) answered the phone
and informed me that "David has gone to an appointment to take his mother to the
hospital". I thought it was perhaps an emergency, and so waited to hear from him.
The following day, I waited again. No phone calls from Value Roofing. I was quite
upset that Mr. Legerstrom was taking so long to get back to me, especially since
there was another day of rain forecast for the coming weekend. He showed up
around noon to inspect the water damage. He looked only at Unit 4, although I
invited him to check out the damage in the other units. I asked him for the name
of his insurance company (he still had not given us a copy of his insurance), and he
said that he did not want to involve his insurance company, that he would repair
the damage himself, and he would get a "Chinese guy" to fix the damage to the
hardwood floor. He said that the stains were a simple matter of just applying some
Kilz. I said that the entire ceiling area would have to be painted, as we didn't want
any repair spots. He waved me off, saying "whatever, I'll paint it myself'. I asked
him when he intended to do this, and he said, "within the next few weeks".
Mr. Legerstrom called me the next day and told me he was "working on a roof in
Everett" that he had to close up, and promised me "right hand of God" that he'd be
there that afternoon after working in Everett. He explained that he wanted to
"flash around the base of the chimneys, and check it with a hose to make sure it
would be water tight". He left a message on my answering machine at 4:20pm to
say he was tired, it was going to be dark soon, and that he wanted to "take a lot of
time" to figure out where the water was coming in and to fix it, so would I mind if
he came "first thing in the morning".
Around 11:OOam, he showed up with Jay with a caulking gun. He caulked around
the base of the chimneys, and the base of each vent he had installed. He never
pulled the siding off of the chimneys, nor did he ever flash them. He never asked
for a water hose. He was finished in about 20 minutes.
On September 15th, it rained hard again. I came down the stairs in the morning to
see water stains creeping across the ceiling again, and water dripping off of the
light fixture. Several other condo owners also called me to complain of major water
leaks in their condos. I called Mr. Legerstrom on his cell phone again, and
demanded that he return to fix the roof. He said he was in Everett, and that he'd
be there "when he could". I got quite angry and demanded that he come over
"RIGHT NOW!" with a crew to fix the leaks. Mr. Legerstrom got angry with me,
hung up, and never called back again to offer to fix the leaks.
The condo association was very concerned at this point, believing that Mr.
Legerstrom had no intention of fixing any of the problems he had caused. We
called several reputable roofing contractors for assessments of the job, and an
estimate to fix it properly. In addition, I called the building inspector for the City of
Salem. Four different contractors were appalled at the quality of work that was
done by Value Roofing Company, and all advised completely stripping the roof to
the new plywood, refastening it properly, re-flashing the top edge of the roof and
the chimneys, and applying new edging. In addition, each roofer determined that
the vents were completely ineffective, and not at all needed, as the roof space was
completely filled with insulation, and was at such a pitch as to not require static
venting. I called Value Roofing back at their number, and relayed this information
to their answering machine. I received no response for several days, prompting me
to call the Salem Police and make a report, as we believed that David Legerstrom
would never come back. After a few days, Mr. Legerstrom's wife Rita called me at
my home and assured me that David Legerstrom was going to come back and fix
the problems, but that he would "never strip the roof off and start again". She was
concerned that "things had escalated". i told her that several roofers had
determined that the job would require a full replacement, but she disagreed, telling
me that "David is an excellent roofer, and he knows what he's doing". She said
that the building inspector just "works for the city to collect a paycheck, and
doesn't even know what he's talking about". She chastised me for calling the
building inspector and the police. She said that David was "afraid to come to the
site, fearing that all of the condo owners would be mad at him". I assured her that
no owners would be gathered to confront him, but that we really needed him to
show up, strip the roof, and do the job correctly.
We found, upon inspection of the roof, many deficiencies and examples of
extremely poor quality work. I took many pictures. It was becoming distressingly
apparent that this was much more than a repair job - the entire roof would have to
be redone. I called our regular carpentry contractor, Joe Russo, to come and
inspect the roofing job. He arrived and was quite upset to find that the roofer we
had hired was David Legerstrom, who happens to be his brother-in-law. He gave
me the names of two other roofers to call that he trusted. At this time, we were
extremely concerned about the rain that was forecast for a few days hence.
We hired Paul John & Son Roofers. Paul John and the building inspector took over a
dozen pictures of the poor quality and substandard work that was evident
throughout the job. Paul John did an excellent job, and so now the roof is water
tight at an additional cost to us of $7000.
Items:
Plywood installed by Value Roofing is 5/8", not 3/4" as specified on contract
Eave endings were not covered by shingles
Used 1 1/4" roofing nails to secure 5/8" plywood to old 1/2" plywood below
Many examples of improper edging, poor joinery
Did not flash base of chimneys
Did not reinstall ice and water shield
Installed static vents that were ineffectual and not needed/required
Poor installation of 3-tab asphalt shingles, exposed nails, nails too deep, etc.
