2019)¶

GUARDRAIL -- WHITE SECTION (FACT REPOSITORY ONLY)

This page catalogs facts and source pinpoints only. No strategy, no argument, no legal opinions. All quotations are verbatim from the source document unless noted otherwise. "As reported" designates statements from Christian Gray not independently documented.

A) What This Is and Why It Is Here¶

Source Document: Total_Restoration_Mold_Mitigation_Scope_of_Work.pdf -- 8-page scanned PDF. No extractable text layer (image-only scan).

What It Contains: A mold remediation proposal and scope of work prepared by Christopher Roussis of Total Restoration, Inc. for the property at 226 Franklin Street, Apartment G21 (entrance: 97 Green Street), Brooklyn, NY 11222. The Date Entered field on p. 1 shows 12/4/2019, placing it within the response window following the October 13, 2019 flood (per WT-001, WT-116). The PDF itself does not state the flood date; the Date of Loss field is blank.

Why It Matters (facts-only): The estimate file is the earliest TRI record for G21 presently identified in the corpus (Date Entered 12/4/2019). The scope-of-work pages printed in this packet (PDF pp. 4-8), however, are not an earlier version of the court-filed scope: they are the revised text of the Olmsted-authored "Mold Abatement Scope of Work" (dated December 8, 2020) with seven of Jack Glass's eight margin comments written into the body (Section D), and the packet's print date is January 19, 2021. Stipulation Exhibit 1 (WT-108A), as so-ordered and filed June 29, 2021, carries the unrevised text with the comment balloons still in the margin. Two versions of the agreed scope therefore exist in the record; the court-ordered one is the earlier.

Collection Status: This document is the native scope package referenced in WT-203 and the WT-301 discovery packet. The core scope document is in hand; ancillary B.0 records (moisture logs, photos, transmittals) remain outstanding.

Companion Tabs: - WT-104 -- Pre-Insurance Inspection Meeting (B.0-B.3 four-event framework) - WT-108A -- Mold Abatement Work Scope (Dec 8, 2020, extracted from ALC PRV Appendix B) - WT-203 -- Chris Roussis Witness Profile - WT-301 -- Total Restoration Corporate Profile / Discovery Packet

B) Document Structure (Page-by-Page)¶

B.1) Cover Page / Estimate Header (PDF p. 1)¶

Letterhead: Total Restoration, Inc. (TRI logo) - Address: 160 Eileen Way, Syosset, N.Y. 11791 - Office: 516.333.5333 - Fax: 516.333.5489 - Tax ID: 112988315

Estimate Fields:

Field	Value
Insured	American Packaging Company
Property	226 Franklin Street, Brooklyn, NY 11222
Estimator	Christopher Roussis
Business (Estimator)	160 Eileen Way, Syosset, NY 11791
Home (Property)	(718) 389-4040
Business (Estimator)	(516) 333-5333
E-mail	chris@totalrestorationinc.com
Type of Loss	Mold Remediation Proposal
Date Entered	12/4/2019 11:56 AM
Price List	NYOB8X_DEC19
Estimate	AMERPACK_23253
Claim Number	(blank on document)
Policy Number	(blank on document)
Date of Loss	(blank on document)
Date Inspected	(blank on document)
Date Received	(blank on document)

Key Facts: - The Insured is identified as American Packaging Company (the landlord entity), not the tenant. - The Date Entered of 12/4/2019 places the estimate within approximately 10 days of the B.0 inspection window (~November 19-25, 2019 per WT-104). - The estimate number AMERPACK_23253 is an internal TRI reference tying to the property/insured.

