TCAT Group of Texas Inc

The first contract went okay, the work was not up to standard in many respects and several punchlists were generated some of which were never completed. The timing of these contracts overlapped by about a month. TCAT demolished the old garage and placed the forms for the foundation of the garage addition. It became apparent early on that the TCAT Project Manager did not spend much time reviewing the plans. The original layout of the garage foundation was out of position and the forms had to be moved. They were unaware that the specs called for the soil to be removed and replaced with select fill. TCAT attempted to convince me that the plumbing for the sewage lines could be run in the walls instead of placing the plumbing through and under the slab. I forced TCAT to place the plumbing through and under the slab for the sewage lines. TCAT got the foundation concrete placed and properly cured and then commenced framing the first floor and the second floor. TCAT complained at this time that there had been numerous code changes regarding hurricane and wind tie down requirements since our plans were originally submitted and they commenced work (Original submission was 2007 and work commenced in spring 2009) costing them huge sums of money and time fighting with the city inspectors. This was a complete fabrication on TCAT's part as the City of Houson utilizes the 2001 International Residential Code. TCAT continued with the work until 10 July and then issued a "Stop Work Notice". The work was performed under the AIA 201 contract and per that contract only the owner or the architect can issue a Stop Work Notice. TCAT claimed they were stopping the work due to non payment of extras on the original contract and the second contract. Beginning on the 6th of June I contacted TCAT and asked to meet with them to discuss the extras - the refused to meet with me. TCAT never presented a change order to me for signature, nor had they presented any invoices for extras. On 13 July TCAT issued an invoice for extras on the original contract that listed installation of six recessed can lights in the formal dining room - the formal dining room has a chandelier and no recessed can lights. It also listed several other items that were never done, such as removal of two doors and frames and building and replacing those frames with cased openings. I actually removed one door - the other door was removed in the original remodel in 1978. The door frames were never removed, I removed the hinges, striker plates and door stop and TCAT used wood putty to fill the holes and then sanded and painted the frames. We met with the TCAT Project Manager on 20 July after exchanging several emails with the owner regarding the invoices for extras. We came to agreement on the extras for the original contract and TCAT provide a lien waiver for that contract. They presented an invoice for extras on the second contract at the same time and I paid for the items that had been completed at that time. The next day I received an email from TCAT with a letter attached terminating the contract. At that time TCAT had been paid 92% of the money for the garage addition and the work was approximately 50% complete. TCAT was a small company and we paid them for insulation, sheetrock and interior trim among other things so that they could purchase the materials. TCAT did not purchase the materials and instead absconded with our funds. I have since began managing the work and hiring subcontractors to complete the project. I am out $42,000 for work and materials that were paid for and not completed. I am also out $30,000 for my time in managing the remainder of the project.