Improper flashing under siding, allowing water to pour in down formed gullies and
through lead flashing seams
Significant water damage to ceilings and hardwood floor of condo units
No documentation of registration, insurance or workmen's comp
No indication of registration number in Yellow Book ad or on business card
Delay and refusal to fix major water leakage problems on newly installed roof
Aggressive and threatening behavior
On or about September 20`", I called David Legerstrom's personal cell phone to ask
where David was. His crew member Jay Murphy answered the phone. He said
David was at an appointment with his mom again. I expressed my belief that David
was not being truthful about his whereabouts. Jay insisted that David was indeed
at an appointment. About a half hour later, David called me on my cell phone,
screaming and yelling obscenities, "Who the F--- are you to say that I'm not telling
the truth?!!", among other things. He was extremely angry at me, and wouldn't let
me speak. It was impossible to have a conversation with him. He stated he had no
intention of coming back, and that we could "just f---ing go ahead and take me to
court! You're not getting anything from me!". With that, he hung up.
On September 24, 2007, Nathaniel's Landing Condominium Association sent out a
letter of demand to David Legerstrom, dba Value Roofing Company. We had it
delivered by a constable. The letter demands a full refund of the money we had
paid him, and $1500 to cover cost of repairing water damage, including damage to
the hardwood floor in unit 4. I called him at least once every day for 10 days,
sometimes twice. He finally called back once and left a message on my home
phone machine, screaming at me to "stop calling - you don't want to make me
come over. Go ahead - take me to court! I'll never do anything for you".
As of this date, October 2, 2007, he has not responded at all.
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.132 Glendale Street a Everett, MA 02149 • (617)387-2299
SUBMITTED TO
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All material is g14alentMd to be M meciflod.All work to W Lyorrilleted in a sub-
stMdel workmankko manner according to sis"111CMIons subnsiriad,per ftMdara �albodasd
Practices. Any alleratioln er deviation front above apadlflcationf InroWing extra
costs will he eketUbld only upon written orders.and will betern r M extra taryM -
Oyer ehd abpn the Mtknab.All afpaematb Contingent upon sulk", ,,ldants W -
delays beyond 0141 Control.Owner to carry tin, ternad0 and olar necasserY In- Nate:fltl!Waited en7 be
suranee.Our workers an Fully Conrad by Workman Conloonsation Insurance, willbaan by M if IW/11�00hdW 'days.
ACCEPTANCE OF PROPOSAL The above Wtm. apedtlatlons and tonal-
lions an:,"lf' Clery and an h=y tad.V o an authorized to do the work
as specified:payment will De matle as Ilne ab o.
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WE PROP99E hereby to fu 'sh material r 19 complete in rdance with above specifications,for the sum of:
dollars ($ �J ,
Poypdht W be made as folio 7s,
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All material is guaranteed to be as specified. All work to be Eompleted In a sub-
stantial workmanlike manner according to specifications submitted, per standard Authorized
practices. Any alteration or deviation from above specifications involving extra gid
costs will be executed only upon written orders,and will become an extra charge
over and above the estimate. All agreements contingent upon strikes, accidents or Neta: This proposal Troy b!
delays beyond our control. Owner to carry fire, tornado and other necessary in- withdrawn Pr by es if not opted within_ days.
surance. Our workers are fully covered by Workmen's Compensation Insurance.
ACCEPTANCE OF PROPOSAL The above Prices, specifications and condi.
tions are satisfactory and are hereby at opted. Y are authorized to do the work
as specifled. Payment will be made of line ab sise
Date of Acceptance:
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Licensed Insured
Commercial/Residential
Rubber Systems
New Roofs - Repairs- Shingles
Metalwork- Seamless Gutters -Etc....
Free Estimates
President/Owner Everett MA
David I. Legerstrom Sr. (617)307-2299
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Home Improvement Contractor Registration/Construction Supervisor License
Complaint Application Form
In order to file a complaint against a person registered as a Home Improvement Contractor and/or a Constuction
Supervisor License holder, this form must be filled out completely and submitted to the Board of Building Regulations
and Standards(`BBRS"). Submission of a complaint will not automatically result in a hearing against the contractor.
Filing a complaint with the BBRS will not result in a monetary award to you. This complaint may result in disciplinary
action against the contractor's registration or license. You will be notified in writing of any hearing scheduled relative to
the contractor named in your complaint. Please refer to the Department of Public Safety website(www.mass.eov/dVss)
prior to filing a complaint to ensure that the circumstances of your case fit within the prerequisites for filing a complaint.
