HomeMy WebLinkAboutSWG Letters / Memos - 12/24/2024 r
Ahlers Joshua B. Lane
+ Cressman& Direct: (206)343-4547
Sleight PLLC Main: (206)287-9900
Fax: (206)934-1139
1325 4TH AVE SUITE 1850 SEATTLE,WA 98101-2573 joshua.lane@acslawyers.com
December 24, 2024
VIA ELECTRONIC MAIL AND
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Badger Excavation, LLC Badger Excavation, LLC
Attn: Phillip Olson, its Governor Attn: Phillip Olson, its Governor
8290 Ebbert Dr. PO Box 377
Port Orchard, WA 98367 Olalla, WA 98359-0377
phi1l ip(a,badgerexcavation.com
Re: Susan Solais/661 SE Mill Creek Rd., Shelton,WA 98584
NOTICE OF CONTRACTOR FAILURE TO CURE DEFAULT
NOTICE OF INTENT TO TERMINATE FOR DEFAULT
Dear Mr. Olson:
This firm represents Susan Solais("Solais").Ms. Solais engaged Badger Excavation,LLC
("Badger")to complete septic work installation at her property located at 661 SE Mill Creek Rd.,
Shelton, WA 98584 (the "Property"). Your contract with Ms. Solais for the work totaled $37,500
(the"Contract").
As you are aware,a dispute arose with Ms. Solais over whether Badger installed sufficient
material to cover the drainfield on the Property. Our records demonstrate that the material Badger
installed did not sufficiently cover the drainfield. On November 15,2024,you emailed Ms. Solais
stating:
Balance on the project is $19,493,70
Susan will pay $14,493.70 now
Which will leave a balance of$5000 which will be paid after the drainfield has
been covered in accordance with state code.
Emphasis added. In short,you put in writing Badger's concession that, as of November 15, 2024,
the drainfield has not been covered in accordance with state code and Badger's work remains
incomplete. Badger's work remains incomplete and Badger is in breach of its Contract.
On December 4, 2024, Ms. Solais' prior counsel, John Bonin, provided Badger with
contractual notice that Badger's work was incomplete and provided Badger with 10 days to address
and correct the cause of default. Badger took no steps to correct the default. Rather, on December
21,2024,you issued a retaliatory email to Ms. Solais and her prior counsel, indicating that Badger
would be performing no further work,that Badger is now seeking$34,426.20 in change orders on
top of the $5,000 contract balance, and that Badger withdrew its approval from the septic permit
held with Mason County Public Health to intentionally interfere with Ms. Solais' efforts to
complete the work.You also claimed Badger's contractual warranty is now"null and void"because
of work performed by another contractor on the Property(no such work has taken place)and that
December 24, 2024
Page 3
g. Copies of"the pictures of the drainfield at completion"and"pictures of the GC measuring
the cover depth at walkthrough" referenced in your December 21, 2024, email to Ms.
Solais;
h. Copies of all lawsuits filed against Badger in the last 6 years;
I. Copies of all lawsuits filed against Badger's bond(s) in the last 6 years; and
j. Copies of all documentation regarding LNI violations issued against Badger in the last 6
years.
Ms. Solais reserves all rights and remedies under the Contract and Chapter 19.86 RCW.
Very Truly Yours,
AHLERS CRESSMAN&SLEIGHT PLLCFF
JLane
JBL:skk
cc: Client
Russell A. Knight, Esq.; rknightC ismithalling com
Rhonda Thompson,Mason County Health Department; rthompson(a�masoncountvwa.gov
B o n(i,-
A Professional Service Corporation
PO Box 783
Shelton, WA 98584
Phone (360)427-7474, Fax (360)427-7475
John R.Bonin,Attorney Johnbonin@johnbonin.com
December 4,2024
Phillip Olson via e-mail,certified and regular mail
Badger Excavation,LLC
8290 Ebbert Drive billing@badgerexcavation.com
Port Orchard,WA 98367 Phillip(a,Badgerexcavation.com
RE: Demand for Cure and Notice of intent to pursue bond
Dear Mr.Olson:
I am contacting you at both the address you use for communication and the address for harassing billings in
breach of agreement that you are sending to my client Ms.Susan Solais. Your contract sets forth when you are
to be paid. Your actions are most likely also a violation of the Consumer Protection Act of this state.
You have an express contact with my client Susan Solais for work to be performed at 661 SE Mill Creek Road,
Shelton,WA 98584. You have abandoned this project and a communication between your licensed septic
installer and my client this morning has established that your breach is intentional.
At this point we have direct evidence that the amount of infiltrate is not in compliance with Washington state
code. See attached.