B.2) Cost Estimate -- G21 Water/Mold (PDF p. 2)¶

Header: AMERPACK_23253

Section: G21 Water/Mold

Line Item	Description	Pricing
Water Extraction & Remediation	Technician -- per hour (5 techs for 5 shifts)	(redacted)
Labor and materials	"to perform tasks outlined in the attached 5 page report"	(redacted)

Section: Debris Removal

Line Item	Description	Pricing
Dumpster load	Approx. 30 yards, 5-7 tons of debris	(redacted)

Section: PPE and Equipment

Line Item	Description
PPE	Personal protective equipment (hazardous cleanup) (2 per man, per shift)
Respirator	Full face -- multi-purpose resp. (per day) (1 per man, per shift)
Respirator cartridge	HEPA only (per pair) (same)
Dehumidifier	(per 24 hour period) -- Large -- No monitoring (3 for 4 days)
Neg. air fan/Air scrub	Large (per 24 hr period) -- No monit. (3 for 4 days)

Section: Note

Verbatim (procedures note):

"PROCEDURES: This proposal based on the attached 5 page report"

Verbatim (disclaimer note):

"NOTE: If the moisture source has not been rectified, mold will grow back. The purpose of this work is to remove known sources of mold contamination; therefore our remediation services are limited to the area mentioned in this proposal. This proposal does not include removal of sources of contamination that have not been identified at this time or items not addressed within this proposal. It is also suggested the end point testing be performed to receive final clearance prior to re-construction."

Footer: AMERPACK_23253 | 1/19/2021 | Page 2

Note on Footer Date: The footer shows 1/19/2021. The Date Entered field on p. 1 shows 12/4/2019 11:56 AM (the estimate file's creation stamp). The 1/19/2021 date is the print date of the packet as it exists in the record; it sits inside the January 2021 contractor-bidding round at G21 (Olmsted on site January 14 and 20, 2021, per the Sandercock archive thread "Bidding at Chris' unit," pp. 536-550) and follows the December 18-21, 2020 exchange in which Glass's margin comments on the Olmsted scope were accepted (Section C). The scope pages attached to the estimate incorporate those comments (Section D), so the packet as printed post-dates December 21, 2020 regardless of the estimate file's 2019 origin. On February 10, 2021, Sandercock forwarded to petitioner and Olmsted a landlord-side contractor proposal "redacted as to prices" as "the proposal they plan to accept" (Archive p. 634); petitioner identified it the same evening as "the Total Restoration scope of work that you sent today" (Archive p. 639). The forward's attachment filename does not survive in the archive; this packet is consistent with that proposal, not proven to be it.

B.3) Summary for Dwelling / Signature (PDF p. 3)¶

Header: AMERPACK_23253

Financial Summary:

Field	Value
Line Item Total	(redacted)
Total Tax (Rep-Maint)	(redacted)
Replacement Cost Value	(redacted)
Net Claim	(redacted)

Signature: "Christopher Roussis" (typed name with handwritten signature)

Footer: AMERPACK_23253 | 1/19/2021 | Page 3

B.4) Mold Abatement Scope of Work -- 10-Item Scope (PDF pp. 4-7)¶

Title: Mold Abatement Scope of Work -- 97 Green St. Apartment #G21 Brooklyn, NY

Opening: "Mold abatement at 97 Green St. Apartment #G21 Brooklyn, NY -- See attached diagram in this document."

Ten Required Scope Items:

