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presented a chronology of what had happened since April 14, 1992 when they sign.ed their coutract up until the time tliat the notice of tonight's meeting was received. He stated that the chronology indicates, and, if necessary, Mr. Simmons testimony will indicate, that Mr. Fox moved into the home in October, 1992 (around Halloween) and the occupancy permit was not issued until April of 1993 at which time the lender also inspected the property and authorized the release of the retention deposit that had been held. Certain problems listed on a punch list had beeu brought to Mr. Simmons' attention and he attempted to deal with those problems. In June of 1993, Mr. Fox sent a letter to Mr. Simmons pointing out what he considered to be a number of problems with the home. Mr. Simmons responded to the letter indicating that he would correct tkose problems. In October of 1993 the letter from Mr. Conway was received indicating that there were S violations. Both Mr. Fox and Mr. Simmons were represented by counsel at that time. Although it did take some time to arrange a meeting, he met with Mr. Simmons, Mr. Fox and Mr. Haines, 1VIr. Fox's attorney, on the premises on November 22, 1993 and had a complete walk through of tlie home making detailed lists of all the problems Mr. Fox had identified. As a result of that meeting, Mr. Haines sent a letter (also in the packet), in which he noted that the city had sent a letter noting 4 or 4-1/2 violations in October, Mr. Haines' letter noted 22 items to be corrected. He responded December 22, 1993 after conferring with Mr. Simmons, in that response, Mr. Simmous agreed to correct 20 of the 22 of the alleged problems. Mr. Simmons agreed to correct the 5 code violations, the 5 items which he considered to be warranty matters (brought to his attention within one year after the completion of construction, and 10 of the other 12 items remaining. He did not agree to correct 2 items which he did not consider to be u.nder the warranty because they were not brought to his attention within the year allowed, one was a problem with dampness in a basement wall and one was in the cold room which he felt had been adequately conected. Since that letter, neither he nor Mr. Simmons had received any response. Mr. Simmons was never given any indication of when he could go into the home to correct the code violations. In February of this year, Mr. Fox' filed suite in Common Pleas Court against both Mr. Simmons and the City of North Olmsted. The court has stayed the action pending arbitration, since there is an arbitration clause in the contract. Mr. Simmons' position is that at all times, he has been willing correct the code violations, he does not challenge the code violations, but he has not had the opportunity to access the property to correct them. He believed that Mr. Simmons has acted in good faith and it would not be appropriate to suspend his license while litigation is pending. He is still williug to enter the properiy and conect the violations at any time. In response to Mr. Burk's question, Mr. Simmons stated that the work on this house was done by both Mr. Simmon's own employees as well as subcontractors. He further responded that the work where the violations occurred were both subcontracted and his own people; but his subcontractors were licensed in the city and did take out permits. One subcontractor was Pioneer Heating, the others worked for him under his contract. There was no date set for the arbitration. In response to Mr. Engoglia's questions, Mr. Simmons stated that the law suite was filed by the Foxes in February, and that he did not correct the violations cited in the October letter from the city, because the Foxes were in possession of the home, and they could not get access to go into the home to make the corrections. The members had no other questions of Mr. Duffy, or Mr. Simmons. Mr. Fox was asked to make a statement. He stated that at the end of October, 1992, Mr. Simmons was behind schedule and the house was not completed, Mr. Simmons told them that the house was completed enough so that he they could move in but that he was going on a hunting trip which he had postponed twice previously. He also told them that the city had stated that they could move in 5