00:00:00 Speaker 1
So my concern was that you are not able to hear me, Mr. Kozic, Mr. Gray, and Mr. Scholar. Can you let me know?
00:00:07 Speaker 2
I can hear you now.
00:00:10 Speaker 1
Now I think uh Mr. Kozic cannot hear me, Mr. Gray is nodding his head, so let me just double check. I can hear you now Oh, you can? Okay great So I had oddly. I mean, it's not you who did the motion Mike, but we have all the papers Did, you feel the need to supplement or or. Alter them in any way? I mean, have we talking about resolution at all, Mr. Scholar, with regards to the Olmsted's finding?
00:00:34 Speaker 2
Yeah, We weum we actually have been trying to resolve this ever since the motion was made. Um, I tried with Miss Sandercok and then Mr. Kosik was substituted in. Right. And actuallyum we went to the apartment on March twenty first with our expertsum and. We thought, I thought we had an agreement on what the steps forward were going to be. There is more work that has to be done. We admit there's more work that has to be done. That's that's not in dispute. And I think that we came to an agreement as to this, the amount of work and the scope of work. There are a couple of things, that we just have to iron out. There's, there's a um like an attic area that we're waiting to hear back from Mr Kozak and his client on.
00:01:23 Speaker 2
And there was a wall. There was a front wall that, um, We just had to figure out how to um to handle that part of the wall. So other than those two things, I think were in agreement on on everything. So on the twenty first when the port, when the experts Mr, Kozak and I and Mr Gray were there, uh we agreed that were going to do six or seven probes. Um To see if there was any indication of mold. And I thought, and I'm only speaking for myself, I'm not going to speak for Mr. Kozak, I thought it was agreed that the that SERVPRO was going to make those probes, They were going to take pictures and video inside those probes and send it to our experts to see if there was any indication of mold. When the when SERVPRO went.
00:02:19 Speaker 2
Uh, Mr. Gray stopped them after I think a probe or two because they were not taking material to test. And Mr. Kosig and I went back and forth on, I thought that we agreed to it was going to be a visual first, and if something else needed to take place, it would take place. And so that's where we are now. Um, we have a disagreement on on that particular approach Uh, I think Mr. Kosik, you know, Indicated to me, he thought that that it that this testing should be done on all the probes. And I'm not disagreeing with him necessarily if the visuals, which both experts said were fine, show that there's mold, then we would do the testing. But if the visuals showed no mold, there's no need to test those particular areas you know that were probed. And then I reached out to Mr. Kosik again.
00:03:14 Speaker 2
Um, I believe it was yesterday or the day before, trying to see if we could come to a resolution. And on that particular last email, I didn't receive a response. He and I have been communicative and uh and really trying to work this out. Um, I was just taken aback because it was really never discussed about testing. And my expert said you know, I i forwarded him Mr Kosik's emails. And he said, yeah, if the visuals show that. There's indications of mold, then yeah, they should be tested for sure. So that's where we are. I don't really. Mr. Kosak said he wanted to speak with you. I'm not sure necessarily about what because we're trying to. We've dealt with each other for years and years, and we were trying to do it amongst ourselves.
00:04:05 Speaker 2
So that's that's what I have to say.
00:04:07 Speaker 1
Before passing the floor to Mr. Kozak, I am just going to throw out there: if they're already in there doing probes, Is it the end of the world to just send a couple of them for testing? How much more expensive is it?
00:04:18 Speaker 2
Um, I don't i have no idea and I can certainly find out, and i couldum I can certainly find out. Unfortunatelyum when SERCO was there, Um, because they were also there, not just the experts, but SERPRO was there at this meeting on March twenty first. Um, They had the same distinct understanding that it was going to just be probes and and visual. Um so would I.
00:04:50 Speaker 1
Only reason I am asking is because I am looking at this in a trial context and I am thinking of this person up there. And I am saying, well, did you take? Did you visualize? Yes, there was no mold. Would you take probe? Yes. Did you test? No and I am just thinking well? If he could say yes to that and then the result is nothing, that makes him look better. I am just thinking that far in advance and I know the goal is to not get to that point, But I am wondering if cost benefit analysis doesn't make some sense just to maybe send a couple of them for testing if they're already doing the probes.
