White Tab 114 — Scope Manipulation Evidence Compendium (Facts-Only)¶
GUARDRAIL: WHITE — FACT REPOSITORY ONLY
Facts & source pinpoints only. No strategy, no argument, no legal opinions. All quotations are "as reported" unless exact text appears in a cited source.
PART A — Purpose and Scope¶
This document serves as the master evidence reference for the scope manipulation issue at G21 (97 Green Street, Brooklyn). It consolidates:
- The Promise — The court-ordered scope of work (Dec 8, 2020)
- The Field Instructions — What workers were actually told to do (Jul 2021)
- The Certification — What ALC certified as complete (Aug 3, 2021)
- The Audit — What independent expert Olmsted found on-site (Aug 18, 2022)
- The Admission — Counsel's acknowledgment that affidavits were "not accurate"
- The Consequence — Visible mold documented after "clearance" (Jul 2023)
Document Discipline: This is a facts-only compendium. For strategic analysis, see Purple B007-B009. For damages calculations, see Blue/Pink sections.
PART B — The Court-Ordered Scope (The Promise)¶
Source: WT-108A — Mold Abatement Work Scope (Dec 8, 2020), extracted from ALC PRV Appendix B; also filed as Stipulation Exhibit 1 in HP 6086/2020.
Legal Status: Court-approved and so-ordered as part of Stipulation of Settlement.
B.1 The 10-Item Scope Requirements¶
| Item | Location | Court-Ordered Requirement | Source |
|---|---|---|---|
| 1 | Studios 1-3 (Rooms 1, 2, 3) | Gut demolish: remove walls to studs, floors to concrete slab, ceilings to deck. HEPA vacuum framing; detergent clean. | WT-108A §B |
| 2 | Bathroom | Remove raised floor under tub and water heater. Clean exposed cavities. | WT-108A §B |
| 3 | Bathroom/Kitchen shared wall | Open from bathroom side; HEPA + detergent clean back of kitchen base cabinets and wall cavity. | WT-108A §B |
| 4 | Hallway Washer/Dryer area | Remove units; open wall; HEPA + detergent clean. | WT-108A §B |
| 5 | Neighbor shared walls | Remove to wall cavity (neighbor side). | WT-108A §B |
| 6 | Room 2 (common hallway wall) | Remove lower 4 feet of wall shared with common hallway. | WT-108A §B |
| 7 | Hallway between Rooms 1-3 | Remove ceiling above rooms; remove insulation; clean loft area above; clean deck/joists. | WT-108A §B |
| 8 | Living room party wall | Cut four 24"×24" exploratory probes into wall cavity shared with neighbor; inspect for mold growth. | WT-108A §B |
| 9 | Living room ceiling | Cut probes to wood deck; inspect for mold. | WT-108A §B |
| 10 | Air handling / HVAC | Service unit, clean housings, replace filters. | WT-108A §B |
B.2 Key Operational Requirements¶
- Containment: Regulated work areas with tight containment and negative pressure
- Worker Protection: PPE per plan; decontamination chamber
- Cleaning Standard: HEPA vacuum + detergent clean; repeat until visually clean
- Clearance Condition: Areas must pass visual inspection before air testing
B.3 Margin Comments on Scope Document¶
The Dec 8, 2020 scope pages contain inline editorial comments attributed to "JG" (Jack Glass):
| Tag | Comment Text | Location |
|---|---|---|
| JG1 | "Except as noted in 6, below." | Item 1 area |
| JG2 | "I would require only 2 feet to expose and examine." | Item 6 area |
Source: WT-108A §D
PART C — The Field Instructions (The Betrayal)¶
Source: WT-208 — Raheem Coleman (SERVPRO) Witness Profile, §C.1
Witness: Raheem Coleman, SERVPRO Production Manager, on-site supervisor during July 20-27, 2021 remediation window.
C.1 Coleman's Reported Instructions¶
| Element | Court-Ordered (WT-108A) | Field Instruction Received (WT-208) |
|---|---|---|
| Walls | Remove to studs | "Only remove one layer of drywall" |
| Floors | Remove to concrete slab | "Only the bamboo layer of the flooring system" |
| Party wall probes | Cut four 24"×24" probes | "Not mentioned" |
| Ceiling probes | Cut probes to wood deck | "Not mentioned" |
Attribution: Reported by Christian Gray from on-site conversation with Raheem Coleman during July 20-27, 2021.
Status: As reported; native Coleman statement not yet collected. Collection task: COLEMAN-LOCK-01.
C.2 The Categorical Divergence¶
The divergence is not technical or ambiguous — it is categorical:
| Requirement Type | Court Order | Field Instruction | Nature of Divergence |
|---|---|---|---|
| Wall removal depth | To studs (complete removal) | One layer only (surface removal) | Fundamental difference |
| Floor removal depth | To slab (complete removal) | Bamboo wear layer only (surface removal) | Fundamental difference |
| Party wall probes | Required (4 probes) | Not mentioned (omitted entirely) | Complete omission |
| Ceiling probes | Required | Not mentioned (omitted entirely) | Complete omission |
PART D — The Certification (The False Clearance)¶
Source: WT-108 — ALC Post-Remediation Verification (PRV), inspection Jul 28, 2021, report Aug 3, 2021.
