Barbara Ann Tudyman - Page 9

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          observed that the first and second floors of petitioner’s home                
          were not level.                                                               
               In 1990, petitioner hired Jack Santangelo (Santangelo) to                
          install marble tile in the entryway, master bathroom, fireplace,              
          upstairs bathroom vanity, bar in the den, and dining room, and on             
          the stairs from the living room to the dining room.  He leveled               
          the floors where he installed new tile.  The marble tile he                   
          installed cost a few hundred dollars more than the tile that was              
          there previously.  The only areas that are level are those that               
          Santangelo leveled:  The entryway, the dining room, the stairs                
          to the living room and den, the downstairs half bath, and the                 
          upstairs second bath and master bath.                                         
               Halpin and Lewis recommended that petitioner’s unit be                   
          jacked up to level the floors.  Halpin also recommended that the              
          roof be renailed to prevent stress in the roof line.  However,                
          jacking up the building could cause several problems and might                
          not result in restoring petitioner’s home to its pre-earthquake               
          condition.  Jacking up the middle unit could damage the                       
          connections at the party walls and at the roof line.  Jacking up              
          the building would force the plumb components (such as the second             
          floor walls) out of plumb.  Finally, jacking up the unit would                
          put the part of the first floor that Santangelo had already                   
          leveled out of level.  Petitioner wanted a guaranty that the work             
          would not damage her marble tile.  The Homeowners' Association                
          would not make that guaranty.                                                 

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