I've been taking my time [Music] [Music] before we take a chance [Music] foreign [Music] foreign [Music] slowly [Music] thank you [Music] oh no y'all I've been talking this whole time oh my gosh I didn't do all the greetings I've been going through oh I'm so sorry y'all can y'all hear me now let me wait to see you y'all actually hear me before I go any further I'm so sorry can y'all hear me sexy mama said no sound with the crying face can y'all hear me sorry look they laughing at me y'all know y'all know me why do I do this to myself okay well y'all saw me clicking so I won't put you through the greetings again but you know if I clicked on your name I was saying hi bottom row so yes that's that man name uh were you about to get into the things I'm just gonna go back over the presentation part sorry y'all oh man I'm so sorry y'all sitting here in just silence and I was saying um I don't know the name of this song that plays but the channel name is South Street 24 media he names this stuff in a in a very generic way so I can't never he just named it like love song intro song like he does it very generically so I apologize I'm putting myself in the seat I'm in the seat golly oh so hi hey y'all hey I promise I said hi to everybody in the silence oh my gosh okay here's the legend again y'all one more time oh let me say this part because I was feeling my heart out to the to the silence uh yeah lady queen y'all gotta get me you gotta tell me I was saying that thank you for being here because this is all black and white there's no video so um I'm very um sensitive kind of because I know it's kind of dry y'all are still here even though we're just going over some papers and I appreciate you so much for being here um this is one of my little passions you know you know art is one I like doing this type of stuff so yes yes yes that's what I was saying I was trying to say thank y'all for being here with me for this and I was also telling Sheila don't be out there hollering at nobody except you can holler at bottom row so I said that I know I'm in my chair golly so hey y'all I promise I said hi to everybody I'm so okay I don't want to hold y'all too much I know we also are Chit Chat members and I'm I'm trying to make sure I keep us in some good time I'm not sure how long it's gonna take but for those of y'all that can be here with me I appreciate you so so much um okay so the legend which I mean like okay over here we got blue is going to be Scott's attorney okay you know that's Marcel and them that stay company now Zen Gardens is yellow and red yellow uh is the norm but when when I feel like he he's saying something really like oh we need to pay attention or like got them you know like that's the bread part that was me that I don't know why but it's yellow and red for Zen Gardens and then the attorney of Zen Gardens is green he don't speak a lot that's Mr Rogers he don't speak a lot because this is uh he's being questioned by the scope attorney so his name is Vishal Shah he's the one that is the managing owner managing member of Zen Gardens being questioned by the school attorney that's what this is okay so I got us highlighted I'll try to skip over all the fluffy fluff and just get to the part that builds the foundation and you know we see the things on why they were like we sure didn't pay them so all right all right so that's what we're getting into oh my gosh I'm so tired of myself okay so y'all I just wanted to point out that again um School Industries is the um plaintiff just remember skull is the planer Zen Gardens is the defendant okay and um so just remember that they have a counter claim but they are the defendant so when you see things representing the player that's representing scope Sheila I know we classy but some people I can't take I'm team trending I got you Sheila it's okay it's okay I it's some people make it look easy to be classy it's not always easy I I know I know I don't know everything going on but I know it's a lot going on so I just be like the less I know the better but yeah y'all come on over here and chill chill out and direct it towards bottom bottom row so if you got anything put the angry faces for bottom row so Lord okay so this deposition started at nine in the morning and I think it didn't end until two something in the afternoon with some breaks I I don't know if y'all care but I'm just trying to get context in case you wanted to know hey Arleta oh okay so let's see let me get to the start you see I'm skipping over all this that's not highlighted because there was some background they set up and it wasn't like the most important to me because I feel like it's repeated a lot you know so um you know I just I'm like they're gonna get to it again let's not I'm trying not to repeat too much so y'all okay so one thing to note the shout Shaw is originally from India and English is not his first language so if sometimes the sentence syntax seems a little off English is not his first language I feel like he's a very cool cucumber though I do like the more I read I'm like this man is a little cool as a cucumber kind of guy you know um I feel like he's very smart um I could tell there was one part he was proud of how he can do his math in his head um he likes to try to practice English words I don't know if I kept some of that highlighted but he just seems like a you know nice guy but obviously I'm a I'm a um I'ma think that because I don't I don't really care for you know I don't care for school like I don't care for um Marcel and them let me get my banner up too so again I am reading straight from the deposition um that was taken by the court reporter videographer and all that I may offer some of my own opinions but this is for critique this is for um commentary purposes this is for research that's what this is for so uh let me go ahead and one time show the one time I'm look okay I'm we can talk about this this is public record okay don't start with me Scott's not Marcelo trying to rip off they he's been in the country for a long time but he definitely even as he asked us the attorney to repeat questions because he makes sure he wants to understand it I already can picture Marcel fast talking to this man I really can I can um okay y'all I have my own opinions but you'll form your opinions as we go through this and let's let's hit it so I got the color like I said I got the color code on the left hand side so whenever you forget who's saying what you got the colors over here to let you know who's speaking okay all right let's get into it y'all all right so first question up again the questions are being asked by the school attorney most of the answers are coming from the shall Shaw okay all right so the attorney asked and what do you do as in your capacity of being self-employed yeah thank you all for liking the video um okay so Vishal says I'm a construction professional civil engineer I work on to the various engineering assignments and also try to identify the real estate development opportunities with the group of my investors um he asked what entities do you work do you do the work under and and Vishal says one of them is Premier project management which is an engineering Consulting entity and then we have Zen Gardens LLC um he has them Retreat is in living but they don't have anything to do with this case moving on along all right the attorney says what's your association with North Alabama because you live in California you're from India but you're obviously um doing a lot of stuff in north Alabama what is your Association I'm so excited I'm sorry I'm stuttered because I'm excited I I I'm so sorry all right um all right so Vishal says so Huntsville is a second home I live in California but I work in Huntsville so you're not the only one but a lot of people ask me that how did you end up in Alabama but yeah I can say that I live in California but I work in Huntsville um and to say how he got to Alabama was he said A friend of mine who went to Auburn University 15 years back introduced me to Huntsville Alabama about five years back when we were looking into doing something into real estate so at that time we used to work at a construction company in New Jersey um at the same construction company and we were full-time employed by the construction companies we were W-2 employees and we always wanted to be involved in real estate into the investing and all that so he introduced me to the Huntsville area as a growing city so that's how I got introduced so that's how Mr Vishal came from California to Huntsville Alabama attorney says what did you do for terminal Construction Company he said I was an engineer in their company um he said were you a civil engineer or a PE and and he says I don't have a PE license I don't know what that license stands for but he ain't got it um I tried to do some research but I couldn't look up everything oh yeah y'all I'm a Layman when it comes to most construction things in some