First Baptist Church of Fairview (FBCF)
Hans Bae/Best Choice International (BCI)
On March 5, 2012, FBCF entered into an agreement with BCI for $100,000 for total reconstruction of the lower church because of flood damage from Hurricane Irene. FBCF received SBA Loan through FEMA for the damage cause by the storm. FBCF requested BCI to begin work in June because funding would not be dispersed til then. BCI opted to begin right away and began construction in May without the initial 50% deposit as stated in the contracted. BCI advised that they had good business relationship with FBCF and understood the SBA disbursement process. BCI verbally stated in March that the job would take approximately 2 months because BCI had two crews of workers that would be working. On Friday June 1, 2012, because of the major plumbing problem that BCI discovered and waiting on the shipment of materials, BCI moved the project completion date to August 3, 2012.
As promised when funds were released from the SBA during the months of June, July and August, FBCF paid out the full amount of the contract, with an overpayment of $4500. BCI still had much work to complete but because of their diligent work efforts FBCF opted to pay the full amount due, being considerate that BCI
worked the first few months without deposit.
In August, BCI and FBCF began negotiations on future construction pending additional funding. In September BCI asked FBCF for HELP with an advance payment of $20,000 on future work because BCI could not pay its employees. BCI stated that two other clients of BCIs had not paid their invoices and BCI hotel bills were overwhelming which left BCI in a financial bind. FBCF told BCI they would consider, but never made an agreement. BCI still had not completed work based on the original agreement and FBCF informed BCI no additional agreements or money would be disbursed until the original agreed upon work is completed.
BCI contacted FBCF every week asking questions about the pending status of other funding, it became border line harassment. FBCF cautiously reiterated to BCI no additional agreements or money would be made or disbursed until the original agreed upon work is completed.
Failure to Complete:
BCI to date has not completed the contracted projects. BCIs lack of completion has caused major delays in our administrative duties, worship services and potential business that contribute to our capital budget i.e.:
FBCF had 5 church members (2 were extended family members of FBCF members) die during the months of July September. As the home church for these families and community, we typically host the funeral service and repasts which generates $500.00 per service. FBCF was contacted by 2 families of the surrounding community who wanted to host memorial services at FBCF which generates $700.00 per service. Total Loss = $3900.00
FBCF had 2 members schedule weddings in August and both families had to choose another venue because of delayed construction. ($500.00 per service) Total Loss = $1000.00
FBCF entered into a contract with an After School Program to rent the lower church of FBCF from Sept 3, 2012 May 31, 2012 at $1000 a month. The contract had to be terminated because FBCF would not pass the building certification due to the incomplete construction project. Total Loss = $9000.00
On Saturday August 31, 2012, FBCF was forced to clean the worksite and store all BCI construction equipment because of the scheduled Community Day event. This event is vital to FBCF community outreach. It is an event where FBCF offers free health screenings, 500 free book bags and school supplies, free food etcThis event was almost a disaster because BCI did not complete or clean to prepare for the event. We had to move the majority of the event outside.
Our weekly worship services were vastly affected because the church membership only had access to the main sanctuary which only has one restroom. We average 125 people in weekly attendance. 1 bathroom is not sufficient to accommodate our worshippers. Our main bathrooms are in the lower church.
Additionally, in the contract BCI stated they would work Mon Fri to complete the construction project. There were several days/ weeks BCI employees did not come to the worksite without explanation. FBCF had to call many weeks to find out where BCI was in their construction process. Listed below are the specific dates:
April 9- 10, April 23- 30, 2012 No call, No Show
May 7-8, 11, May 14-15, 2012 No Call, No Show
May 29-31, 2012 No call, No Show
June 4-12, 2012 No Call, No Show
August 13-17 No Call, No Show
September BCI only worked 24-28 after FBCF demanded work because of an Anniversary service.
Notice to Proceed:
FBCF was verbally notified of only one change order during the construction process, which was the repair to the plumbing system, no formal price quote was given for the repair. FBCF requested BCI to inspect and repair air conditioning system. BCI agreed but failed to repair the system and no notice of cost was given to FBCF.
Failure to Perform:
Air Condition Inspection, Repair Electric Problem and Thermostat
FBCF Dispute: Air condition upstairs and basement was inspected but unsuccessfully repaired upstairs and the cost differential needs to be itemized and specified between Inspection, Electric problem and each thermostat.
Metal Doors Replace Old Metal Doors to New Metal Doors
FBCF Dispute: Metal Doors were discussed in original assessment with BCI not as additional work. The
installation of the metal doors is incomplete because there is about a inch gap between the ground and both metal doors. Metal door replacement and reframing were essential to the Water Proofing of the building. Its impossible for this to be listed as change orders. The damage to the lower church was caused by flooding which was the purpose of contracting BCI.
Gas Oven Clean and Replace Old Unit Stainless to New
FBCF Dispute: BCI employees did nothing to the GAS Oven but reconnect it in its original spot. FBCF Volunteer cleaning ministry cleaned prepped and restored Gas Oven to use on Saturday August 31, 2012 in preparation for the FBCF Community Day
Kitchen Sinks and Paint Kitchen Sink with Plumbing and Fellowship Hall Painting
FBCF Dispute: Only one of the kitchen sinks was replaced. Cost for non replacement of one of the sinks
needs to be deducted. Both were a part of the original agreement when kitchen was assessed. Plumbing in Kitchen needs to be specified as to what was done with price specifics. Pictures of the original Kitchen cabinets/sinks and the replacement are available upon request. The replacements are smaller and
without one sink. BCI stated they had to go with a lower quality stainless-steal because what they had intended to buy wasnt available. The result is unacceptable and needs to be deducted from what was paid.
New Ceiling - New Ceiling in Hallway with Lighting
FBCF Dispute: The new ceiling was a part of initial assessment not a change order. Dry wall ceiling was at the advice and direction of BCI and were essential to the Water Proofing of the building. Its impossible for this to be listed as change orders. The damage to the lower church was caused by flooding which was the
purpose of contracting BCI.
Stairwell and Hallway upstairs and downstairs are currently incomplete with painting.
Grout has not been sealed/sanded in the tile in several places throughout the church and several portions of tile are popping out of place.
Remove/Replace Residential Gutters to Commercial Gutters was not done but was a part of original agreement. Lowest estimate given from other local companies is $15,600 and needs to be deducted from last invoice and refunded. BCI listed the cost as $10,000 for gutter work.
Vanity Mirrors were not replaced. Wood has not been finished/sanded and painted in several places. Tissue and paper towel dispensers were not replaced. Handicap rail in stalls not replaced. Lighting was not changed in the mens bathroom. BCI gave FBCF pictures of automatic stalls that were to be used as replacements. None of the new stalls are automatic stalls. The costs differential needs to deducted and refunded.
Retainer Wall was not completely replaced. Piping was installed and but stone was only sectional replaced, and patched. FCBF needs to be refunded for what was not completed based on the assessment and contract. The original assessment states:
Build New Retainer Wall------------------$20,000.00
Demolish old retainter wall due to crack, Dig and put new drain pipes with gravel, Build new retainer wall, Build new drain pathway to street