00:05:16 Speaker 2
You know what? I think that's a fantastic suggestion. Um, I am certainly receptive to saying, you know to bringing it up with my client, my expert and SERCO. Um, I don't know if that's sufficient for Mister Kozak as far as, You know, if it's less than all of the probes that are getting tested, and then it's a matter of which ones. I mean, I'm certainly amenable to having like two of the probes, um tested and and I'll even let them choose, which two. Um, that that's that's that seems to be a reasonable compromise. All right,
00:05:49 Speaker 1
Let's pass the floor to him and see what he has to say. Mike, go ahead.
00:05:54 Speaker 3
Uh uh good morning your honorum, Yeah, I mean, I would agree, you know, with David that Mr. Scallop excuse me. That's my fault.
00:06:04 Speaker 1
I call you all by your first names.
00:06:07 Speaker 3
We've worked together for many years, and we've tried toum since I got involved in this tried to, you know, get this resolved You know, This was handled by Miss Sandercock for many years andum I got involved in the fall Um. Obviously, there's a lot of history here. Um the you know, the purpose of the motion was to determine whether or not there's been there was compliance with this stipulation. Uh, this so ordered stipulation. And you know, we would require a hearing. And if we were right um an order contemplates an order from your honor or from the court, requiring, you know that the remaining work contemplated in the original um.
00:06:56 Speaker 3
Stipulation and settlement to be completed. There are some other complexities to the the issue, which are beyond just simply this this case, Which is that there is some language in the agreement about release of claims that. The owner in a related case at the loft board regarding harassment is claiming waived to any claims that my client could make with respect to harassment related to this work. And that makes things difficult for us at this point to get things resolved on just saying, well, it's just going to be.
00:07:50 Speaker 3
Complete some of the remaining work per the settlement, Because we don't believe one that, that language was meant to apply to this other case. But even if it was, that waiver was based upon the consideration provided for in the settlement. And you know, our belief is that that just that consideration was never was ever provided.
00:08:16 Speaker 1
So let me interrupt you for a minute and ask you, are you pretty much saying that without a global resolution, You're not really that interested in making sure this portion of it is goes away for lack of a better expression?
00:08:31 Speaker 3
What I'll say, is this: Our. Our belief is that the settlement requires certain work to be done. Period. Right? And that that work was not done. Um, but at this point, you know, Look, we've tried to work through a settlement and for various reasons, it hasn't it hasn't gotten resolved as of today. Um, you know the SERVPRO probes. You know what I said to Mr. Schuyler was I didn't see what how can you rationalize saying that probes are to be done if it's not?
00:09:09 Speaker 3
To serve some purpose in terms of determining whether or not there's, you know, active mold infiltration in those areas.
00:09:16 Speaker 1
Yeah, that makes sense. Yeah.
00:09:17 Speaker 3
So, you know, that's and that's the trouble that I had with it. And, my my understanding of what happened that day was that Servpro was there and didn't really have any information about what was actually to happen after the probes were taken. And I said this to Mr. Scholar, It's not just cut a hole in the wall or in the ceiling and then and then leave right? It's to determine whether, I mean,
00:09:38 Speaker 1
He seems to be willing to maybe do some tests, But I look, if you're at a point now where and I'm only pushing this along because I have two trials, I have to get to. Butum if you're saying that you think at this point, just take the motion, You don't have anything additional to say beyond what Margaret already said and you Mr. Scholar have your papers in and in the interim if you want to keep, you know trying to improve this situation that no one's stopping you. But i'm getting from Mike that he wants me to just take the motion. And I don't think anybody has anything else to put in on it other than Mike because he's taking it over from Margaret.
00:10:11 Speaker 3
Yeah, I think I think that that's right. We're we're not foreclosing the idea of like a resolution here, but you know we want to we want to get this process moving forward. I think that the agreement does require you knowum or may require ongoing access to complete any remaining work.
00:10:29 Speaker 1
Mhm yeah obviously.
00:10:30 Speaker 3
I just I can't I just can't you know in discussing with my client, You know, um, hold off on moving forward with the motion. I think that the papers are sufficient. I've reviewed everything. The reply affidavit from Mr. Olmstead, I think is very revealing and is comprehensive in terms of his findings of you know what was not completed for the agreement.
