Overall

BGC last day

First Draw Request (Joint 2)

Contract Signed (Joint 1)

Preliminary Foundation Letter Invoice Paid by Owner $450

Contract signed (Joint 1)

Loan closing -Funds available

First Draw Request (Joint 2)

Tenant Removed Deadline later adjusted

BCG at permit office "finding out what to do" (Claimant X)

Owner makes first request to get approval on extra charges (Claimant X)

BCG suggest moving the plumbing for a different layout (Claimant X)

Gabriel specs 36" sink clearance (Claimant X)

Owner realizes different dimensions of units, requires flipping unit layouts $4100 change order PAID

Owner provides plans for permitting purposes only First draft

1st electrical changes Pre-existing already ripped out prior to notification (Claimant X) Pre-existing outlet configuration unknown Shows lack of knowledge of codes to not include in bid Breach contract clause 1

BGC provides new layout (Joint X)

BGC pushes new layout with digital drawings (Claimant X)

BCG requests final plans for permitting purposes

Owner provides requested plans for permitting purposes

BCG emails change order $23,000 1st notification of changes to Owner (Joint X)

Owner requests schedule

Drywall Inspection BCG states: Sceduled for Oct 13

Drywall Inspection After Oct 13 deadline passed BCG states: Inspection pushed to Oct 17

Drywall Inspection Passed No notification or reason for 1 week delay provided

Cabinet Installation BCG states: Scheduled for Oct 19

Cabinet Installation After Oct 19 deadline passed BCG states: Install pushed to Oct 31 No timely notification or reason provided for 12 day delay

Tile BCG requests tile samples BCG states tile work to begin following week (Claimant X)

Tile Owner request date to meet over tile to discuss samples and placement so that tile orders can be made

Tile BCG does not respond to Owner

Tile Owner goes to site to ask about tile guy to provide information

Tile BCG responds "Why are you trying to talk to my tile guy?" "You are stepping on my toes." "I am the one at risk"

Tile Owner provides tile ordering information Owner provides full diagrams to be provided to tile guy via BCG Owner states: BCG has until 12 pm following day to place order for timely arrival of material (Claimant X)

Tile Allen Weiss states: BCG does not understand tile order BCG therefore did not make the order

On site meeting to review concerns (Claimant X)

Tile Owner makes purchase $785

Tile Owner request submittal of special application tile/grout to CMU walls

Tile Owner 2nd and 3rd request for submittal (Claimant X)

Tile BCG provides submittal

On site meeting

Concrete overlay Lighting Fixtures Owner requests submittal

Owners states: "Be sure to call before any application is made to the floor" (test 3)

Owner states: "You need written prior approval to any new cost" (text 3)

Owner requests schedule

BCG changes to flat sheetrock Change without owner knowledge No cost provided

Countertops BCG states" Ready for countertop templating Vanities not installed but will be

Countertops Templates cannot be taken BCG error needing immediate attention BCG leaves the site and does not return

Countertop Original install date

Countertops Installed 33 day delay BCG error $1780

Tile BCG states: Tile guy will be by later this day No show (text 3)

Tile BCG states: Tile guy will be by on this day (text 3)

Owner spends several days trying to help BCG on how to install cabinets

BCG asks about missing panels for cabinets All parts a present BCG not aware on how to install cabinets BCG never installs these particular cabinets $120

Tile Owner requests status of approval of tile order BCG does not respond

Tile Allen Wiess verbal to owner Tile will work per converstation will BCG

Tile BCG states: Tile will not work 40 days since after receiving the order and diagrams BCG waits until work underway to determine constructability

BCG provides "schedule" (Claimant X)

BCG undermines security request (Claimant X)

Owner requests submittals 2 of 3 never submitted (Claimant 11-07-16 irreverance)

Owner states: "Change order...needs approval prior to work performed" (Claimant X)

Some event happened

Drywall Inspection BGC states: Inspection scheduled for Oct 13 (Claimant 1.21)

Drywall Inspection AFTER deadline passed BGC notifies deadline missed Inspection pushed to Oct 17 No timely notification or reason for delay (Cliamant 1.22)

Drywall Inspection BGC states: Inspection passed No reason for 1 week delay (Claimant 1.23)

Cabinet Install BGC states: Scheduled for Oct 19 (Claimant 1.21)

Cabinet Install AFTER deadline passed BGC states: Pushed to Oct 31st No timely notification or reason for 12 day delay (Claimant 1.23)

Owner pays $450 Preliminary foundation letter (Claimant 33)

Loans closes -Funds available

BGC states: At permit office "gathering information" (Claimant 1.9)

BGC states: Extra charge prior to approval "Called architect..Will be extra cost" (Claimant 37.5)

Owner First request to get approval prior to additional cost (Claimant 1.8)

BGC states: Owner/BGC draft permit plans together (Claimant 37.5)

BGC initiates changes to the bidded floor plan Floor plan needed in 2-3 weeks (Claimant 37.5)