Studios 1-3 Full Demolition: Gut demolish rooms 1, 2 and 3 as indicated. This includes walls and flooring to the concrete slab and remove ceilings. Remove ceiling tiles and discard any insulation above the ceiling where present. Clean any visible staining or visible mold growth on the wood deck above the ceiling. Wood framing should be cleaned except as noted in number 6, below.
Bathroom Raised Floor / Tub / Water Heater: Remove the bathroom raised floor under the tub and how water heater and tub. Clean and save the tub and HW heater. This will require removal of the hot water heater and tub.
Bathroom/Kitchen Shared Wall: Remove the bathroom sheetrock wall shared with the kitchen. Inspect the wall cavity and the back of the cabinets.
Washer/Dryer Area: Move and save the washer and dryer outside the bathroom. Remove the sheetrock wall from the floor to a height of 2 feet and inspect behind the washer and dryer.
Studios 1-2 Party Wall: In rooms 1 and 2 remove the sheetrock to the wall cavity and do not damage the neighbors side of the wall.
Room 2 Lower Wall: In room 2 remove the lower 4 feet of the wall shared with the common hallway.
Hallway Ceiling/Loft: In the hallway between rooms 3 and rooms 1 and 2 remove the ceiling. Clean the loft above the ceiling and remove insulation and clean visible staining or visible mold growth on the wood deck.
Party Wall Probes: Cut four 2 by 2 ft. probes along the length of the wall into the living room wall shared with the neighbor into the wall cavity. Inspect for mold growth.
Living Room Ceiling Probes: In the living room cut probes into the ceiling to the wood deck and inspect for mold.
Completion/Air Handling: At completion of the work service and clean the air handling unit.

General Conditions (3 items): 1. Contractor licensed by NYS Department of Labor as mold abatement contractor. 2. All workers certified mold abatement workers by NYS Department of Labor. 3. Contractor shall inform employees of potential health risks during microbial remediation (exposure to massive concentrations of fungi; risks include allergic respiratory disease, asthma, and hypersensitivity pneumonitis).

Work Area Procedures (16 items): 1. Remove all movable objects from each work area prior to beginning work. 2. Construct containment barriers around each work area; 6-mil flame retardant polyethylene sheeting. 3. Provide employee fall protection per OSHA construction standards. 4. Non-colonized objects in enclosed containment covered by polyethylene sheeting per professional judgment. 5. HVAC systems serving work areas shut down; duct outlets sealed with six mil plastic; filters removed and disposed of. 6. Install and activate negative air filtration (AFDs); four air changes per hour per work area; 0.02 inches minimum negative pressure differential; maintained until Environmental Consultant passes clearance inspections and testing. 7. Use of detergent solution for damp wiping and cleaning; surfaces damp wiped and cleaned to remove visible mold. 8. HEPA filter vacuum cleaner to collect dust and debris; all floors and adjacent surfaces cleaned. 9. Ground fault circuit interrupters for all electrical equipment. 10. Waste placed into disposal containers promptly; contaminated materials sealed in 6 mil bags, double bagged, bags taped. 11. Labels and signs per OSHA regulations. 12. Contractor disposes all waste as construction debris. 13. During actual remediation, contractor shall not leave debris in yard or property; incinerate debris, dump waste by road or in unauthorized dumpster. 14. Contractor shall clean work area free of all dust and debris after removal work is complete; Environmental Consultant conducts approved visual inspections. 15. After cleaning, contractor shall use household detergent solution on non-porous interior surfaces by damp wiping and HEPA vacuuming. 16. Contractor shall remove final containment barriers after Environmental Consultant approves area based on inspection and clearance sampling.

Worker Protection (5 items): 1. Medical approval for respirator use per OSHA 29 CFR 1910.134; full-face air purifying respirators with HEPA cartridges; NIOSH/MSHA approved. 2. No eating, drinking, smoking, chewing gum, tobacco, or cosmetics in enclosed work areas. 3. Full-body Tyvek suits, head covers, gloves, 18-inch boot type covers; disposable clothing over street clothes. 4. Eye protection, hard hats, footwear, reusable equipment decontaminated at end of each day. 5. Visitors provided full respiratory protection, gloves, footwear, disposable clothing.

Containment Exiting Procedures (2 items): 1. HEPA vacuum gross contamination and debris before leaving air lock. 2. Remove protective clothing in work area and deposit in impermeable bag or container.

Inspections (3 items): 1. Environmental Consultant initial inspection before remediation commences. 2. Environmental Consultant post-cleanup inspections to determine if removal of visually contaminated and other scheduled materials is complete. 3. Contractor re-cleans if failing Environmental Consultant clearance inspection; additional clearance inspections until work area passes.