of these terms so we are all looking at this as lay people so you know I don't have construction background I know a few things but not a lot um the attorney says do you have any sort of engineering license or professional license if Michelle says no he says have you ever and Vishal says no not any licensing civil engineering was like uh he said BS but you know bachelor's but you never actually sat for the exam for example in Alabama and became a professional engineer oh PE professional engineer Rochelle says no I was into the different branch of the construction side not to the engineering side where you have to stamp the drawings and get the licensing have you ever held the general contractor's license anywhere no okay what did you do for terminal construction company oh sorry that's the same thing sorry y'all same page it reads from left down bottom then go back up right down bottom so that's why if you see me going up down up down the attorney says we mentioned or we talked a little bit about Professional Licensing for engineers are there any sort of general contractors or are there any sort of professional licenses that you hold or have held he says not that I know of a shout says not that I know of the attorney says we're we're here to talk about a dispute that has arisen of course we've got a complaint you've got a counter claim over Zen Garden Apartments all right let's get to the meet and where is Zen Garden Apartments located and he gets the address of where it's located we saw a black Titanic there um she was sitting on the steps shout out to Black Titanic for laying the foundation and putting this on the map because it cotton kept my attention because of black Titanic so I tried to put in her comments that I was going to go into their their business but yeah shout out to like Marcel never sat for that exam either okay it's Christmas time all right cause yeah girl now we can't go over today because the stuff is too long but part two we're gonna go over why Marcelo and them are requesting that summary judgment and they want their 200 and something K dollars okay and they're basing it off of this deposition I'm like I don't know but okay um so the attorney says do you know when the certificate of occupancy for Zen Garden Apartments was issued and the certificate of occupancy is you know so people can actually move into the apartments and stuff like that Vishal says so the first certificate of occupancy um we have he said just to give you an idea we have six structures one is a clubhouse and then five apartment buildings they were all issued independent certificate of occupancy starting or between the time uh from April 2021 until December 2021 every month or so they they were independently mentioned into the city the attorney says when did the apartment complex obtain its first tenant Vishal says if my memory you know serves me correctly I would say in May or June of 2021 um he said I'll have to defer to the document if you must know the date but as of now I can say roughly May or June and just to clarify he said mayor June month I'm not sure whether the lease was signed or the tenant moved in I don't remember that date but there is a difference um the attorney says do you know the percentage of occupancy for the apartment complex currently and Vishal says about 90 percent he said what's the average rent per month and the average rent per first the child is 1200 and how many apartments do you have at the complex he said 120 units hey yay um but an attorney says but approximately when did you get up to sort of the 90 occupancy rate what was the earliest you reached at and he said our last certificate of occupancy was around December 2021 so he said he would say roughly around the middle of 2022. and Zen Garden Apartments what was developed by Zen Gardens um I'm sorry he said in Zen Garden Apartments that was developed by Zen Gardens LLC is that correct is that correct is there a current mortgage on the property yes is it with Redstone Federal Credit Union Yes is the property still owned by Zen Gardens yes do you know how much the mortgage amount is and he said the monthly mortgage is around 75 000 um the total mortgage was 16.3 million dollars I'm going to skip a little bit because some of this I feel like he was oh oh well no I can't skip this okay he the attorney says you're aware that my client scope filed a mechanics lien against the property are you aware of that the child says correct and that lien has been transferred to a cash Bond I don't know what that means Michelle said yeah um instead of going back and forth a couple times yeah and the attorney says are you aware there was a transfer of that lien back to the property in just this past April in fact in the last week of April specifically April 27th and that would have been 2023 April 27 2023 and his attorney the Zen Gardens attorney steps in and says it's back to a cash Bond now and the lawyer I guess he didn't know that he said right 75 000 a month he said when was it transferred back to a cash bond in Mr I just said last week Mr Rogers this is Zen Gardens attorney um the witness said yep last week so the attorney was not aware of that school attorney was not uh he said okay and what was the purpose of the transfer back to the property in April 27th the child says to release 804 000 to Zen Gardens LLC because we are paying a mortgage interest on that the attorney says we'll come back to that I don't know if they ever came back to that because now I've read the whole thing I remember them coming back today I think that threw him off uh he said when was the LLC Forum 2019 2020 and I feel like he's just trying to get some background what was the purpose of forming Zen Gardens and uh he said so we could develop the Zen guards apartment community let's see the Zen Gardens own any other property beyond the apartment complex no is there any intention for Zen Gardens to become involved in any other project beyond the apartment complex that we're here to talk about not that we know of what is your role as Zen Gardens he said he's the managing member of the ownership and he clarified let me step back Zen Gardens LLC the ownership oh the ownership entity is managed by Zen Gardens manager and I tried to lay this out for y'all just a little bit it's not oh wait no no that's still right here so you see Vishal Shaw on the right hand side of my screen he has Zen Gardens Zen Gardens manager and Premier project management because that's going to come up so I tried to break that down because they go back and forth between talking about these companies um and the attorney says who's the manager for Zen Gardens LLC vashal Shah is the manager of that like the managing member I think I guess so Zen Gardens the manager for Zen Gardens LLC is Zen Garden's manager LLC so as you can see that though they're close they're close um and Michelle says yeah and then he says who are the owners of Zen Gardens LLC okay so as y'all see on the right hand screen there was a common member vashal and and Charles chowski are both in Zen Gardens LLC then they named some other members but their names don't come up too much so we're gonna We're not gonna do that too much that that's not that important to the case that they're building all right okay the attorney says have those members remain constant since the formation of Zen Gardens yes have there been any other members no and just to be clear you have no relation to Mr chosky is that correct and Michelle says no relation uh he said do you have relation to Mr Patel he said no and the attorney said well there's two Mr Patel's and Michelle said there are at least a million Mr Patel's in this country so hey Michelle from Seattle hey um Michelle says Patel is like Jones or Smith is like one of the most popular names uh okay let me see Zen Gardens is managed by zen garden managers okay um and he said just to be clear my answer for the record I don't remember exactly our operating agreement where my name personally has spelled out into any position on the Zen Gardens but I don't remember that but just in general as a whole um before that it was a construction and there was a separate contract of the construction management between my entity Premier project management and Zen Gardens LLC uh the asset management fee started somewhere from where the first building got occupied and in general it is one percent of the total Capital contribution required for the property what I'll say all this they're building up how much is Vishal Shaw getting paid to be the managing member of these companies and why did he get paid certain fees so just so y'all know why they're asking all these questions hey pumpkin pumpkin you made it pumpkin pumpkin um okay so I'm gonna I'm gonna go down because when he questioned him on this I really feel like the man gets paid it's it's trackable y'all got the documents let's let's keep it moving but I had to read it to make sure