00:10:56 Speaker 2
Um, I just have to say your honor that sure, I'm just blindsided by this, First of all, Mr. Kosik has never said anything about a global settlement, or he has never discussed with me anything beyond trying to finish the work in the apartment. So that that's the first thing. So I I wasn't I wasn't aware that Well,
00:11:17 Speaker 1
I'm going to interrupt you on on one point here. I'm going to say that resolution of this motion is not going to really, I think do much on that at all. And and I don't particularly like that. Style of chess, as it were, in these cases, but is what is. So, if it ultimately is going to work for me to handle this small portion with my limited jurisdiction. And then you use that as some launching point for another move later on, fine. But, that's the strategy he's using and whether it works to his client's benefit or not, I guess we'll remain to see. But I think in terms of I mean you both know each other better and can continue talking. But I think at this point i don't i don't see the.
00:11:56 Speaker 1
I don't think it makes sense at this point. I am hearing what you are saying, And I think I can incorporate that into a decision if it makes the most sense.
00:12:04 Speaker 2
But let me just interrupt. I want to make it easy for you.
00:12:06 Speaker 1
No, I interrupted you, so you continue. No,
00:12:08 Speaker 2
No, no, no, No, but but You are the judge; you are allowedum But. We acknowledge the work was not completed;. We acknowledge it right? I will acknowledge that the affidavits that I have are not accurate;. I have found that i found that out after the fact. Um, that they're not accurate. So we do have work to do. So I you know what's their what's the decision? This I mean, I will stipulate that we have to do the work. That's fine. I mean and that the work was not completed. My client paid Surf, Pro and their expert to be pre to do the work pursuant to the scope of work. They were present you know during this and and the work wasn't done. My client is dumbfounded that he paid.
00:12:52 Speaker 2
For a scope of work to be done and it wasn't done, some a lot of work was done, but there's still plenty of work that needs to be done. Which is why I don't think the motion you know, will stipulate to do doing the remainder of the work. And, we have a scope of work that we I thought we agreed to um before. So you know. So I don't know, submitting the motion makes. You know, I'm willing to stipulate that we did not comply with the stipulation.
00:13:23 Speaker 1
And Mike, Let me ask you this: if he were to stipulate that what he's saying. And in addition, he'll agree to get a some number of tests, Would that would that satisfy you as far as at least just these papers are concerned?
00:13:38 Speaker 3
Maybe. Okay. The the the language in terms of what the stipulation that would say is important to me because of. These other cases that are referred to, which are concerning to us, right? Like when the stipulation was entered into, there were certain considerations negotiated, certain expectations about what that language means about what's going to happen et cetera. Right. There's non compliance with that. And then the owner attempts to use a provision of the agreement that they didn't comply with to claim that, you know, my client has no claims in another, you know.
00:14:16 Speaker 3
You know, another context, right? It's difficult, you know, for us. So, if there is a way to craft language that you know that deals with that issue in a way that's satisfactory, great. I'm.
00:14:29 Speaker 2
Happy I'm happy to review it.
00:14:30 Speaker 1
So I have an idea. Well i'm gonna i'm gonna mark it reserved. I'm gonna hold it. I'm gonna put a note to myself to not look at it for two weeks. I will then reach out to you and see if a quick virtual conference will help tie us loose tie up loose ends or if we've completely fallen apart. Is that reasonable, gentlemen? And Miss is not on this case. Is this reasonable?
00:14:50 Speaker 3
That's fine for me. And I did by the way, David, I didn't mean to sandbag you here today. That was certainly not my intention. Soum I.
00:14:59 Speaker 2
Am receptive to any wording, any stipulation that you have where I could talk to my client. So I am happy to try to resolve it.
00:15:07 Speaker 1
All right, so I'm going to put it in a note on NiceF. If in the interim between now and the two week period, there is additional uh, conversations you need to have that you want intervention on, please let me know. I can schedule a conference in an hour's notice under most circumstances. So uh if I don't hear from anyone, I will reach out on the, i'm going to ask Tavrisk myself to reach out, and this will all be reflected in the NiceF note. Okay?
00:15:27 Speaker 2
Okay. And intervention is the proper word.
00:15:31 Speaker 1
Sure, we love that word. All right, thank you everyone. All right, So I'll put a note in now, and then i'll I'll speak to Miss Odom on her case now. Thank you so much. All right, bye bye.