Clearance Testing: Visual inspection by building environmental consultant required. Settled dust sampling and direct microscopic exam of work area surfaces. Air sampling at completion to confirm mold abatement complete; negative pressure systems shut down 24 hours; airborne spore levels compared to outdoor levels. Presence of more than 2 spores of Stachybotrys or Chaetomium considered unacceptable. Spore trap methods using treated microscope slides or air-o-cell cassettes. Samples analyzed by experienced mycologist.

B.5) Floor Plan with Handwritten Annotations (PDF p. 8)¶

Title: Mold Abatement Scope of Work -- 97 Green St. Apartment #G21 Brooklyn, NY

Base Diagram: Architectural floor plan of G21 showing: Stair (left), Kitchen, Bathroom (with HW heater), Room 3, Room 1, Room 2, Loft area, Hallway, Living room and bedroom area. Printed annotations match the 10-item scope (identical layout to Stipulation Exhibit 1 floor plan and WT-108A floor plan).

Handwritten Annotations (not present on Stipulation Exhibit 1 version):

Location on Plan	Handwritten Text (as read)	Notes
Bathroom area (left side)	"REMOVE RAISED FLOOR AND WATER HEATER TUB + WH"	Reinforces scope item 2
Left margin (bathroom/kitchen)	"Cut the down 5th..." (partially legible)	Additional specification
Left margin (lower)	Annotations referencing cuts and wall specifications (partially legible)	Additional detail
Bottom center	"this is phase 1"	Handwritten notation on estimate package

Handwritten Notes — Factual Observations: The handwritten annotations do not appear on the version of this floor plan filed as Stipulation Exhibit 1 (WT-108A / WT-106 Section B.3). The annotations are on Roussis's own estimate package, prepared by him as estimator for Total Restoration, Inc. The meaning and context of the "this is phase 1" notation cannot be determined from the face of this document alone.

C) Document Timeline¶

Date	Event	Source
~2019-11-19 to ~2019-11-25	B.0 inspection: Roussis conducts moisture testing and preliminary scope assessment at G21 with Gray present	WT-104 (B.0); WT-203
2019-12-04	Estimate file created in TRI system: AMERPACK_23253, Date Entered 12/4/2019 11:56 AM (file stamp; does not date the scope pages as printed, see 2021-01-19)	WT-104B p. 1
2019-12-11	B.1 meeting: pre-inspection staging	WT-104 (B.1)
Mid/late 2019-12	B.2 meeting: master-adjuster walkthrough; Roussis present (confirmed)	WT-104 (B.2)
2020-12-08	Date shown on the Olmsted-authored "Mold Abatement Scope of Work" as later filed in Stipulation Exhibit 1	WT-108A; WT-106
2020-12-18	3:02 PM: Olmsted transmits the scope to Sandercock ("we discussed and the following scope and work procedure is attached. I also sent to Jack Glass and if he has any other comments I will let you know"); attachment `97 green work specification.pdf`. 8:30 PM: Sandercock to Skaller: "According to my expert, with whom I checked after 5 pm today, your expert has agreed to this scope."	Archive p. 495, p. 496
2020-12-21	11:40 AM: Skaller returns the document "which has the comments in the right margin. Our expert believes that Ed agreed with his comments. You can confirm this with Ed." 11:44 AM: Sandercock to Olmsted, cc petitioner, requires an answer that day (court conference Dec 22, 10 AM). 6:38 PM: Olmsted to Sandercock, cc petitioner: "I am fine with the comments in the scope. I can make the edits if needed." 11:41 PM: Sandercock to petitioner and Olmsted recommends accepting "the scope of work agreed on by Ed and the landlord expert and then test afterwards."	Archive p. 494, p. 495, p. 496
2021-01-19	Print date on TRI estimate pp. 2-3; the attached scope pages carry the December 21, 2020 comment resolutions (Section D); falls within the January 2021 bidding round (Olmsted on site Jan 14 and 20)	WT-104B pp. 2-3; Archive pp. 536-550
2021-02-10	4:30 PM: Sandercock forwards to petitioner and Olmsted a landlord-side contractor proposal "redacted as to prices," described as "the proposal they plan to accept," with a court conference the next morning. 6:45 PM: petitioner refers to it as "the Total Restoration scope of work that you sent today" and objects to the 4-foot wall removal and the single air-handling unit. 7:27 PM: Sandercock: "If you need an answer from Ed about questions about the scope of the work, he already told me it's ok."	Archive p. 634, p. 639
2021-06-29	Stipulation of Settlement so-ordered and filed in NYSCEF as Doc #10; Exhibit 1 annexes the unrevised December 8, 2020 scope with the JG1-JG8 balloons in the margin	WT-106; WT-106D; WT-117
2021-07-20 to 2021-07-27	SERVPRO performs remediation work with materially reduced field instructions	WT-208 (Coleman)

