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BGC last dayFirst Draw Request
(Joint 2)Contract Signed
(Joint 1)Preliminary Foundation Letter
Invoice Paid by Owner $450Contract signed
(Joint 1)Loan closing
-Funds availableFirst Draw Request
(Joint 2)Tenant Removed
Deadline later adjustedBCG 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
PAIDOwner provides plans for
permitting purposes only
First draft1st 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 1BGC provides new layout
(Joint X)BGC pushes new layout with digital drawings
(Claimant X)BCG requests final plans
for permitting purposesOwner provides requested plans
for permitting purposesBCG emails change order $23,000
1st notification of changes to Owner
(Joint X)Owner requests scheduleDrywall Inspection
BCG states:
Sceduled for Oct 13Drywall Inspection
After Oct 13 deadline passed
BCG states:
Inspection pushed to Oct 17Drywall Inspection
Passed
No notification or reason
for 1 week delay providedCabinet Installation
BCG states:
Scheduled for Oct 19Cabinet Installation
After Oct 19 deadline passed
BCG states:
Install pushed to Oct 31
No timely notification or reason provided
for 12 day delayTile
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 madeTile
BCG does not respond to OwnerTile
Owner goes to site to ask about tile guy
to provide informationTile
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 orderOn site meeting
to review concerns
(Claimant X)Tile
Owner makes purchase $785Tile
Owner request submittal of special application
tile/grout to CMU wallsTile
Owner 2nd and 3rd request
for submittal
(Claimant X)Tile
BCG provides submittalOn site meetingConcrete overlay
Lighting Fixtures
Owner requests submittalOwners 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 scheduleBCG changes to flat sheetrock
Change without owner knowledge
No cost providedCountertops
BCG states"
Ready for countertop templating
Vanities not installed but will beCountertops
Templates cannot be taken
BCG error needing immediate attention
BCG leaves the site and does not returnCountertop
Original install dateCountertops
Installed
33 day delay
BCG error $1780Tile
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 cabinetsBCG asks about missing panels for cabinets
All parts a present
BCG not aware on how to install cabinets
BCG never installs these particular cabinets
$120Tile
Owner requests status of approval of tile order
BCG does not respondTile
Allen Wiess verbal to owner
Tile will work per converstation will BCGTile
BCG states:
Tile will not work
40 days since after receiving the order and diagrams
BCG waits until work underway to determine constructabilityBCG 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
happenedDrywall 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 availableBGC 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
purposesBGC 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 nowOwner 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 MISSEDOwner 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 MISSEDDEADLINE MISSED
No inspection ordered as statedTile
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 returnsElectrical
Final Inspection not ordered
BGC orders "cease and desist" to
Jackpot who does not returnElectrical
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 29Final 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 19Jackpot 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 siteCountertops
Missed Installation day
due to measurements incorrect
BGC errorCountertops
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 deadlineCountertops installed
30 day delay lost rental income $1,780.90
(Joint text3, p.52)Owner requests
Final InvoiceCountertops
Revised template measurements
provided by Countersource
Install ScheduledBGC 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 deniesCounsel 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) $143BGC'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 10.1COA Certificate of Compliance issuedBGC files Notice of Mechanic's Lien (NOML)
with Travis County Court
NO INVOICE PROVIDED TO OWNER YETOwner receives NOML
First time receiving invoice
Invoice contains falsified chargesOwner hand delivers document to Counsel Kelly
in hopes to start settlement discussionCounsel Kelly states:
Best step to schedule meeting for followin week
to go "line by line"Owner email Counsel Kelly availabilityOwner files for arbitration
$750Owner pays hearing fee
$625BGC files suit for foreclosure
Never once taking opportunity for
settlement discussionOwner receives suit
3 days after suit filed
Less than 24 hours before
teleconference with arbitratorOwner requests approval before any changes
(Claimant 1.18)Tile
BGC States
Tile guy to be on site to discuss
No showTile
Owner requests
To be notified of results of discussion
No response from BGCTile
Allen Weiss informs Owner tile will work
per BGCTile
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 materialsMotion to Compel Arbitration Hearing
GrantedArbitration TeleconferenceOwner 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)Периоды
Tenant Caused Delay
Foundation workDiscussion of cedar siding - Less exterior paint to offset cost (Claimant X)Entire electrical system
ripped out, exact date
unknown.
BCG unauthorizedNoticable pause in work progressDelay due to tenant - Deadline later adjustedEntire 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 progressWeekendWeekendElectric
Dunman
Electric
on siteOwner prepares 200 page document of photos evidencing disputeKelly is unable to be reached to scheduledOwner allows another week for Counsel Kelly to respond
No responseNo particpation by Counsel to provide
availabilityNo communication from BGC and Counsel
Comments