1. Your information: (Please type or print neatly) C^ p
Name: oSf,099 �, �R c/ � ✓Q• / JG¢'��/VS�FCf��L C-!A Of -S4,/,Un
Address: 12O aA-,S14W6-TDFi J`f• S�IQ�vvt— (l�I{�t�3r470
Address of property at issue:
Day Phone: ""ax: (97P ) 7110-,Wy` E-mail JU9eaE4 '�Grg,_(°a�r
2. License holder/Re2istered contractor:
Contractor name:
Business name:
Business address:
Phone: ( )
Date contract signed: / / Amount of contract: $
3. Does the contractor who a22rieved von hold the following: (please circle the number below)
1. Home Improvement Contractor registration---- (HIC) #
2. Contruction Supervisor License---------------- (CSL)#
3. Unregistered Contractor
4. FOR COMPLAINTS INVOLVING HOME IMPROVEMENT CONTRACTORS:
Please circle the number of any of the following acts(in accordance with G.L.c.142A)which you allege took place in your dealings
with the HIC registrant:
I.Operating without a certificate of registration issued by the Department;
2.Abandoning or failing to perform,without justification,any contract or project engaged in or undertaken by a registered contractor
or subcontractor,or deviating from or disregarding plans or specifications in any material respect without the consent of the owner;
3.Failing to credit to the owner any payment they have made to the contractor or his salesperson in connection with a residential
contracting transaction;
4.Making any material misrepresentation in the procurement of a contract or making any false promise of a character likely to
influence,persuade or induce the procurement of a contract;
5.Knowingly contracting beyond the scope of the registration as a contractor or subcontractor;
6.Acting directly,regardless of the receipt or the expectation of receipt of compensation or gain from the mortgage lender,in
connection with a residential contracting transaction by preparing,offering or negotiating;or attempting to or agreeing to prepare,
arrange,offer or negotiate a mortgage loan on behalf of a mortgage lender;
7.Acting as a mortgage broker or agent for any mortgage lender;
8.Publishing,directly or indirectly,any advertisement relating to home construction or home improvements which does not contain
the contractor's or subcontractor's certificate of registration number or which does contain an assertion,representation or statement of
fact which is false,deceptive,or misleading;
9.Advertising in any manner that a registrant is registered under this chapter unless the advertisement includes an accurate reference
to the contractor's or subcontractor's certificate of registration;
10.Violation of the building laws of the commonwealth or of any political subdivision thereof;
11.Misrepresenting a material fact by an applicant in obtaining a certificate of registration;
12.Failing to notify the Department of any change of trade name or address as required by section thirteen;
13.Conducting a residential contracting business in any name other than the one in which the contractor or subcontractor is
registered;
14.Failing to pay for materials or services rendered in connection with his operating as a contractor or subcontractor where he has
received sufficient funds as payment for the particular construction work,project or operation for which the services or materials were
rendered or purchased;
15.Failing to comply with any order,demand or requirement lawfully made by the administrator or fund administrator under and
within the authority of this chapter;
16. Demanding or receiving payment in violation of clause(6)of paragraph(a)of section(2)which states: "a time schedule of.
payments to be made under said contract and the amount of each payment stated in dollars, including all finance charges. Any deposit
required under the contract to be paid in advance of the commencement of work under said contract shall not exceed the greater of
one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature,which
must be ordered in advance of the commencement of work,in order to assure that the project will proceed on schedule.No final
payment shall be demanded until the contract is completed to the satisfaction of the parties thereto;"
17.Violating any other provision of chapter 142A.
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5. Please provide a detailed description of the acts or omissions committed by the licensee/registrant that lead you to file this
`I complaint. When possible,please cite to the applicable section of the MA State Building Code. (The Code can be found at
www.state.ma.us/dos).
PLEASE ENCLOSE:
6.Please submit the application,and all supporting documentation,i.e all plans in 11"x 17"format,building application,court
judgments,contract,photographs,etc. In addition,the complete package(including plans and photographs)must be submitted
via compact disc(CD).
7. I hereby affirm that the information contained in this complaint package is true and accurate to the best of my knowledge and
belief.
Signed under pains and penalties of perjury:
Signature Date
8. Please submit all requirements on line number 6 to the following:
Program Coordinator
Board of Building Regulations and Standards
HTC/CSL Program
One Ashburton Place,Room 1301
Boston,MA 02108
3
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April 2V, 1974
Ralph W. Tedford, City Engineer
Robert Crowley, Acting Fire Chief
Mr. L. Italien, 39 Fort Avenue
Gentlemen:
I hereby appoint you ;as a survey board to inspect thoroughly the
premises at 6 White Street, in accordance with the provisions of
Chapter 143, Section 8 of the General .Laws. A written Report of
your findings and conclusions shall .be made to this office in
order that a determination may be made with regard to the future
of this property. A copy of said Section 8 is enclosed.
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Very truly yours,
:Inspector of Buildings // re
DJOB: tc V
Encl . 1
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cc : Asst. City Solicitor
Health Dept.
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