why he was asking all these questions um okay oh this one this is where it started y'all okay okay so it says where's the question hold on hold on I want to make sure I get that question Oh Oh I thought it was coming it's not there yet let me skip on to the good stuff they talking more he got a lot of companies he got a lot of companies uh let's see you mentioned the defy feed that's more fees that he gets paid more fees that he gets paid okay okay um let's see I'm not sure [Music] more questions about his fees because they trying to establish I'm sure on the sculpt side why he got paid the money he got paid because Scott didn't get paid in my opinion for good reason uh let's see hold on see they're still talking about how much he got paid more payment refinancing more payment okay have any uh uh um because even though I highlighted this y'all I got it you know in real time like all right that's not that's not that important I'm Mark oh here's the red okay here's the red we're getting there here it goes the question says you mentioned the attorney says you mentioned another lawsuit the apartment complex was involved in was that Rachel Bayer's lawsuit vashal says yes the attorney says has there been any other losses connected with Zen Gardens apartment complex or Zen Gardens LLC here's the red here's one of the things the perk of our eyes and ears Michelle says not that we know of but it's just Worth to mention that the Rachel Breyer's lawsuit since you asked and mentioned that it was related to a road accident where the construction of the pavement of the road was not done correctly so it was related to the construction side of the project the attorney said who paved the road Michelle said it was originally paid by skull Industries and his subcontractor TNC contractor he did not do a right job and the striping and everything was off in my knowledge and that's where this accident occurred and we had to um he said and they were not able to come back and rectify that so we had to independently hire another company to help us repave that or Rectify that error the attorney says do you know why the contractor wasn't able to come back raise your hand if you already know the answer they said it was directly contracted with skull Industries it was not with Zen Gardens LLC so he never came back so maybe School Industries can answer it better but this was my understanding so here we go the only other lawsuit they've had under this name is related to something that scope industries did ah okay it says do you know if you ever asked if anybody ever asked gold Industries to contact TSC contract Michelle said yeah during the construction I was the one that was communicating with skull industry on behalf of zen garden so yeah Luna X we are looking at the deposition where the skull attorney is questioning Zen Gardens owner vashal Shah right 41 fit oh it randomly popped up oh Do You Like Love and Marriage Huntsville Luna because that's that's all I don't know I'm so glad it popped up though this is definitely related to Marcel Scott do you watch Mother Bear's husband because we're talking about one of their Construction lawsuits that's what this is about so let me know if you watch Love and Marriage Hospital um and you probably either follow Chit Chat Diana Rose uh t-talk uh who who are my Heavy Hitters um black Titanic I don't know but yeah yeah yeah I'm I'm here because of somebody else you follow and thank y'all because because y'all hitting the like button is recommended me look at Luna Luna is here from a recommendation thank y'all for liking the video hey DD I'm in the bushes listening thank you Dede I appreciate you she said oh snap I'm stuck to you I never oh well I'm glad you came back yes I love to go over these court documents so that's what we're doing with Marcel oh okay so um okay so it says he did try to contact them he said all right let's now the attorney want to skip the subject now now we're gonna talk about this lawsuit no more in this deposition that I can remember y'all all right so the the lawsuit the second lawsuit all right so now he says uh um all right let's talk about Premier group who are the members of Premiere group and as you can see oh sorry he said who is who is that and then he said oh I'm sorry I mean Prime group developers um LLC who are the members of prime group developers LLC so that's where Mr Charlie chosky comes in and he's also part of Zen Gardens okay Charlie has the common denominator right now for that and he said uh do you have the attorney said do you have any sort of relationship with prime group developers vashal says no and I think he means like he's not part of that LLC he's nobody's his family member from that LLC did they have any involvement in any way in the Zen Gardens apartment complex um I guess was developed because he didn't kind of finish his sentence Vishal says if my understanding is correct Charlie chosky is one of the members of the Prime group developers and then there is a relation because because Charlie chosky is also a member of Zen Gardens that's the only thing I could think of but other than that again to restate I don't have knowledge of the Prime group developers LLC I don't have knowledge um he said do you know if Prime group provided any financing and connection with Zen Gardens apartment is not that I know of he said all right there's two other companies I want to ask you about the card group what involvement if any did you have with the card group um and he said car group provided the owner's representative service to Zen Garden I don't know what owner's representative service is that's that construction talk I'm not too familiar with but it sounds like it's normal in the industry that's the best I have and so car group was is it has Rochelle choski archowski down here at the bottom right that's the son of Charlie choski okay um and then okay so the card group did he say sorry they were Consulting I believe okay Vishal has no ownership or membership in the car group and that's important because they're trying to justify or talk about why he brought in these extra people scope is basically upset that he brought in all these extra people that's why they're asking all these questions and so Vishal says it looks like my estimation was the time frame was correct almost accurate from February to August that I guess the car group came in now here you go why was the card group brought on as the owners rep during the time frames you described and then so Vishal says uh in or about October or November November when we started feeling that our contractor is not performing and the contractor being sculpt we had to bring Martin and Kobe to the to supply the skill of on-site supervision did I put them in here okay so there's on the right it changed just a little bit for y'all on what those companies kind of do but um so Martin and Kobe on-site supervision which is a superintendent in property management for the project to complete the project in a timely fashion because we all know I'm sorry y'all general knowledge is is we don't see what scope completes if y'all could tell me something that they as a pattern have completed successfully and on time let me know um and it says at the same time we decided to have our local owner's representation on the project as well to oversee the construction operations and being an owner's rep since I was in California okay you know he said he clarified that was October November of 2020 and the attorney said that would have been when C was ongoing is that correct and Vishal says yes C was ongoing during that time he's and the attorney said was that the reason you were in California and Michelle said I was just I was typically I used to come every month to Huntsville during the construction of the project but he lives in California so remember that hey Terry T Baby Davis I liked the video and forgot to speak I got caught up listening hey that is okay thank you for being here um and then he said during C uh California had the Lockdown from March to somewhere in July or August so no one could fly in fly out but as soon as that lockdown lifted I started flying back to Huntsville because you remember I live in California I work in Huntsville and this was my first project as a developer my visit was necessary and during that time in September October we started feeling that our project is not going according to the way it should be so I started frequent visits and the Sea restrictions were a little bit light at the time especially for travel I don't think they've ever completed any job on time not even their own home I I forgot about the home reservation design I mean a home renovation deshonda thank you oh wow they failed to fulfill the contract so they that exactly 41 feet this is where these you're going to keep hearing the phrase cost overrun um not on time and as I put on my thumbnail misrepresentation I think it's going to come up yes 41 fit