BGC states: Sink clearance 36" (Claimant 1.10)

Owner notifies falsified charges in draw request #4 Will not approve (Claimant 11-28 Allen)

Allen Wiess express displease (Claimant 11-21 Allen)

Owner requests avoiding environmental mess (Claimant 1.24)

Owner provides 1st draft plans for permitting purposes

BGC provides 1st list of work order changes Electrical due to contractor oversight during bidding (Claimant 1.12)

BGC provides heights for window egress and house measurements (Claimant 1.11)

BGC further layout changes Provides floor plan drawing (Claimant 1.13)

Duplex Units A & B determined not of equal floor plans Requires flipping units $4100 PAID for 20 LF of wall (Claimant 44)

Owner provides draft drawings for lender approval of layout (Claimant 1.5)

Owner provides final drawings for purposes of lender approval of layout (Claimant 1.6)

BGC further layout changes Provides IKEA floor plan drawing (Claimant 1.14)

BGC states: Owner drawn plans for permitting purposes "look great" (Joint 63, pg. 2)

BGC emails $23,669.32 Change order States: "Will send change order prior to work starting" AND "Plumbing and electrical have ALREADY STARTED" and "changes...to be paid in advance 70%" (Claimant 1.16)

Owner requests meeting to discuss $23,699.32. Allen Wiess verbally states he was unaware entire electrical was ripped out until now

Owner request schedule from BGC to contractually extend with lender (Claimant 1.17)

BGC provides Oct 19 as new DEADLINE (Claimant 1.17)

Original Deadline Sept 4 Extended 45 days (Joint x.5)

Deadline Allen Weiss has requested deadline change several times [from BGC] (Claimant 1.17)

DEADLINE MISSED

Owner requests projected schedule until completion (Joint 56, p.1)

BGC provides loose schedule and loose deadline of Nov 15th Nov 15th is blatantly unrealistic (Joint 56 p.2)

Tile BGC requests tile samples Tile guy will start following week on Bathrooms (Joint 56, p.1)

Owner requests BGC provided loose schedule be extended to completion (Joint 56, p.2)

Owner requests product submittal Thin coat concrete (Joint 56, p.2)

Owner states: "Be sure to call me before any application is made to the floor" (Joint 50)

DEADLINE MISSED

DEADLINE MISSED No inspection ordered as stated

Tile Owner requests How to provided tile samples/placement BGC no repsonse (Claimant 1.24)

Tile Owner requests Discussion over tile with whomever BGC no response (Claimant 10-31 Amber)

Tile Owner on site Asks for tile guy schedule how Owner to provide samples BGC responds: "Why are you trying to talk to my tile guy?" "You're stepping on my toes?"

Tile Owner provides tile quantities and order number to BGC since BGC uncooperative. Provides cut-off time for order for timely delivery. (Claimant 11-02 Amber)

Tile BGC did not make order because BGC was confused Allen Weiss makes owner aware BGC did not contact Owner to inquire and resolve (Claimant Tile Purchase)

Owner request Communication from BGC for any matter that is not clear (Claimant 11-03 Allen)

Tile Owner requests Product submittal Special tile/grout application to CMU wall (Claimant 17)

Tile Owner 2nd and 3rd request Tile submittal (Claimant 11-21 2nd & 3rd)

FInal Electric Inspection Failed COA terminates inspection due to type of failures (Claimant 1.2)

2nd Final Electric Inspection Failed for basic tasks (Claimant 1.24 form 830)

Electrical Jackpot Electric returns

Electrical Final Inspection not ordered BGC orders "cease and desist" to Jackpot who does not return

Electrical Owner attempts to reach Jackpot Electric No response (Claimant 28)

Electric Owner hires Dunman Electric Time and Materials $3,862.5 New permit applications to COA (Claimant 28)

Electric COA permit approved (Claimant 28)

Electric Final Electric passed 25 day delay lost rental income $1,349.18 (Claimant 28)

Electric Jackpot Electric returns after BGC relieved States intent to re-order final inspection for Dec 29

Final Mechanical Inspection Failed BGC not aware of how to order inspections (Claimant 1.25 form 840)

Owner states BGC must make owner aware of addt'l cost prior to work performed (Claimant 11-21 2 request)

Owner states BGC "must get written prior approval" to addt'l cost (Claimant 11-21 request)

Deadline extended to Dec 19

Jackpot Electric Harasses Dunman Electric Threatens to cancel inspection ordered for Jan 23 (Claimant 28)

Countertops Template scheduled for this day BGC still has to square up walls for vanities BGC states: "ready" (Joint text3, p. 42) BGC made error in cabinet install which template is taken from BGC states error was made due to "not paying attention" Template tech expressed need to fix error to perform templating BGC left the site knowing need for remedy of the error "to get clothes" (Joint text3, p.43) BGC never returned to the site

Countertops Missed Installation day due to measurements incorrect BGC error

Countertops Standard turn around time for template measurments Confirmed incorrect due to BGC errorr Re-templating needed (Claimant 1st set count)

