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Sunday, June 14, 2009

The Devil Is in The Details

Posted by Dominic Holden on Sun, Jun 14, 2009 at 2:08 PM

Daphne Tomchak, 56, knew that letting a film crew use her house on the edge of the arboretum through July would be a drag. But the sacrifice would reap a huge reward—or so she thought. Producers of The Details, a dark comedy starring James McAvoy, offered her a contract in May that would allow them to tear out walls to convert two bedrooms into one large room; in exchange, crews would restore the house to her liking. “They were going to install French doors in the back and a new garden,” she says. Crews would also redesign the rear bedroom, install new walls, and refinish the floors.

But on the afternoon of June 3—after the 1914 Craftsman house was gutted—crews called Tomchack. “They said, ‘You need to come home right away; we lost our funding so we are pulling out.’”

In the place where they agreed to install French doors, “It is just a dirty wall,” says Tomchak. Some of the walls are stripped to their structural elements, and holes are in the floor in the place where heat ducts used to be. In one room, she says, “the plumbing is exposed, but you can’t see it very well because the power is out in that room.”

Here are two pictures:

4564/1245013065-tomchak2.jpg

The Details, which was due out next year, is about “a couple whose disagreements over how to deal with their raccoon infestation leads to an escalating series of events,” according to IMDb. “It’s the worst movie script I have ever read,” Tomchak says.

5c6c/1245016032-tomchak1.jpgThe film's producers had initially instructed Tomchak to use $13,000 that they gave her for temporary lodging to renovate her house. But Tomchak, an architect, says restoring her house would cost at least $25,000. Anything else, she says, they told her to pay for herself. “They said to send them a bill and they would add it to their pile.”

But she can’t get any more information. “They are not talking to me,” Tomchak says. Calls from The Stranger to the location manager, Doug du Mas, have gone unanswered. And attempts to reach the film's producer, Jennifer Roth, President of the Northwest Film Forum, have also been unsuccessful.

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Comments (25) RSS

Oldest First Unregistered On Registered On Add a comment
1
Damn.
Posted by ruach on June 14, 2009 at 2:40 PM
Billy in 4C 2
Get Jesse.
Posted by Billy in 4C on June 14, 2009 at 2:47 PM
Fnarf 3
Sue, sue, sue. Take them for everything they have.
Posted by Fnarf http://www.facebook.com/fnarf on June 14, 2009 at 2:56 PM
Shini 4
Sounds like Breach of Contract, if they actually had a contract signed.

But it boggles my mind that anyone would allow a studio to come in and gut the house. Why?
Posted by Shini on June 14, 2009 at 3:03 PM
COMTE 5
That might be difficult, Fnarf. According to the article in this morning's "Times", she signed a contract that apparently gives the production company a mile-wide loophole, allowing them to "temporarily" suspend production for a variety of reasons, including presumably a suddenly loss of financing for the film, which appears to be the reason for the shut-down.

She might be able to fight it out in court, but that would end up costing her thousands, if not tens of thousands of dollars in legal fees, and of course there's no guarantee she'd win the case, which could drag out for years.

Unless the producers eventually get their film refinanced, or, do the right thing and somehow cough up the money to at least restore her home to something resembling its original condition, it would seems she's basically screwed.
Posted by COMTE http://www.chriscomte.com on June 14, 2009 at 3:05 PM
Super Jesse 6
did someone mention jesse?
Posted by Super Jesse http://www.jessevohs.com/ on June 14, 2009 at 3:13 PM
7
Now it's going to be harder than ever to have a decent movie made in Seattle. If this is the way Hollywood movie investors behave, why in the world should we support them?
Posted by Jake on June 14, 2009 at 3:17 PM
Simac 8
You really need to have contractual provisions that anticipate funding problems like this. It would have been so easy for her lawyer to protect her by adding just a clause or two.

Also, the estimated costs to repair/renovate should have been paid into an escrow account in advance, and subject to disbursal under those contract terms.

Now she's going to have to sue to get anything.
Posted by Simac on June 14, 2009 at 3:18 PM
Shini 9
And reading this again at from what COMTE has given us.

Ye gods - Who in their right mind would've agreed to that, especially in this environment, and especially from a nobody production.

Though that they're not returning her calls at all raises quite a bit of suspicion.
Posted by Shini on June 14, 2009 at 3:20 PM
10
My my the commenters are sooo negative. The suit will win. The clause allowing temp. syuspension does not justify shut down and walk away, duh, and do you think a Seattle jury is going to let them claim that? Lots of lawyers will take this on contingency. "and of course there's no guarantee she'd win the case, which could drag out for years." Ha, ha ha ha ha she's a gonna win, mate! 4. "Unless the producers eventually get their film refinanced, or, do the right thing and somehow cough up the money to at least restore her home to something resembling its original condition, it would seems she's basically screwed." Um, but to NOT be screwed, she gotta sue.

Y'all don't get it. As long as she has her lawsuit hanging out there, seeking oh, say $3 million for cost of repair and emotional distress damages, the film company cannot get refinancing. Their lenders will tell them to resovle the suit first. So they will freak out. so they will settle with her for about $50K or $150K and pay it out of the next round of financing.