D) Textual Comparison: WT-104B vs. WT-108A (Stipulation Exhibit 1)¶

Base Finding: The 10-item scope of work in WT-104B (pp. 4-7) is the same document as the scope in WT-108A (Stipulation Exhibit 1, dated December 8, 2020) at a later revision stage (word-by-word comparison completed on the scanned pages; see the incorporation table below). Both documents share: - Identical title: "Mold Abatement Scope of Work -- 97 Green St. Apartment #G21 Brooklyn, NY" - Same 10-item scope structure - Same General Conditions, Work Area Procedures, Worker Protection, Containment Exiting, Inspections, and Clearance Testing sections - Same floor plan base diagram

Differences Identified:

Element	WT-104B (TRI packet, printed Jan 19, 2021)	WT-108A (Stipulation Exhibit 1, as so-ordered)
Jack Glass margin comments (JG1-JG8)	Not present as balloons — seven of eight are written into the body text (table below)	Present as unresolved balloons; body text unrevised
Handwritten floor plan annotations	Present (including "this is phase 1")	Not present
TRI letterhead / estimate wrapper	Present (pp. 1-3)	Not present (scope only)
Signature	Christopher Roussis (p. 3)	PRV signatories (Kowalewski, Glass) on parent document

Comment Incorporation (verbatim from both scans):

Exhibit 1 text (as so-ordered)	Glass comment	WT-104B text
Item 1: "Wood framing should be cleaned."	JG1: "Except as noted in 6, below."	"Wood framing should be cleaned except as noted in number 6 below"
Item 4: "Remove the sheetrock wall behind the washer and dryer."	JG2: "I would require only 2 feet to expose and examine."	"Remove the sheetrock wall from the floor to a height of 2 feet and inspect behind the washer and dryer."
Work Area Procedures 2: "isolate and enclose the demolition areas"	JG3: one limited containment for the whole apartment	"isolate and enclose the apartment"
Work Area Procedures 8: biocide solution as a final step	JG4: "Not a fan of biocide."	Unchanged — biocide step retained
Work Area Procedures 10: "Bags will be taped to form an air-tight seal and labeled appropriately. Two layers of wrapping or double bagging shall be used."	JG5: "No need to seal up the waste."	"Bags will be taped."
Work Area Procedures 13: "...or introduce microbial-containing water into storm or sanitary systems."	JG6: "Not a thing."	Clause removed
Work Area Procedures 15: "use detergent solution"	JG7: "I prefer simple household detergent"	"use a household detergent solution"
Clearance Testing: "The presence of significant numbers of Stachybotrys, Aspergillus/Penicillium or Chaetomium spores will be considered unacceptable."	JG8: "What is significant?"	"The presence of more than 2 spores of Stachybotrys or Chaetomium spores will be considered unacceptable."

Work Area Procedures 7 also differs ("damp wiped and cleaned to remove any visible mold" vs. "damp wiped but not soaked"); no Glass comment attaches to it.

