FINAL Demand letter to Lowes 6-2-14.pdfLaw Office of Shaun Watchie Perry
Q9Real Estate and Business Law
June 2, 2014
Lowe's Corporate Headquarters
Attention Legal Department
1000 Lowes Blvd.
Mooresville, NC, 28117
VIA FIRST CLASS MAIL
Lowes Home Improvements Store
ATTN: Bob Anderson, Manager
3100 96th Street
Lynwood, WA 98036
VIA FIRST CLASS MAIL
Re: Linda Olds Fence
Dear Legal Department and Mr. Anderson:
I represent Ms. Linda Olds, who has reached out to me to regarding the breach of her contract with Lowes.
In October 2013, Lowes entered into a contract with Ms. Olds, to build a fence around her property. The
price she paid was approximately $7000. Lowes was responsible under the contract to procure all necessary
permits or other legal permissions. See attached copy of contract.
Lowe's agent proceeded to build the fence, but did not obtain the necessary permits, unbeknownst to my
client. Apparently someone complained about the height of the fence, and Lowe's agent, again, unbeknownst to my
client, began negotiations with the City of Edmonds - - which negotiations failed. Apparently, the agent of Lowes
has "disappeared" and quit retuning phone calls to the Edmonds enforcement inspector. The first time my client
realized how serious this situation is and the severity of her position was on April 2, 2014, when the City of
Edmonds tacked a notice (enclosed) on her fence, threatening to fine her if she did not remove the fence. She had
previously tried to work something out on her own with the local Lowes but to no avail and is frustrated that she
never received a response from the attached email to corporate Lowes. I have been retained to prevent my client
being fined and require Lowes to cure its breach of the contract by correcting the fence design satisfactory to both
my client and the city of Edmonds.
There are two issues with this fence, as the northwest section of the fence is considered a sight hazard as
well as that portion of the fence that runs parallel to the driveway. In addition, a portion of the fence encroaches
onto the right of way, and will require an encroachment permit. The city is requiring a revised drawing which shows
a redesign to correct the site impairment and to comply with the ordinances on fences (enclosed).
1325 Fourth Avenue, Suite 940 Seattle, WA 98101-2509 . Tel: (206) 729-7442 Fax: (206) 260-1411 . www.swp-law.com info@swp-law.com
Letter to Corporate Legal and to Mr. Anderson of Lowes]
Dated 6/2/2014
Page 2 of 2
Demand is made for Lowes to correct this issue at its own cost. My client expects to be reimbursed for all
her out of pocket expenses, including her attorney's fees and the costs of a survey, (enclosed) as well as pay for
all costs of procuring the updated permit and encroachment permit and correcting the fence design.
My client is willing to have a portion of the fence lowered (stepped up to 6 feet) at the northwest corner as
well as have a portion of the fence set back a few feet near the driveway — however, this redesign must first be
approved not only by my client but by the City of Edmonds, and permits acquired. We are demanding that Lowes
produce a design that is satisfactory to my client as well as to the City of Edmonds no later than June 16, 2014. If
Lowes fails to respond, we will exercise all rights and remedies available to Ms. Olds under Washington Law,
including self-help to remedy this problem on her own.
I expect someone with authority on behalf of Lowe's to contact me immediately to discuss resolution of this
matter. I can be reached at 206-729-7442.
Thank you for your immediate attention to this matter.
Sincerely,
Shaun Watchie Perry
Attorney at Law
Enclosures: Lowes Contract; Notice of Violation; Email to CEO; Applicable Ordinances; Copy of Survey
cc: Client via email only;
This, Mike 0ike.Thies(a edmondswa.go, via email only;
Rivera, Chris Chris. Rivera(a)edmondswa . via email only;