they basically yes yes 41 feet and oh wait till you see that summary judgment the next time we can get together it's probably gonna be another I don't know when because we're gonna need us we're gonna need some time to go through that too so y'all can really I'm like no you didn't I see their angle but I'm like I don't think that's gonna work um so then the attorney said the project notice to proceed issued it was issued in March of 2020 is that correct and vashal said I think the notice was issued the first week of March and if I remember correctly C occurred somewhere around the second half of March after two weeks three weeks something in that range okay now got Papa Jacks what did Papa Jacks have to do with this project and y'all at one point he accidentally called it Papa John's Wow since the timelines weren't timelining right 41 fit they cost some people so much extra money right dashonda right oh my gosh okay so Michelle says what happened was Alan that's Papa Jack's company is owned by Charlie oh so sorry Allen is the name of the attorney so Michelle said what happened Papa Jack's company is owned by Charlie choski in my understanding and while card group through Rachelle choski which is Charlie's son started helping on our project in February 2021 as an owner's representative and at that time Zen Gardens had to pay all the vendors and subcontractors directly okay dog own scanners I know I know scanner's Mary here's my next red part and Papa Jack's was helping us make payments through their credit card through the local things because each and everything um you know this is him speaking each and everything that you know kind of in my understanding we had to do on our own because the contractor was not performing so Papa Jack's was helping us with their credit card to make those purchases for the project and Zen Gardens used to reimburse that and allocate to that particular trade they had to at some point and they're gonna they're gonna clarify that later but I want y'all to know they I don't think it was they didn't bring on Papa Jackson the very beginning because the money was supposed to go to sculpt reimburse the local people and at some point they had to skip school and just pay those people that's what that's what that's why these extra companies are coming in now yes are you gonna use your people you already know yes that's why there's such a close-knit thing with all these names in my opinion the scanners are getting exposed I'm telling you I'm telling you okay back up here to more red and then he said during that time we also Zen Gardens had to also open the business account with Lowe's Improvement store to procure the stuff directly that was required okay let me see this this was a little bit too much with the invoices because they're gonna they're gonna get into that again later so let me make sure I'm trying not to keep repeating too too much with y'all okay okay let's talk the child's been asking asking he's being asked about the reconciliation sheet and he says so the reconciliation sheet includes the detailed project cost spread out between entire trades and by trades he's talking to like Electrical Plumbing stuff like that right um he said there's hard costs and soft costs he said now these costs are part of the hard cost I don't remember which trade that goes to but that's part of the reconciliation sheet if that's what you're asking so he's you know the attorney's throwing you know showing him papers as they talk um the attorney says in the second page which is Mark Zen 1344 do you know what Papa Jack's gas station is that's terrible they couldn't even pay the people 41 feet that makes sense on to me allegedly just in my opinion I I'm not auditing them that's why every now and again they could stunt because the money was coming at some point from Zen Gardens or whoever they right now doing projects with and then it wasn't flowing down so that's probably how they got a little money in the stunt every now and again and I'm sorry sorry but this sound real similar to Joy's story it really does the the chandeliers can we talk about the chandeliers and everything else that poor woman you know so real familiar so they so Michelle says so basically if I remember correctly we had to rent the equipment or the trucks for our project in 2021 outside of school Industries and they used to get the diesel because the equipment needed the diesel or the gasoline so they used to get that from their gas stations and he's talking about uh Papa Jack's gas station they own a gas station and they used to get that but I think that was for the diesel thing that required to operate the equipment so that's where Papa Jack's gas station came in SMH flexing on other people's money allegedly Christina Legend and so the attorney said so that was a gas station that's owned by Charlie choski Michelle says I'm not sure but in my understanding they own a gas station at the corner of Balch and Gillette Gillespie Gillespie in Madison so if I read this correctly I may feel and I'm not 100 correct but diesel was probably procured from that gas station 4150 at good point stunt and buy bottom row teeth bottom what is it bottom row so and much and much space more so had the nerve to try and sue them pumpkin that's why I'm like y'all we gotta look at this we gotta look at this breakdown this is a I'm like this is what we knew it's just putting more detail in what we already knew because I feel like we already had the general idea of how they've been accused of operating right we can't we knew this is just breaking it down in some real numbers to me in another timeline um so then Vishal says but I must say that this was my first deposition um as a legal I've never been to any legal matters or anything poor thing poor thing he said but you're making this as very casual and very nice so thank you so much and then this is Michelle's attorney in green he said yeah he's trying to get you to drop your guard I love his attorney his attorney don't speak much but yes Bottle Rock so here's a title speak a lot but I do I was giggling a little bit every now and again when the attorney did choose to speak um so then back to school's attorney it says Mr Shaw I want to talk a little bit about um the project that we're here to talk about in the construction of that project and where I want to start is talking about the project management okay he said did Zen Gardens or anyone associated with Zen Gardens have any responsibility for management of the construction process let me see it's just a shame on how they took these people money and turned around and sued them and they opened up a can of worms but with the wrong ones allegedly married I just have to keep saying allegedly because they ain't got they ruling and judgment yet Mary but girl oh I gotta keep that Banner flowing because it is I have so much in my own opinion I have to remember keep saying it's my opinion though oh my gosh okay so Vishal says he uh hold on let me see so hit one of his roles was he was overseeing the general contractor from the ownership side as a construction manager so that's one of his establishments of his roles where he was collecting his fees from the companies okay um the tiny says does that entity have any employees no who are the owners of Premier project and I think it's back on this slide Premiere project is Vishal as well and he said the attorney said well respect does premier project management does it do anything other than serving as a construction manager for this project does it do anything else Vishal says Premiere project management as I mentioned earlier is an engineering company providing services to the construction engineering he says you know size of the construction industry so Premier project is involved in various other things related to the construction project management during this time it also oversaw a warehouse that was being built in Huntsville so it was providing the similar construction management service overseeing the general contractor okay um the attorney said how much was Premier project management paid for their services he's got to check my records that's it's more fees so basically they got down to the part where he said approximately 250 000 for 12 months is how much his company got paid for their role in that project oh let me see I got comments I forgot to put in my opinion and allegedly Mary I'm at Zen Gardens got more so Sweden I don't know Sylvia he know he's he should sweat but I do be like I don't know if he actually even gets it or he Marcel thinks he's the smartest person in the room is is what I'm trying to get to so I don't know if he sweats because I think he always think he's got it you know what I mean Madame Marcel still doesn't have any top teeth but has my money and bottom teeth looking like oh papa doo-wop he's too cocky yeah not papa doe yeah it's too cocky in my opinion oh okay so they got to his his stuff [Music] um it