Banyan Construction Group

we are sorry you feel this way but there is quite a bit of clarification that is needed pertaining to your complaint. To start we would like to note that *** is not a client of ours nor is she homeowner of record for this project. She is operating as an owner's representative as of the last few months and is attempting to piece together the account of events over the last 12 months. We were contacted last year by the homeowners appointed project manager / interior designer, *** with Beres Design Group, about needing a general contractor to complete this renovation. The structure she desired was for our company to provide the permitting, insurance and to assist in overseeing a portion of the subcontractor work. All payments, communications and project decisions were to be coordinated through Beres Design Group who would be acting as the project manager for the homeowner and we would work for a flat rate of $12,000 / month for the duration of the project. All terms clearly laid out and explained in the contract the homeowner signed with us. From day one countless questions were not being answered, materials and design selections not chosen or ordered, on the fly changes without any plans or explanations. Delay after delay waiting on their project manager to provide answers and or materials we needed to keep progress moving. Every single invoice we submitted for progress payments were paid 2, 3 or even 6 weeks late due to complete lack of response or later we discovered blatant lies about reasons for payment delays. On multiple instances we were forced to stop all work due to lack of payment. On month 4 we contacted the homeowners directly to explain their project manager was not performing and asked what they wanted to do to rectify the problem and get back on track. They agreed and stated they were not receiving answers or communication ether. Nothing changed and the homeowner made the decision not to remove the obvious problem from the equation. In January 2020 we discovered that the homeowner overpaid Beres Design Group who was acting as project manager 100s of thousands of dollars. We provided all documentation for work helped per their request to sort out the mess and get the project back on track. Multiple communications and countless time devoted to sorting a mess that we did not create. We attended multiple HOA meetings on the homeowners behalf to mediate the threat of a lawsuit from the HOA due to exterior renovations being done before board approval. All of the exterior changes were not properly submitted to the HOA by Beres Design on behalf of the homeowner. After all of this the homeowner made the decision to keep Beres Design Group on as the project manager. We have more than exceeded what we were contracted to do in countless different ways. We were instructed to put together bids, purchase materials, continue management, we spent hours bringing *** up to speed etc. When it came time to pay the last invoice we submitted for completed work we were ignored for two weeks. When we called to ask for status of payment we were told that without our approval and in breach of the contract an unauthorized inspection was made of the project without us being present. We were given a list of punch out items to be corrected which we agreed to take care of and began to do so immediately. We then asked again for status of the overdue payment and at that time we were told that we would not be paid anything more for management and we had to finish the project for free. We of course refused to allow work under our license without being present on the job. We then agreed to refund all monies paid in advance for upcoming work that had not been completed to date. We have been attempting to return the $44k *** is stating we are refusing to return for over a month now. We have received numerous threats and insults from *** in attempt to bully us into accepting a settlement that leaves us unpaid for time and work. This complaint being one of them. To be honest we are baffled that our reputation is being publicly smeared when all we have done is go above and beyond towards working in our clients best interest.

We will state again that *** has not and is not a customer of our company. We responded to her illegitimate complaint and this matter was considered closed. We are unsure why she is able to just keep this issue going when she has no right to file it in the first place. I want this matter to be closed and I have already explained why I am justified to ask so.