She basically has them by the balls, but she has to sue to have that grip.

My god, the loser thinking is so prevalent, get a clue please.

That will be $450 & late payments beyond 30 days accrue interest at 1% a month.
Posted by PC on June 14, 2009 at 4:22 PM
11
@2 and 6 -- Seriously, I'd love to see Jesse go after them.
Posted by Nic in Greenlake on June 14, 2009 at 4:42 PM
12
i don't think roth was the "producer" in the past she has mainly held the title of "production manager" which just means she manages the daily goings on of the film.

Also, from what local film people said, this film's investors were finance people from NY. Ummmm..... wonder why they don't have any money?!?!?! She could try to sue, but if there's nothing to take... it's a waste of time.

Posted by seattle film buffer on June 14, 2009 at 5:12 PM
13
i don't think they have any money to sue for. they even say, go ahead, we'll lay it on our stack. basically, they went broke, and this was one of the negatives.
Posted by in-frequent on June 14, 2009 at 6:06 PM
14
I agree. Jesse would bust some skulls. Problem solved.
Posted by Mr T on June 14, 2009 at 7:23 PM
15
I agree. Jesse would bust some skulls. Problem solved.
Posted by Mr T on June 14, 2009 at 7:23 PM
16
Wow, a free remodel and $13,000 to live at the Four Seasons for three months? She signed a bad contract without running it by a lawyer because she's GREEDY. Maybe she should sue. At the most, she's gonna own 10% of the rights to the "worst screenplay she's ever read" (ask Terry Gilliam's Don Quixote investors)- which no investors are going to touch. She made a bad deal and it didn't pan out. Tough shit.
Posted by Farts Weird on June 14, 2009 at 7:50 PM
Aislinn 17
I HATE JESSE. Please do not call Jesse. Most ridiculous way to say his own name ever. The first time I saw him on TV I thought it was a joke.
Posted by Aislinn on June 14, 2009 at 7:59 PM
18
Jesse.

Get Jesse.

The Jesse from TV, get him.
Posted by doceb on June 14, 2009 at 9:21 PM
19
Get Christie Love!
Posted by gloomy gus on June 14, 2009 at 9:48 PM
You_Gotta_Be_Kidding_Me 20
I hope she has a iron clad contract wherein she is a secured debtor. In bankruptcy unsecured debtors are way at the back of the line... (and get bupkis).
Posted by You_Gotta_Be_Kidding_Me on June 15, 2009 at 1:39 AM
michael strangeways 21
odd...I spoke to Jennifer Roth three weeks ago and this movie seemed like a done deal...Laura Linney (swoon) was going to be in it, too.

but the plot DID sound inane...more like a late '80s Tom Hanks comedy...maybe with Shelly Long or Daryl Hannah.
Posted by michael strangeways http://strangewayssideshow.blogspot.com/ on June 15, 2009 at 9:36 AM
22
How many movie scripts has this woman read? Most of them seem stupid on paper, from what I've seen. It's the talent of the people working on the project who raise the material above mediocrity.
Posted by Miss M on June 15, 2009 at 10:24 AM
Geni 23
The lesson here, folks, is make sure anyone doing any kind of modifications on your home is bonded, just as one would do with a contractor. The film production company should have purchased a completion bond of some sort, which she and other creditors could attach.
Posted by Geni on June 15, 2009 at 12:07 PM
24
What all of you aren't privy to are the BEFORE pictures of her home. Many of the rooms were to the studs which is why they selected her house because it was essentially a shell. She is an unemployed miserable person and she thought (and still does) that this is her golden egg. She wasn't housesitting for a friend because she had to move out of the house, she was doing it for money. She also didn't pay her friend to move her stuff to the basement, the homeless guy that lives with her did it. What was her daughters room that the news portrays as a demolished wreck, was empty before the movie because her daughter doesn't live with her (read the police reports). This woman has a long-time history of suing people and is a master at making people feel sorry for her and this is just another one of her attempts to make money. The media coverage is a joke and purely one-sided. There is much more to this story than what the media is feeding you. Do your homework people.
Posted by PeaceOut on June 15, 2009 at 7:18 PM
25
Who are you Peace Out? You sound like an outsider looking in..perhaps, too close for comfort. A creepy neighbor with a history of serious issues. The kid's room was not down to the studs. It was recently redone and was looking good. The living and dining rooms were recently redone as well.
If you had actually ever been in the house you would know this.
The "homeless" guy you speak is a friend and a friend of mine. We helped move her stuff because the production moving folks never showed up and Daphne was told the furniture needed to be gone by the following Monday for construction to continue. Daphne did everything she could to accommodate these people and keep costs down by pitching in. She was excited about having her house the stage for "The Details". The money was for finding alternative accommodations because the bathroom and main floor was going to be unusable. Movie crew? Lights? Equipment? Having your house torn apart and then abandoned with breach of contract is no friggin' picnic. Now she has to put her house back together using the 13K. Wow! Sounds super fun. F-off!
Posted by parle-vous? on June 21, 2009 at 7:03 PM

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