Direction of Revision (facts-only): The WT-104B scope pages carry the resolutions of the comments that appear as open balloons on Exhibit 1. The correspondence supplies the mechanism and the date: the comments were returned through counsel on December 21, 2020 and Olmsted accepted them the same evening ("I can make the edits if needed"; Section C). The court-filed Exhibit 1 is therefore the pre-revision draft; the contractor's packet carries the post-revision text. Which version the parties' experts treated as operative in July 2021 is not established from these documents.

E) Reported Statements (As Reported by Christian Gray -- Undocumented)¶

The following statements are recorded as reported by Gray. They do not appear in the source PDF and have no independent documentary support at this time.

Contract Award: Martin Kofman did not award the remediation contract to Total Restoration, Inc. Kofman told Gray the reason was that Roussis's proposal was "too expensive." No documentation of this conversation exists in the current corpus.
SERVPRO Scope: Gray believes Kofman provided SERVPRO with a different (reduced) scope of work than the Roussis/TRI scope. No SERVPRO scope-of-work document has been collected (see Section G, outstanding discovery items).
Insurance Claim Use: Gray states that Kofman used the Roussis/TRI scope and estimate to support the property insurance claim filed with the carrier. This is consistent with: (a) the estimate identifying the "Insured" as American Packaging Company; (b) WT-104 B.3 reporting that the carrier approved the landlord's claim for Studios 1 & 2; (c) WT-102 referencing insurance proceeds and remediation scope in the December 3, 2019 email to counsel.

F) Cross-References¶

Tab	Relationship
WT-104	Parent framework: B.0 inspection produced this scope; B.1/B.2 meetings used this scope for insurance positioning
WT-108A	Stipulation Exhibit 1 scope -- the unrevised text with JG1-JG8 as balloons; WT-104B carries the revised text (Section D)
WT-106	Court-Ordered vs. Executed comparison -- Section J carries the December 2020 and February 2021 scope-agreement rows
WT-203	Chris Roussis Witness Profile -- core scope package collected; ancillary records outstanding
WT-301	Total Restoration Corporate Profile / Discovery Packet -- source entity
WT-201	Evan Katz Witness Profile -- Power Adjustment coordination with TRI on insurance claim
WT-208	Raheem Coleman (SERVPRO) -- field instructions diverged from this scope
WT-102	Dec 3, 2019 email to counsel -- references insurance proceeds and scope
WT-103	Dec 18, 2019 insurance declination (CGL coverage) -- scope context
WT-001	Master Timeline -- add 12/4/2019 estimate entry date

G) Outstanding Discovery Items¶

G.1) Documents to Collect¶

The following records would strengthen the evidentiary chain surrounding this scope package:

SERVPRO scope of work / work order as provided by Kofman or ALC -- to compare against the Roussis scope
TRI-to-landlord transmittal of this estimate (email, letter, or fax from Roussis to Kofman/APC)
TRI-to-Power Adjustment transmittal (any copy sent to Evan Katz or PA)
Insurance claim filing documents referencing TRI scope or AMERPACK_23253 estimate
Documentation of Kofman's decision not to award contract to TRI (emails, letters, or third-party accounts)
Unredacted version of estimate pricing (pp. 2-3) if available from TRI records
B.0 ancillary records: moisture logs, photos, and any transmittals from the late November 2019 inspection

G.2) Handwritten Annotations¶

The handwritten annotations on the floor plan (p. 8), including "this is phase 1," appear on Roussis's own estimate package. Gray confirms the annotations are Roussis's; authorship is not established from the face of the document alone. The annotations do not appear on the Stipulation Exhibit 1 version of this floor plan (WT-108A), which carries the unrevised text (Section D).

END -- White Tab 104B -- Total Restoration Mold Mitigation Scope Package (Date Entered 12/4/2019) v1.4