21/09/09
Dear Phil,
Thank you for your very brief and unremarkable email, even if it is largely misguided and falsely accusative.
You will note that unlike yours, my emails have substance, they are substantial, factual and come with a genuine offer to provide you with the email evidence.
In reply, and in order:
In my case your writing “sending drawings for ‘my’ comment”, actually included my scrutinising, finding your many mistakes and assisting you to finalise the drawings (specification). This was after you had simply achieved what you could from the original drawings, by visiting the sight 2 or 3 times yourself for various purposes, and by often attempting to relay verbal information to someone else who has never even been here, or knew the situation (Chris).
To suggest that I was constantly adding information “piece meal” (your method) as of 09/06/09 is totally misleading and untrue (see emails).
Your engagement to incorporate ‘my’ design input, as owner and ‘client’, is I believe your most reasonable pursuit, and/or valid use of time. One would not perceive this at all from your recent writing.
Aided by the full set of original drawings which I have supplied you, adding “piece meal” from my and ‘others’ emails is the method that ‘Babbage’, and no one else, had chosen/taken to create and finalise of the drawings and specification.
There may well have been a better method that might have included your, I’m sure ‘highly qualified’ understudy (Chris) actually visiting the sight?, or maybe consulting with me?, etc. etc., and other ‘professional’ methods that would have likely promoted the production of more accurate ‘initial’ drawings. But that was your choice not mine.
There have been obvious learning and/or communication issues at least between Phil and Chris, and authority/communication issues between Chris and I, and getting things right. I have willingly, regularly and necessarily used my own initiative and I have assisted you very much with these issues and many of your oversights (see emails). Please, also refer to J. Dale.
You certainly have never shown any urgency toward, nor even requested the neighbours approval documentation from me (please, re-send this email). This is actually an example of my using my own initiative and sending these, and all of the appropriate documents to you, before you had even requested them. My constant assistance, and my pre-empting you has also been as much about frustration as it has been about your ‘delay’ (please refer to p.12).
Considering the previous paragraph (p.) I have much doubt that you would be able to credibly describe for me how the neighbour who would not sign, held anything up? (please do). It would though be inconsequential. Clearly it is wrong for you to suggest that this ‘one off’ is what “held up” the situation, as you have written. This simply is you trying to avert blame from yourself and on to me, and is similar to Chris’s recent and grasping tactic to avert blame onto the NSCC. Please have some dignity and show some responsibility and professionalism towards ‘Architecture’ as ‘your’ forte.
As said, I am willing to re-send all/any emails to you, these will clearly establish the facts and collectively they prove, ‘without a doubt’ that your stated opinion, regarding having acted in a timely manner is misguided and totally inaccurate. It is primarily Babbage tardiness and your own ‘method’ that turned a 3 week max job into a 3 month plus one, any suggestion that it is my fault is deluded and could not be substantiated (please do). Also these emails might help you better understand the situation, if you cared to read them. (Please advise)
I have tried to not use the word “delay” too much, as it is possible, and it seems, that for some reason you have interpreted this as an ‘intentional malicious act’?. While it may be that you have not purposefully delayed the project, and I am not suggesting that you have, you clearly have wasted much time (see emails)
Maybe I should thank you for having “moved other jobs around” in the office (when you were there) to keep timely responding to “my” requests. But I take exception to this for obvious “my” and already covered reasons. I cannot help but feel genuine pity for your other customers and their time lines if this is correct.
I have never asked or implied that you should book consent application appointments in advance with the NSCC, if you are suggesting that I have please send this email. Though I am not sure that waiting for Mr ……’s electronic deposit to ‘clear’ in your bank account was ever necessary before making the bookings? (example).
I do not accept that you writing “all the time spent”, means that all your time spent, was spent reasonably, productively or on that which should have ever been necessary, but for your own failings. I certainly would refuse to pay or “compensate” you for this time. Would you consider paying me for mine, and the all time you have wasted? (see emails).
Clearly, if it were not for my own assistance, knowledge, input, and time, this ‘process’ would have required at least a far greater commitment from Babbage, else it would have been at this point in time, even more tardy, retarded, and misguided.
Considering your many documented shortcomings and how to date, you have often disregarded me as your ‘client’, plus your recent groundless, objectionable, and defensive reply, I must confess that I find it difficult to believe that you ever wanted to, or would want to assist me and my family to be in the position that we should have been in when the house was finished.
My disbelief (above) is also because of the fact that I have now confronted you regarding your time wastage, though I believe very reasonably so, and I have put to you these obviously uncomfortable, and hard to accept truths, in conveying and confirming this with you.
“But I’m not the enemy”, I have certainly heard this and been taken aback by it before, and from others who likewise I had never considered to be the enemy. Have I somehow indicated to you that you are my enemy?, this certainly has not been my intention. I am sure that this is not a veiled threat. Maybe you are just not familiar with someone in my position standing up to you?. Please explain.
Or are you indeed indicating that there is no room for conciliation ie. That I should put up with it, or else we will be enemies? Please advise.
It is futile and foolish of you to try and continue ‘up’ denial river, whilst history and the weight of evidence pushes you ‘down’. Phil, you are drowning here!
It is clear that you have painstakingly and excessively relied on me, and my essential need for accuracy, to enable you to eventually produce accurate drawings and specification. The bulk of my “piece meal” (as you say) emails have more addressed your “constant changing”, uninformed, unnecessary, or invalid mistakes and omissions, rather than being emails representing my own very necessary, fundamental and valid ‘Design’ input, which by the way was not “constantly changing” at all (an example or two would help). My inclusion in the process regarding ‘ design’ never meant that I am became an unpaid Babbage employee.
Your drawn out, ‘part-time’ (refer PS.) and superficial attendance to these matters is what has driven and necessitated my extensive emailing of you, and has also forced an incessant need for me to consult with Stephen (Barrister).
If you wish to settle our issues amicably as I do, you will need to talk with me regarding any monies or potential “compensation’ that you believe I might owe to Babbage, and be reasonable and accepting your shortcomings. I am also requesting that you disclose your fee arrangements and any deals (understanding) you have made with Mr ……, including any potential short fall in what he is prepared to pay to you. Thank you.
Regards
Anthony
PS. ‘Part-time’ (above) meaning Phil is not in the office, Phil is in court, Phil is on holiday, etc. Phil is often unavailable (please refer to emails). Clearly, Chris is yet to be a proficient substitute (refer J. Dale).
PS. Please respond to my offer to start/stop re-sending you the email history.
PS. Please refer to Stephen 04/09/09 email confirming my legal opinion regarding ‘your’ time waste.
PS. Please by all means convey this to your accounts and legal departments.