said he received more than 250 000 because the project got delayed it went over the 12 months and best estimate the attorneys his attorney the child's attorney said best estimates we sit here maybe about 350. um okay we're gonna get back salary we the salary is good he's getting a salary that that's part of the summary judgment request from Marcel they're like they got paid but we didn't get paid basically okay so here we go get into some rest let me establish this it says what was Martin and Kobe's role let's get back to Martin and Kobe Martin and Kobe on-site supervision okay oh my gosh y'all I was cracking up when I read something he's so smart until he dumb right Mary 5.5 million would make me sweat I passed out me too Sylvia I ain't got it um it says Martin Kobe was brought on to the project to supply the right skill set a superintendent and the project manager for the project which the project was lacking so Martin Kobe is a fix y'all just so you know they weren't initially initially supposed to be involved this is the fixing part of it so they Pro and he's the child said so they provided the skill set to the project and then the attorney says what's the difference between what Martin and Kobe was doing as project management and what Premier project management was doing the show's so nice he said awesome technical question let me explain so Vishal says being a project manager you typically oversee the accounting part of that into the making payments and everyone in oversee and I'm sorry and oversee the superintendent and the project manager so premiere Premiere was overseeing the project manager and superintendent which from my understanding was Martin Kobe's company okay um he said Vishal says so you are basically on that side so while the contractor and I'm trying to read it like he wrote it so while the contractor saw while we replace or we got the new superintendent new superintendent and the new property manager from Martin and Kobe they were handling all the on-site activities coordinating all the trades with the some subcontractors to make sure that the projects move forward correctly so then superintendent role in the project manager role he said now Premier project management which is Vishal was accidentally assigned to pay every contractor every laborer every trade directly which was supposed to be the general contract responsibility general contractor escope unless otherwise stated in the contract and the and the attorney said you said accidentally assigned what do you mean by that and this is where his English is not his first language so this is where he explains and this is where he gets more red Marcel didn't have the right skill set Sylvia that's that's what I he's he's literally saying that in this deposition that's exactly what Vishal is saying um so he said since the contractor failure and that is scope that we identified in November December all the subcontractors were also a little bit frustrated because there was no on-site management and the coordination with the right skill set between the different trades like after which trade which goes in towards the sequencing so so you know like if there's a frame then there's maybe Plumbing next and they don't they had no order they had no order um he said they were coming to me directly hey can you take care of the payments now during that time we initiated an audit with the skull industry to make sure it's accounting is proper and we did not get success during that audit time so we were not sure if we were paying School Industries directly is is it going to their subcontractors to make sure that everyone gets paid so or he said be it I don't know if he meant paid so we had to take the charge of making payments directly to the subcontractors and the vendors to make sure that our project gets completed on time and within our budget let me read Mary says he didn't have the right skill set because he's a con artist and doesn't know anything about business just get it to get what he wants just Steven hey to Latrice good evening way over his head yes that is amazing right right right right the the attorney then asked this is Scott's attorney in blue did you before the project actually commence construction for the notice of proceed did you as part of Premier project management or otherwise negotiate directly with subcontractors vashal says we did not have any direct contact with the subcontractors Zen Gardens apartment bidding process was a bidding process for the general contractors so skull Industries was one of the bidders alongside with two three other contractors that bid on the project so School Industries was awarded the bid for the Project based on that lowest responsible bid that he had qualified in his bid based on the representation of his capability of doing the project and those bid those bid packets that's where the contractor set tells you that they can handle you know the job that's why mail hopped ran and went from these scanners right the thank you 41 fit thank you I was like I hope I hope I can keep y'all whoa so the attorney said so the question that did we negotiate um any bids to the subcontractors directly not negotiating any bids but I was able to meet oh I'm sorry sorry that was Michelle vachal's I I got the color wrong let me let me put that back so Vishal says so the question that did we negotiate any bids or subcontractors directly not negotiating any Biz but I was able to meet a few of his subcontractors during my visits or during the bidding analysis process so that was what that was and that is fair because doing on-site visits for something like this that makes sense exactly she knew they were Crooks liars and things um okay so then the attorney says prior to the construction project commencing did you meet all the subcontractors of scope and he said I met a few the attorney said did you negotiate pricing with any of those subcontractors he said not directly sorry I'm correcting some of my colors as we go not directly and then Vishal says that was because we are contracted with the general contractor sculpt industry so in so during this before the commencement the process is typically called the pre-construction process I wish I had somebody in construction on here that'd be bitten they really almost ruined her brand by association right right right yeah thank y'all for liking it thank you for matching the views and the likes y'all um so during that bidding negotiating everything works right that's what Vishal is saying everything is good so when we felt that school industry is the lowest responsible bidder based on his bid and the sets of qualifications at that time since Mr Scott personally did not have the experience to do this kind of project and I come from a construction background from the Turner Construction um we were working I was helping him like Hey how can we reduce the cost down so whenever he asks for my advice from my construction industry background I had an input on that but at an extent not directly negotiating because we were sure that we were going through the bidding process and we contract with the general contractor only so I will clarify because I've already read this whole thing when he's saying it you okay you know how sometimes a small business would be like okay we haven't done something of this large scope but we've done something smaller and we can and we're bringing in the whole town that has done it I'm just overseeing it that's why they're saying they still have faith that could get done because he was supposed to be bringing in the local talent that that would get it done so he was gonna go out and because that's the thing you hire General Contractors to then go do the work of getting the subcontractors okay so he's supposed to know the best superintendent the best project manager locally to Huntsville this is marcosino he's supposed to know the best um I don't know like what plumbers all them right and so that's why they still have faith that he could get it done because he had whatever paper credentials he was supposed to have and then he's supposed to be able to source and be like I can prove that I can hire the people that have these skills because you're not going to know how to do every skill you're supposed to be able to get all your skills together so that's where I I feel like Vishal was coming from I'm enjoying this I'm hoping that Trenton doesn't get tired thank you Terry T Baby Davis thank you where did they get the money to pay for the lawyers is Madame Marcel using the money allegedly mishandled to pay the lawyers Tisha will be in trouble because her name is on everything Mary you summon it up you summon it up um okay so then Vishal says I'm gonna widen my question a bit at any oh no that's the attorney sorry let me get my color coding right he says I'm gonna widen my question a bit at any point did you personally negotiate with any of the contractors the subcontractors for zen