In addition,you made a written promise in e-mail to restore my client's road from the damage you have caused
as an apology for your recalcitrance and your failure to complete either of these actions is causing a great deal
of problems for my client. She is suffering monetary impact as a result of your conduct and abandonment. This
is in addition to your incessant billings claiming the work is completed when in fact it is not. You have
scheduled appointments for yourself and Mr.Korbin Hurley to appear and then fail to show. The last time was
ten days ago claiming bad weather. It has since been nine full days of zero levels of precipitation and you are
silent,but billing.In an e-mail to Ms. Solais,you indicated that to complete the project you may end up tearing
up the road and you would rebuild that as a courtesy. Frankly,your promise is well made because you have
already torn up the road at this site and you do need to restore that area of land as well as any additional damage
you might cause to complete this project.
At this point you have ten days from today to fully complete the septic system and redo the driveway as you
promised. If you fail to complete this within that time we will file litigation on behalf of Ms.Solais on your
bond and upon your business,get the projects(both contracted and promised)completed and pursue damages
including without limitation the consequential damages caused by this situation.
Amazingly,while my client was in my office talking to me about how you breached your promise to come out
and cure recently and that there has been nine days of acceptable weather for you to actually appear and do the
John R Bonin,P.S.,Physical Delivery of 1800 Olympic Highway S,Ste 1,2,3,Shelton WA 98584
I
• Page 2 December 4, 2024
work, Mr.Hurley called her. Mr.Hurley stated to her that the issue was that you did not want to pay for the
additional infiltrate. The infiltrate is part of what you agreed to provide for the project.
Per the discussion had with Mr.Hurley when he called her in my presence and on speaker phone,my client is
expecting to hear from you by end of business today and possibly even meet with you on-site today to show you
all the evidence that you are not up to state code. At that time,she will be expecting a clear and written
expression of your plan and timeline to complete this project within the ten days we afford you—which includes
your restoration of any damage you have caused or will cause to the property. You subsequently called my
client yourself and refused to perform within ten days because she has an attorney and now everything has to be
in writing and has to go through attorneys. Your contract is in writing sir and this is your opportunity to cure.
I have no need to hear from your attorney. You will either have cured this matter within ten days or you will
have not. Your attorney can contact me in response to the subsequent action that will be filed if you do not.
Since�rel ,
ohn Boni
Attorney at Law
Enc.
Copy of County Code
Copy of photos
Cc: Mason County Department of Health
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(b) Calculation of the absorption area is based on:
(i) The design flow in WAC 246-272A-0230 (2) ; and
(ii) Loading rates equal to or less than those in Table VIII ap-
plied to the infiltrative surface of the soil dispersal component or
the finest textured soil within the vertical separation selected by
the designer, whichever has the finest texture .
(c) Requirements for the method of distribution shall correspond
to those in Table VI .
(d) Soil dispersal components having daily design flow between
one thousand and three thousand five hundred gallons of sewage per day
shall:
(i) Only be located in soil types 1-5;
(ii) Only be located on slopes of less than thirty percent, or
seventeen degrees; and
(iii) Have pressure distribution including time dosing.
(2) All soil dispersal components using a subsurface dripline
product must be designed to meet the following requirements :
(a) Calculation of the absorption area is based on:
(i) The design flow in WAC 246-272A-0230 (2) ;
(ii) Loading rates that are dependent on the soil type, other
soil and site characteristics, and the spacing of dripline and emit-
ters;
(b) The dripline must be installed a minimum of six inches into
original, undisturbed soil;
(c) Timed dosing; and
(d) Soil dispersal components having daily design flows greater
than one thousand gallons of sewage per day may:
(i) Only be located in soil types 1-5;
(ii) Only be located on slopes of less than thirty percent, or
seventeen decrrees .
(J) All S3AS 3hc11i i )winq requirements :
(a) Tti, =•.,iy not be deeper than three feet
bol^w the f ? r d x.r. dam', except under special conditions approved by
the local health officer. The depth of such system shall not exceed
ten feet from the finished grade;
(b) A minimum of six inches of sidewall must be located in origi-
nal undisturbed soil;
(c) Beds are only designed in soil types 1, 2, 3 or in fine sands
with a width not exceeding ten feet;
(d) Individual laterals greater than one hundred feet in length
must use pressure distribution;
) t. i .d rr r 1 • `i=: Y: ".d t ht 1
...� -' C:il .i )i.J c')V mat.
. -
.. -
(f) Other features shall conform with the "On-site Wastewater
Treatment Systems Manual, " United States Environmental Protection
Agency EPA-625/R-00/008 February 2002 (available upon request to the
department) except where modified by, or in conflict with this section
or local regulations .
(4) For SSAS with drainrock and distribution pipe :
(a) A minimum of two inches of drainrock is required above the
distribution pipe;
(b) The sidewall below the invert of the distribution pipe is lo-
cated in original undisturbed soil .
(5) The local health officer may allow the infiltrative surface
area in a SSAS to include six inches of the SSAS sidewall height when
meeting the required absorption area where total recharge by annual
precipitation and irrigation is less than twelve inches per year.
Certified on 3/27/2024 WAC 246-272A-0234 Page 2