Attachment 15: 2024 04 16 - SWO Letter - Response from J. Becker

RE: Stop Work Order – 12 Vickery Road

I’m going to say something I hope you understand I’m not trying to insult you, ridicule, or make you feel inferior; however, your letter re: Stop Work Order is confusing as to how it applies to 12 Vickery Road.

Let’s start with some of the easy ones:

1. “It is our understanding that you will not be retaining the services of Mr. Buesink to complete your project.”

   Who did you hear this from? I never fired Mark, and as best I know, Mark never quit. Recently Anna and I heard back from the Engineers Geoscientists British Columbia (EGBC) and provided our response to their enquiry. We are continuing to work with the EGBC in trying to address our concerns with Mark.

   We spoke to several engineering firms in Victoria asking for help, they refused to get involved not because of us or our project but because they have had dealings with Mark in the past and they don’t like him. Those recordings will be presented as evidence in court.

   In our February 29th response to your refusal to conduct an inspection of the insulation and vapour barrier, we advised you that we engaged a second engineer, from Lower Mainland, to come up with a solution to our structural problem as Mark’s suggestions to replace the 3 – 6x6 failing posts with the same grade of fir didn’t make sense nor did replacing them with 8x8 post as the concrete hat is not big enough (minimum 3 inches all the way around the post) for that size post.

2. “It clearly states that professionals are required.”

   Yes, the BC Building Code does state this. As stated above under point # 1, I did not fire, nor did Mark quit. So, Mark is still the engineer on record.

3. “Numerous deficiencies”

   I want to be clear, I still have work that needs to be completed before another framing review by the EOR is requested. I’m not going through another framing review until everything is finished. As the remaining work pertains to the downstairs, I asked you for the insulation and vapour barrier inspection, which you refused to conduct on February 28, 2024. Please be advised, Robert Gutierrez’s December 6, 2022, inspection report for framing and plumbing states approved “subject to PEng Report to be sent to officer” and there was no requirement for a re-inspection.

As previously stated, I am confused by your April 15, 2024 letter as Stop Work Orders are issued for:

• Inspection failure
• Violation of building codes
• Hazardous chemicals located onsite
• Infrastructure issues
• Public endangerment
• Not in compliance with zoning ordinances
• Failure to comply with workers’ compensation regulations.

When a Stop Work Order is issued, you cannot ask an owner to stop work on his site as the owner is the only one responsible for fixing any items that are identified in the Stop Work Order. If you look at the land title for 12 Vickery Road, I, John Becker, am the owner of the property and am authorized to be onsite to fix any items that are identified in the Stop Work Order.

Whenever a Stop Work Order is issued on a construction site, there is an increase in construction cost to the project and invariably, blue collar workers will pay the price. Construction workers will be removed from the site and not receive pay. If you issue a Stop Work Order with no just cause, then you are responsible for abusing this process. Thankfully, my site has no trades and therefore your Stop Work Order has no impact on my project.

It would be appreciated if you could clarify why the Stop Work Order has been issued. That is:

1. How have I failed “inspection failure”?

   I stopped my project because of a structural safety issue for almost a year. In that time period, you had every opportunity to inspect my building, you chose not to. When I called for a rain screen inspection, you refused to inspect. When I called for an insulation and vapour barrier inspection, you refused to inspect. In my forty years of construction experience, you are the only building inspector I have ever met who doesn’t inspect buildings, and that makes me wonder why the Town pays your salary.

2. How have I failed violation of building codes?

   I asked you in our meeting with your boss to name one building code I violated, you had no answer. You insisted I made mistakes; I asked you to name one, you could not. You claimed I had deficiencies, I asked you to define the word deficiency, you could not. Your boss had to answer this question for you.

   Anna and I approached the Town’s Building Department for help when it became obvious that Mark had abandoned our project, instead you chose to punish us for something we have no control over.

   Given Mark Buesink is the Engineer on Record, which building code have I violated?

3. How have I failed hazardous chemicals?

4. How have I failed infrastructure issues? You will need to answer this question in court.

5. How have I failed public endangerment?

6. How have I failed not in compliance with zoning infractions?

7. How have I failed to not comply with workers’ compensation regulations?

As I have confirmed that Mark Buesink is my registered professional on record the Stop Order Notice on my site is not required. I expect the Stop Order Notice to be removed by 1:00 p.m., Friday, April 19, 2024, failure to comply with this, I will remove the notice myself and video record the process.

Sincerely,

John Becker 24 Vickery Road Victoria, BC V9B 1M4