garden apartment complex he was supposed to acquire sneeze right right because you don't know everything 4150 exactly smees are subject matter experts that's what the general contractor that's supposed to be one of their talents their skills right um and so I just want to say I saw something in here what was I gonna say oh again the backbone of the summary judgment where Marcel and them are saying they should at least get their general contractor fee of 200 and some thousand dollars they're saying that Vishal interfered too much and that's why they couldn't do their job now we're gonna get way more into detail when we look at it but I need y'all to understand why the attorney is asking all these questions why'd you bring this this person in why'd you pay this person why'd you bring this person in but why'd you bring this person why are you getting paid more than once that's why these questions are coming up just so y'all know um Okay so did you negotiate directly so Vishal again says not that I can remember um he says the attorney says okay Martin and Kobe which is that company that has the on-site superintendent project manager how much was Martin Kobe paid for his Services okay um vashal says about 130 an hour and he asked which one was the superintendent the superintendent's name was Val Collier Collier um well I could tell I was like I must have been tired this night the colors ain't matching okay and he said who was the project manager for Martin and Kobe and Vishal said I think his net last name was McCullough and he was helping on our project for a few months let me hit save make sure that stays just like that um okay now this question right here who did thou replace because Val is who vashal brought in okay under Martin and Kobe I think so Vishal says I don't remember who the superintendent from Skull Industries before but in my memory since the beginning of the project so say since March 2020 to December 2020 approximately eight or nine months this is where we get back to that red sculpt had a couple of superintendents that they that they called superintendents but they were just laborers in my opinion because they were not doing any coordination in my observation whenever I was on site every month or something and even if my memory serves it right during the first few months March April May June he even did not have the superintendent on the project and this is very important for me to mention that and this is an accident happen our incident happened and this is a real incident and that's what kind of triggered me so this is where he's like come on now hold on Marcel could sue his job at the theater so what makes us think he know what's means I don't know we're gonna get some water oh my gosh okay y'all so it says when Co when I'm trying not to say that word when C restriction got a little bit relieved I was on my first visit to the site I would say somewhere in July or August I'm under the impression that the California had a few months of trial restriction so under the July and August the site work was going on he we had Stanley construction as the site contractor and he's in one of the top contractors in the area so he did a fantastic job he said now during that time when I was asking Mr Scott hey where is our superintendent that you mentioned in your bid and the qualification and he said this is this is what Marcel supposedly said you know we don't need it right now because Stanley is doing a great job at all that so I said okay all right and he was not able to basically um the first thing was like whoever the person the people that he mentioned into the big qualification most of them never were associated with the project the people he used to qualify himself as a lowest bid lowest responsible bid were never associated with the project so where was Marcel when the work was being done the attorney's gonna ask about Marcel's presence Sylvia but I'm gonna let you guess and I feel like you know as you're reading this I'm reminded of his dealings with the barber and the barbershop allegedly yes there were a lot of similarities with this part 41 feet I started thinking of the barber as well spendings and Gardens money religion so this is what he said okay it says the reason that I wanted to mention this incident in my first visit to the site at that time he said they were framing the clubhouse y'all he said that was the first building and the framing was up Michelle said when I walked the club when I walked to the clubhouse into the entrance area that we had I noticed something was wrong he was like this is something's wrong and when I asked Mr Scott hey can you get the measure tape and measure the height of this the clubhouse was built about 14 inches shorter than the design so that was the first red flag that we did not have the right superintendent onto the site because superintendent's job on the site is to check all this work and coordinate between the trades so that's that was his job so at that time it was the first incident we gave him the benefit of the doubt but during my few days of the stays when I come to town I stay a few days he said the framers had to tear down the entire Clubhouse he said now think about a 3 000 square foot building got torn down because it was not built properly 14 inches shorter that was a cost that was one of the things that led to cost overrun and it was just the beginning so they threw out all the lumber to the trash now think about during C the lumber was so hard to get now they had to rebuild that thing now if there's no superintendent on the site which primary responsibility for checking the work then it comes to the skull Industries right because our contract was with sculpt industry so anyways this was just something important for me to mention to you straight dirt baggery he lied on his bed I'm telling you to Latrice wow Marcel doesn't put Terry why that's a lot of inches right right y'all um the attorney said and when you say there was no superintendent on site you mean he was not physically at the site correct I'm like sir of course he means physically and Michelle said I think there was no superintendent on the site at that time he said do you think there was no superintendent employed at all Marcel doesn't belong in the construction industry at all he's a know it all the Shonda I know you gotta be lying he had to redo two different areas the road in the clubhouse that's where we at that's where we at 41 feet okay live laugh love oh my gosh Stanley construction is popular in Huntsville black owned okay okay because then he I think that's we did he mention Stanley in here he spoke highly of them he definitely spoke highly of them um I feel like I did read Stanley um the attorney said the plans you mentioned when were those plans stamped and approved by the city now to me this is flipping the subject this is flipping the subject we're getting back to some timelines and dates because we need to still be talking about how this man had to tear down this whole Clubhouse and they are actually bragging girl stop it stop it I'm going to get to his actual Final Answer um basically they got a notice to proceed in uh March so the drawings he said the drawings were available May or June of 2020. okay let me see I'm getting to the part hold on okay this is important to me he said when you sign any Construction contract the drawings date one of the most important things that I always mentioned into the first page or second page because based on the drawings contractors did the contract the project um I think the Scots because there was a typo on the date the Scots were trying to say the drawings weren't approved until a year later when actually they were approved the year before because that's how they got the bidding process started and I think they're leaning on a typo like that's crazy to me but I think that's what they're trying to do um he said the drawing was ready uh he said that's not accurate that the drawings were not ready until May or June because why would a contractor sign a GMP contract in February if the drawings were not ready which makes sense because you don't know what you're bidding on until the drawings are approved because if the drawings aren't approved that could be changed and you would have to change your bid so I get his Logic on that because of Marcel's negligences costing businesses more money a lot a lot okay so he said I want to make sure we're clear on record is it your testimony that as of the day the contract was signed I believe February 2020 that there was a complete stamped and approved set of drawings and uh so Vishal says I have to look at my dates but I'm 99 positive the drawings were approved in 2019 because again you need that to break ground or move dirt that's basically what he's saying like yes I know he has to say it for the record but we get you for Xiao let me see he kept asking the different ways the same question about the dates