D.1 PRV Timeline¶
| Date | Event | Source |
|---|---|---|
| Jul 20-27, 2021 | SERVPRO remediation execution (7 days) | WT-106 §D |
| Jul 28, 2021 | ALC PRV inspection (1 day after work ended) | WT-108 |
| Aug 3, 2021 | ALC PRV report issued | WT-108 |
D.2 PRV Certifications¶
The ALC PRV stated:
"This apartment has achieved clearance."
"ALC found apartment to be free and clean of moisture, microbial growth, and 'mold-like' odors."
"Walls removed as per work scope"
"Ceiling removed as per work scope"
"Floor removed as per work scope"
"Building materials measured dry."
Signatories: Candice A. Kowalewski, MPH; Jack Glass, MS, CIH
Source: WT-108
D.3 PRV Timing Issue¶
The PRV inspection occurred one day after SERVPRO work concluded. A comprehensive scope requiring removal to studs/slab/deck across multiple rooms would typically require more than 7 days to execute and more than 1 day to verify.
PART E — The Professional Audit (The Exposure)¶
Source: WT-109 — Olmsted Response to ALC (Aug 18, 2022)
Expert: Edward A. Olmsted, CIH, CSP, NYS Mold Assessor
E.1 Executive Finding¶
"The affirmation is replete with misleading and incorrect statements from Counsel Skaller, Candice Kowalewski and Jack Glass to the degree that it brings into question the veracity of the entire document."
Source: WT-109 §B
E.2 On-Site Inspection Findings (Aug 2022)¶
Olmsted conducted a physical walkthrough of G21 approximately 13 months after the PRV "clearance" and documented the following:
| Scope Item | Court Requirement | Olmsted Finding (Aug 2022) | Source |
|---|---|---|---|
| Item 1 (Studios 1-3) | Gut demo to studs; floors to slab; ceilings to deck | Only one layer of wallboard removed; much left in place; ceilings above tiles left; Studio 1 floor not removed to slab; framing couldn't be cleaned where wallboard remained | WT-109 §D |
| Item 2 (Bathroom floor) | Remove raised floor under tub/HW heater | Not done | WT-109 §D |
| Item 3 (Bath/Kitchen wall) | Open and clean shared wall | Not done; visible mold remained | WT-109 §D |
| Item 5 (Neighbor walls) | Remove to wall cavity | Not taken to cavity | WT-109 §D |
| Item 6 (Room 2 hallway wall) | Remove lower 4 ft | Incomplete; visible mold remained | WT-109 §D |
| Item 8 (Party wall probes) | Cut four 24"×24" probes | Not cut | WT-109 §D |
| Item 9 (Ceiling probes) | Cut probes to wood deck | Not cut | WT-109 §D |
E.3 Studio 1 Floor — Detailed Finding¶
"Two layers of wood floor left in place (not anchored to slab); could be lifted by hand; upper side damp; underside heavily moldy and wet on meter probe."
"Studio 1 floor was to be removed to the slab; he concludes scope was never followed."
Source: WT-109 §C
E.4 Blue Insulation Panels — Detailed Finding¶
"Panels left in place could be slid aside by hand; doing so revealed visible mold on sheetrock above and on the shared wall."
"The sheetrock ceiling/walls in Studio 1 were to be removed."
Source: WT-109 §C
E.5 Moisture Testing Standard¶
"Post-abatement inspection should include moisture testing under NYS DOL/NYC guidance; he states ALC did not do this."
Source: WT-109 §C
E.6 Professional Standards Cited by Olmsted¶
| Authority | Standard Cited | Source |
|---|---|---|
| EPA | Hidden mold locations; "dead mold" still triggers reactions; removal required | WT-109 §F |
| AIHA (2019) | Hidden growth should be effectively cleaned/removed | WT-109 §F |
| Pessi et al. (2002) | Growth in insulated walls can degrade indoor air quality | WT-109 §F |
| Local Law 61 of 2018 | Required filings (Work Plan Notification, Work Plan, Post-Remediation Assessment Form, Post-Remediation Certification) were not filed | WT-109 §H |
PART F — The Admission (The Confession)¶
Source: WT-106 §C; HP 6086/2020 transcript (page/line TBD — collection task HP-TRANS-01)
F.1 The Statement¶
Defendant's counsel (David Skaller) stated on the court record that the affidavits asserting comprehensive completion were "not accurate."
F.2 Significance¶
This statement constitutes an acknowledgment by opposing party's counsel that the certifications filed with the court did not accurately represent what was actually done.