Countertops Owner provides correct measurements Too much variance Re-template required (Claimant 1st set owner)

BGC requests draw #4 approved "Subs must be paid by Thursday" Stops work until approved Falsified draw amounts (Claimant 11-21 unapproved)

BGC submits draw request #4 Falsified requests (Joint draw #4)

On site meeting Allen Weiss instructs Owner to approve Draw request #4 despite inaccuracies BGC resumes work BGC submitts tile application 15 days after request 40 days after Oct 19 deadline

Countertops installed 30 day delay lost rental income $1,780.90 (Joint text3, p.52)

Owner requests Final Invoice

Countertops Revised template measurements provided by Countersource Install Scheduled

BGC hires attorney Attorney sends demand letter without invoice (Joint 10, p.1-3)

Owner responds Provides response to Counsel Addresses each claim in the demand letter Requests invoice (Joint 10.1, p.4-13)

Owner repsonds Again requests invoice (Joint 10.1, p.17)

Owner responds Requests invoice (Joint 10, p.44)

Lender provides method of payment to Counsel Must submit invoice (Joint 10.1, p.53)

Owner responds Sends BGC's counsel evidentary documents to address BGC's claims Hoping to initiate settlement discussions (Joint 10, p.25-30)

Counsel Eaton states: "on same page" needing an invoice will respond to owner after talking with BGC (Joint 10.1, p.18)

Owner requests to have parts returned that BGC possesses Owner requests BGC retracts "cease and decist" given to Jackpot Electric (Joint 10.1, p.19)

Owner and Counsel Eaton telephone conversation Counsel requests to have BGC return to finish the job (Joint 10.1) Owner states BGC must pay all damages Counsel denies

Counsel patronizes Owner about needing counsel No invoice or information helpful for resolution (Joint 10, p.14)

Counsel again patronizes Owner about needing counsel No helpful communication towards resolution (Joint 10, p.20)

BGC through Counsel Eaton emails photograph of faucet in BGC's possession that is paid for by owner (Joint 10, p.36-37) $143

BGC's Counsel Kelly threatens criminal charges and to urge Travis Co. DA to pursue criminal charges on Owner. Implies making employer aware of criminal charges. No information to progress resolution (Joint 10, p.43)

Counsel Eaton again patronizes Owner No information to progress resolution (Joint 10, p.48)

Owner responds Requests invoice Gives firm warning to stop harrasment (Joint 10.1, p.49)

Counsel Eaton blames on lender not responding despite owners consistent request for invoice and BGC's knowledge of pay request process (Joint 10.1, p.51)

Counsel Kelly again asserts demand without an invoice or information for progress to resolution (Joint 10.1

COA Certificate of Compliance issued

BGC files Notice of Mechanic's Lien (NOML) with Travis County Court NO INVOICE PROVIDED TO OWNER YET

Owner receives NOML First time receiving invoice Invoice contains falsified charges

Owner hand delivers document to Counsel Kelly in hopes to start settlement discussion

Counsel Kelly states: Best step to schedule meeting for followin week to go "line by line"

Owner email Counsel Kelly availability

Owner files for arbitration $750

Owner pays hearing fee $625

BGC files suit for foreclosure Never once taking opportunity for settlement discussion

Owner receives suit 3 days after suit filed Less than 24 hours before teleconference with arbitrator

Owner requests approval before any changes (Claimant 1.18)

Tile BGC States Tile guy to be on site to discuss No show

Tile Owner requests To be notified of results of discussion No response from BGC

Tile Allen Weiss informs Owner tile will work per BGC

Tile BGC states tile will not work BGC had 40 days to review tile for correctness 53 days passed his first deadline Bad Practice, waits until last minute to verify materials

Motion to Compel Arbitration Hearing Granted

Arbitration Teleconference

Owner requests again BGC provided loose schedule be extended to completion (Joint 56, p.4)

BGC states He "is to provide a minimum" (Joint 88, p.1)

Owner requests product submittal again (Joint 56, p.5)

Owner provides final draft plans for permitting purposes (overlays layout per request of BGC, provides next day) (Joint 63)

Allen Weiss threatens to stop the whole project (Claimant 1.18)

Tenant Caused Delay Foundation work

Discussion of cedar siding - Less exterior paint to offset cost (Claimant X)

Entire electrical system ripped out, exact date unknown. BCG unauthorized

Noticable pause in work progress

Delay due to tenant - Deadline later adjusted

Entire electrical system ripped out. Exact date unknown. BGC unauthorized. $5,774.5 (Claimant 36)

Discussion of cedar siding. Less exterior paint on brick to offset cost. Cedar siding never installed. Brick left not painted. (Claimant 9.1)

3 week no progress

Weekend

Electric Dunman Electric on site

Owner prepares 200 page document of photos evidencing dispute

Kelly is unable to be reached to scheduled

Owner allows another week for Counsel Kelly to respond No response

No particpation by Counsel to provide availability

No communication from BGC and Counsel

Autoren

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