okay this is where Vishal had just had I don't know if they were trying to lean on the fact of the location you know where you had to build but basically the attorney said I want to be clear this project is in the city of Madison not Huntsville is that correct or am I wrong about that and Vishal says it's in Huntsville he said this is in the City of Huntsville because we had to get the sewer which was only available from the City of Huntsville somehow the U.S Postal Service gave us the Madison City address so it's Madison town because of the sewer um but he said it's Huntsville which I'm like I feel like y'all really just trying to pick something just trying to grab something uh okay let me see all right so what did he say he said let me ask you this if you know cause skull have began construction of the buildings that's part of the complex prior to the approval of the building plans by the City of Huntsville Vishal said I love a shout because he'd be clarifying his his butt off so what you are asking is that disco start the construction of the buildings any of the buildings before the approval of the City of Huntsville and Vishal says in my understanding absolutely no because how can you start the buildings without the approved drawings the city would make a red flag or the city would not because you have to pull the permit right and he said this is my understanding I'm not sure if it's different at that time but in my understanding you have to pull the permit first Tisha better get ready to be wearing her prison orange once they lose this case because Grandpa's not Grandpa see something got her in a bind Mary Grandpa team husband you killing me man did you ever personally tell anyone from scope the plans are not final they're not approved but go ahead and bid Michelle said no and as much as Michelle like to talk vashal just said no he said I would never do that I've been into the construction industry since 20 22 years so this is not something that you start without the permit don't play with a child uh okay let me see let me see if we got to go through that okay yeah we'll skip skip here we go some red okay do you remember who was replaced or supplemented as scope and uh at first uh the child says James Freeman right um and then the attorney clarifies I'm referring to the project manager if a child says oh no no no not project he said James was not the project manager so hold on let me step back he said we're talking about two different positions one is a superintendent and one is a project manager the attorney says let me ask a better question who did William replace y'all Michelle said this is not easy to explain so let me explain not easy to answer so let me explain they lost already Mary I know oh yeah get married in a timeout in the chairs go ahead give her a hug and a snack [Laughter] shout who did William replace Michelle said we were told by skull Industries y'all please please just look at this we were told by skull industries that Mike Scott one of Marcel Scott's uncles from Texas he's a project manager for Zen Garden Apartments y'all come on in the room we can't have a good time and he said Michelle said in my 22 years of the career and probably 30 to 40 Years of the legal career I have never seen a project manager being remote on a construction project [Laughter] she let me get your chair oop hold on pull up a chair go ahead and pull up a chair there you go um he said this is not technology this is not I.T this is construction project where the people who work especially from the construction company site who are on site or local here right he said so the reason this is important for me to explain and I was told that he used to come once a month onto the project site and managing the project remotely over there he said I was never convinced by that answer sorry let me see let me see seriously oh wow this is good not the uncle from Texas y'all the uncle from Texas hey love love kid the uncle from Texas is a remote project manager for a physical construction site y'all all right and then Vishal said however during C for the few months that because of covet everyone I said it was getting the benefit of the doubt he was like Hey this happens through C that's what Marcel said hey this happens to the C that's what Marceau said he said it's a lockdown we cannot do anything right he said so the same benefit of Doubt was given to scope industry by our ownership that okay he's remote but as long as the work is performed on the site on schedule we are okay Vishal said that was okay for the first few months during the constructions he said safe from about March to May of 2020 I'm thinking right uh he said but when we realized that Alabama was the least effective state in Sea where most of the things were working better than the other states especially for construction projects because they were outdoor projects and there are very less restrictions into the outdoor activities during sea time he said and when we saw that all the other projects around us are mostly functioning normally so they look at their other Construction Products in Huntsville like this is functioning okay like what is going on this is crazy right they were having zooming that's what they say in this that my son and his uncle were doing uh thank you Michelle Tuff thank you hey Minerva we we diving deep Minerva oh my gosh okay so we didn't establish that other places other construction sites in Huntsville were functioning normally around this time right um he said going perfectly on schedules what Vishal said and so Vishal says so at some point during May or June or July we started experiencing things are going a little bit off track and we don't have the right explanation or the response and when the ownership as the contractor which I think he's talking about scope they typically talk with the project manager not to the superintendent directly and we talked with the project manager because project managers typically the supervisor of the superintendent okay so it's project manager then superintendent and he said he gets all the things right so whenever I ask Mr Scott hey I want to talk with your project manager he said I was never you know given his contact or uh you know they basically able to talk to this person is that the same uncle that was helping Bill Scott Manor are on Rock Mountain I don't know because I thought that was gonna be somebody in Alabama but it could be Punky because I swear when he said Uncle I was thinking that same thing I'm like that's the same uncle oh Minerva we just I can't even summarize you might have to do playback whenever we um I got the color code up here for you to show who I'm reading this is the child is answering for Zen Gardens and it's a lot oh uncle grandpa just mind his newly bought teeth off in swindling those businesses wow right right Minerva you're gonna get in the groove though I'm telling you girl it's a lot um okay where are we at oh Vishal said Mr Marcel Scott was my only contact from Skull industry well it would have been him or Tisha in my understanding right um he said I did not know any employees on the skull industry that was listed on his and it says RSP which I know RFP is request for a proposal he said the bid that he submitted so when Marcel Scott was asked by me hey um I think I need to talk with your project manager because in my experience from the construction industry this is not working he's Vishal said I was always given an excuse and never was able to talk to he said Mr Mark or Mike Scott who was the project manager Uncle from Texas he said one day I remember I got so pissed after asking for a couple of months that hey this is not going well this is affecting the other trades because the other contractors were calling me directly this is where they said it the other contractors were calling directly Alabama was still working right Sylvia that's what he's testifying that's what he's saying they were fine hey Mika okay okay Mika good to have you here um Minerva you want your seat in timeout you want just just pre getting time out I got your seat saved so Mushmouth was walking around with his uncle on FaceTime showing the sights of his uncle and that's at best Punky you still to me giving too much credit pumpkin I I don't know if he even showed him the site in my opinion that still takes some effort I just don't see it I don't see it pumpkin that before t-shirt doesn't have a say in the business no one spoke to her and you oh and I always go back to the part when Marcel's talking to the guy that black Titanic always said was living in that trailer out there with them you know the one that took over Tisha desk I always go back to when Marcel said I don't tell Tisha I don't really want to go over the line items with Tisha and the expenses he said something because she'll question it she doesn't know my process or something and I just keep picturing that every time I see stuff like this pop