Business ProfileforBrainStorm General Construction

Business Name: BrainStorm General Construction Business Owners: ******* ****** Prock, Owner/Designer and John **** ****** Owner/General Contractor Business Address listed on Estimate Sheet: 2248 Central Drive, Suite 107 PMB 180, Bedford, TX 76021 (I drove by and business not at this address) Business Owner Residence Address/listed on BBB site: 2116 Navada Way, Justin, TX 76247 September 2021, in-person meeting with agreement on $90k maximum budget for addition/renovations of our kitchen, dining, and patio with permit required. Financial agreement to pay retainer fee and 3 additional installments, final installment when job completed. Project started November 2021. December 2021, I was informed project increased to $129,784,44k because of change orders and unexpected cost of material. I accepted the budget increase, and to keep in good faith as a customer, paid additional installments and in return requested an invoice with scope of work with cost of labor and material. As of February 10, 2022, I paid total of $112,000. Payments made out to John **** ****** 10/23/21: $2k (Retainer Fee) 10/29/21: 25k 11/08/21: Project started and I was told permit was issued and received Estimate Sheet with scope of work and one grand total of entire project. (no breakdown for cost of labor and material) 11/12/21: 30k 12/07/21: $30k 01/12/22: $10k 02/10/22: $15k 02/27/22: I stopped all work and additional payments until an in-person meeting takes place to review overall project including budget, onsite project concerns etc., for the following reasons: 1. January 2022, I was told by John ****, he was selling business to *****, his Foreman. Moving forward, I was to speak to his Foreman about any construction issues and John **** will handle financial. However, *****, Foreman, was not aware of this business move. 2. Continuous major roof leaks causing damage to interior and exterior of home on following dates: Nov 27 Dec 18 Jan 14 Feb 2, 4, 14, 17, 22 (Feb 22 standing water on floors for days) 3. Jan/Feb 2022: On-site work is less frequent and when asked about it, Foreman response is "John does not provide materials on-site to work with. No material, no reason to show up for work." 4. Feb 24, 2022: Floor Sub-contractor, express concerns to me that he has not been paid for floor installation. He's reached out to John **** with no response. Asked me what the status was for his final payment. 5. Feb 27, 2022: Cabinet Sub-Contractors called me to report they were not being paid. Will pick up cabinets from my home if I do not pay. Wants to know when I plan to pay John **** for cabinet work/services. 6. Mar 2, 2022: Foreman communicates to me crooked boards were used on framing and was told by John that it was "customer approved". This is false claims, I would not agree to use crooked boards on my home. 7. No Foreman on-site overseeing project when Plumber, Painter, HVAC Installer, and cabinet-installer onsite. Questions directed to me, however, I was not certain of placement decisions that were made by general contractor. HVAC insists I pay his service call. 8. *****, Foreman told me he was not experienced to perform plumbing services on my home. Plumber was called out twice, then John had *****, Foreman do the plumbing. 9. John **** assured me permit was issued, however, it was discovered John **** did not get permit for addition. 10. After several requests, John **** does not provide a breakdown of cost of labor and material so I could re-evaluate my budget numbers. 11. John cancels or does not show up for meetings to go over project and review concerned issues (framing, roof leaks, lack of communication, Invoice). Dates noted below that were cancelled or no show: Nov 30 Dec 5, 17, 23 Jan 15, 19, 31 Feb 2, 4, 9, 10, 11, 16, 21, 23, 24 12. John schedules sub-contractors to come out and install cabinets. 2 of those 3 visits, the kitchen is not ready due to movement of A/C and Plumbing, Unfinished wall, original cabinets still in place. Neither time does John show up to see these concerns. Due to the lack of trust, uncertainty of how funds are distributed, work performed and lack of responsibility to take action on above concerns, our business relationship between homeowners, ***** and **** ******* and business BrainStorm General Construction, owners, John **** ***** and Damaris ****** ***** is damaged. As of March 3, 2022, I terminated BrainStorm General Construction due to breach of contract, violation of the Texas Residential Construction Act, Texas Deceptive Trade Practice Act and your failure to pay subcontractors who have provided labor and material to do the work, Chapter 162 of the Property Code. I communicated to John **** on several occasions that I approved the budget increase, HOWEVER I needed a copy of invoice with detailed scope of work with cost of labor and material so I could re-evaluate my budget and if needed, eliminate items to stay within an agreed budget. As a customer, it is my right to see where my money is being spent. Not just verbally but to see it on paper and an agreement between two parties. My house has been in disarray, roof continues to leak and after several failed attempts from Foreman with BrainStorm General Construction to repair roof leaks, I must find a resolution from roof specialist to repair roof. My home needs to be safe and stable home from any future water damage. Balance due on the project is $17,784.44. I am asking BrainStorm General Construction for $15,725 to compensate a portion of the cost needed to find a new General Contractor to complete unfinished or rework listed below: Finish cabinet installation (ex: caulking, repairs to cabinets, finish molding) Redo/finish exterior and interior painting on walls Repair Sheet rock from water damage due to roof leaking Purchase new Exterior patio double-door due to water damage due to roof leaking Finish floor installation Repair floor leveling Finish patio addition (needs painting, gutters put back on, beams replaced due to crooked boards used, etc) Redo roof Repair framing, exterior and interior walls due to use of crooked boards Plumber and Electrician redo work, finish uncompleted work, repair incorrect work done Paint new addition, newly remodeled kitchen area and patio Install vent hood, faucets, cabinet pulls, lighting Receipts for these repairs and services are available. General Contractor's tools were left onsite. I am holding as collateral until there is a resolution. I am providing photos showing concerned areas, see attached (more pictures available if needed). Attached is also Estimate Sheet that was provided to me. Thank you. ***** and **** *******, Homeowners