PART G — The Consequence (The Real-World Proof)¶
Source: WT-111 — July 2023 Re-Flood Email Packet
G.1 Timeline¶
| Date | Event | Source |
|---|---|---|
| Jul 12-17, 2023 | Re-flood / re-wet event at G21 | WT-111 |
| ~23 months | Time elapsed since "achieved clearance" PRV | Calculated |
G.2 Conditions Documented¶
- Visible mold documented on surfaces that had been certified as remediated
- Bathroom floor/walls re-wetted
- Adjacent kitchen/hallway affected
- Living area ceiling leak during heavy rains
- Plumber valve break + capping acknowledged
- Building-wide roof leak pattern reported
G.3 Evidentiary Significance¶
The July 2023 re-flood documented visible mold in the same areas that the PRV had certified as "free and clean." If the court-ordered scope had been executed — walls to studs, floors to slab, probes cut — the conditions Olmsted documented in 2022 and the visible mold in 2023 could not have existed.
PART H — Consolidated Timeline¶
| Date | Event | Document | Significance |
|---|---|---|---|
| 2020-12-08 | Court-ordered scope agreed (Stipulation Exhibit 1) | WT-108A | THE PROMISE |
| 2021-07-20 to 07-27 | SERVPRO remediation execution (7 days) | WT-106, WT-208 | Work performed with reduced instructions |
| 2021-07-28 | ALC PRV inspection (1 day after work) | WT-108 | |
| 2021-08-03 | ALC PRV report: "achieved clearance" | WT-108 | THE FALSE CERTIFICATION |
| 2022-08-18 | Olmsted on-site inspection + response | WT-109 | THE PROFESSIONAL AUDIT |
| 2022-11-07 | Olmsted follow-up scope proposal | WT-110 | Additional work identified |
| 2022 (date TBD) | Counsel admits affidavits "not accurate" | HP 6086/2020 | THE ADMISSION |
| 2023-07-12 to 07-17 | Re-flood; visible mold documented | WT-111 | THE CONSEQUENCE |
PART I — Source Divergences Matrix (Preview)¶
| Topic | ALC PRV (WT-108) States | Olmsted Response (WT-109) States |
|---|---|---|
| Studio 1 walls/ceiling/floor | "Removed as per work scope"; area "free and clean of VMG or odors" | Floor not removed to slab; two layers wood left, damp/wet underside with visible mold; sheetrock above insulation and shared wall with visible mold; scope "was never followed" |
| Material condition | "Building materials measured dry." Indoor RH ~73% | Moisture present under Studio 1 floor; issues detectable without cutting (lifted/moved by hand) |
| Overall outcome | "This apartment has achieved clearance. ALC found apartment to be free and clean of moisture, microbial growth, and 'mold-like' odors." | Multiple scope items incomplete; mold materials left; cites standards and Local Law 61 filings "not done" |
Note: Full divergences matrix maintained in WT-114 — Source Divergences Index.
PART J — Key Personnel¶
| Name | Role | Affiliation | Documents |
|---|---|---|---|
| Edward A. Olmsted, CIH, CSP | Independent Mold Inspector (Tenant's expert) | Olmsted Environmental Services | WT-107, WT-109, WT-110 |
| Candice A. Kowalewski, MPH | PRV signatory | ALC Environmental | WT-108 |
| Jack Glass, MS, CIH | PRV signatory; margin comments on scope | ALC Environmental | WT-108, WT-108A |
| Raheem Coleman | On-site SERVPRO supervisor | SERVPRO West Somerset County | WT-208 |
| Ronnie Garcia | SERVPRO lead/estimator | SERVPRO | WT-207 |
| David Skaller, Esq. | Landlord's counsel; "not accurate" statement | — | WT-106 §C |
PART K — Collection Tasks (Evidence Strengthening)¶
| Task ID | Target | Purpose | Status |
|---|---|---|---|
| COLEMAN-LOCK-01 | Coleman formal statement | Lock "one layer / bamboo only" testimony | Pending |
| SUBP-SERVPRO-01 | SERVPRO work orders/logs (Jul 20-27, 2021) | Documentary proof of scope instructions | Pending |
| HP-TRANS-01 | HP 6086/2020 certified transcript | Page/line for "not accurate" admission | Pending |
| 109-EVID-01 | Olmsted photos/moisture data from Aug 2022 | Physical evidence of non-completion | Pending |
| 111-META-01 | Native photos with EXIF from Jul 2023 | Authenticate re-flood documentation | Pending |
PART L — Cross-References¶
| Document | Relationship |
|---|---|
| WT-106 | Scope comparison matrix (Court-Ordered vs. Executed) |
| WT-107 | Olmsted baseline inspection (Jun 28, 2020) |
| WT-108 | ALC Post-Remediation Verification (Aug 3, 2021) |
| WT-108A | Dec 8, 2020 Mold Abatement Scope (extracted) |
| WT-109 | Olmsted Response to ALC (Aug 18, 2022) |
| WT-110 | Olmsted Follow-Up Scope (Nov 7, 2022) |
| WT-111 | July 2023 Re-Flood Email Packet |
| WT-208 | Raheem Coleman Witness Profile |
| Purple B007 | Scope Manipulation Criminal Referral Package |
| Purple B008 | Scope Manipulation Courtroom Summary |
| Purple B009 | Scope Manipulation Settlement Playbook |
END — White Tab 114 — Scope Manipulation Evidence Compendium (Facts-Only) v1.4