up Miss Island Duncan whoa look let me warn folks in Texas Uncle Scott is a Jackie contractor like his name oh okay okay all right we'll get a civil war okay y'all okay so Michelle like you said he pissed at this point he said on record I was pissed and so he said this is affecting other trades we need help and I was not getting the right response he said one fine morning I got a text message on my phone that Mike Scott the uncle the project manager is no longer associated with the company and he said that was a serious kind of shock to me that made me think on the record here in front of the camera was he ever associated with the project that guy Gino has left this guy has his own business I got you Mary yeah I know he left he did leave he did I just I just laughed because black Titanic said she think he was living in that trailer for a little bit you know Gino got out of there yeah please hit the like button thank you Miss Island Duncan thank you thank you um Michelle said I had the great doubts about that and um he said was he ever he said so you know to answer to your question sir who did William McCullough replace so I would say Mike Scott in my memory he said he was the sad project manager on the site um he said I'm not sure the exact month but his Association was disconnected somewhere in July August September um however right after that I was okay that hey if School industry as a whole is okay to manage the project with the superintendent while he's looking for the new project manager he said so they gave him two or three extra months to find another project manager fast cars trips to Africa loose women Etc is where that money went I've seen you Terry too baby how did Marcel try to scale someone from India they are oh Veronica Veronica uh you know a lot of countries got their people Veronica that's what she thought big black tattoo black Titanic knows now oh but black Titanic knows now got you got you okay Mary gotcha Gino probably saw how Marcel worked and fled quickly right right right right um what did he say he gave him two three extra months he said but by the end of November or mid-november when we found out or when we realized we gave him two three extra months we don't see any results there's no project manager on the site at that time we decided to hire Martin and Kobe so that's where Martin and Kobe came in as an extra cost um to help us with the skill set people um he said meeting the superintendent and the project manager because in my understanding in my experience the project of this size needs a superintendent and a project manager to execute properly I'm like at this point one of the questions do you have for Mr Michelle Shaw because I'm sorry I'm so sorry like do you hear this Gino isn't a fool he has to keep his reputation yeah it seemed like he got his butt out of there um he said again I only knew Marcel Scott at scope he said because all the other people were coming and going and they were like laborers um but they were calling them as a superintendent um he said do you remember if you ever suggested to Marcel Scott or anyone in scope that Mike Scott should not be the project manager um he said during that time knowingly or unknowingly I might have said to the telephone conversation hey this is the time to replace him if he's not coming to the phone if he doesn't have the facts of the project or the real updates of the project then this is a time for a replacement I might have said that I could see that um foreign so basically he said communication was always a challenge he also I clearly remember that he was not even participating in many team calls so I guess he got on a call or two Gino was there for the fake storyline only in my opinion pumpkin I'm sorry but I I feel like that was never paperwork done to really honestly bring Gino on I I agree I agree Martha should just stick to buttering popcorn hey let's be clear how are you oh okay okay the attorney said were there any other concerns with Mike Scott as you sit here today vashal say yes unfortunately we did not have much interaction because of the challenges that I mentioned so there was no much concern but I think that summarizes it okay here we go here was Sylvia I think Sylvia said it was Marcel even over there but uh the attorney said was Marcel Scott on site because he's here in Huntsville he's local in Huntsville um yeah he's local Huntsville sorry there's something about Nashville in here I guess that's where they formed their LLC possibly the skull LLC Nashville's just for the name I think Super unintended is more likely yes um I'm trying to get to the part let's see because they keep that he keeps going over dates over and over and over for the same thing okay so let me establish this Marceau according to Vishal who is the owner of Zen Gardens said that not one Milestone was met on time I think they had three Milestones none of the Milestones were completed on time by scope okay according to the shout Shaw Marcelo were oh probably put butter on stale popcorn I guess Marcel phone didn't work Alabama um so the first Milestone was to give the clubhouse and the first building at certain months and uh it was going to be at least for occupancy and he said that was supposed to be at the end of six months or nine months okay he said phase one building one Clubhouse he said and then phase two was supposed to be building two and four and fourteen garages so uh he said phase one six months from notice proceed let me see second milestone was nine months and I don't know if he said a third Milestone was 12 months from that time that was a milestone timelines they had Mel said in that group meaning Marcel what have you ever completed or she said complete a project he is incapable okay thank you for putting that in there miss Island Duncan you know how sometimes before there's more context for me anyway sometimes things don't register but boy that sticks now that sticks now we got joy the veteran We Got The Barbers we got Zen Gardens and then thank y'all the Trinity that sent it to me I don't know if that was Linda maybe who said that sent me the thing about uh Marcel is apparently building in Mississippi right now for one of the hotels all I said was I'm just gonna wait for them to file a complaint and we shall see Marcel is lazy and want easy money that's what it looked like let's see excuse I'm about to sneeze hold on sorry y'all okay it didn't want to come of course that I muted myself now if I didn't mute myself I was gonna sneeze he's in case of being a husband and father oh baby sharks bottom row so okay so the six month and six month nine month and 12 month milestones were missed um let's see oh and they're also trying to say because this is vishal's first apartment complex development right Marceline and them are trying to say that he was inexperienced and he got in the way just so y'all know um that's that's me summarizing what I I feel like they said um hold on okay he said that it's my understanding it that the contractor is obligated to complete the project based on that set of designs within the terms of the contract which is typically the time and the cost especially the guaranteed maximum price um okay he's asking who reviewed the contract for him and the reason he's asking that is because he feels like Vishal missed a very important part of the contract so he keeps asking did you read it yourself just your attorneys blah blah blah he's asking that he's messing with Federal money playing with fire oh what's that oh that's why yeah you're right because this was on a federal database that part Mary oh you good 41 fit Marcel for in his own way yes um okay so oh they start asking about the material right I'ma send this up for y'all I'm gonna find one good part to read y'all but I'll sum up the rest of this part so the material although see what's happening material didn't get get backlogged for them like that for a long time so it did not hinder their construction although I think it seems like maybe Scott was trying to say that was one of their reasons that timeline got pushed back but the show was like all when he when he finally went to the subcontractors directly they had their material they were good to go on their material uh I'm trying to find it but um I just want y'all to know that in case I skip over it because I'm trying some of this I'm like okay I highlighted a lot sorry about that okay okay is this it okay here it is the material vashal says it says y'all I'm tripping that they're equal opportunity scanners I think projects are money grabs pumpkin that's what I'm that's what it's looking like that's what it's looking like especially because you know the general contractor is paid to then supposedly pass it on to the subcontractors and all this other stuff that's what it's looking like pumpkin um okay it says Rochelle says on our project we got so much stuff from India and China during 2020 and 2021 we never had a problem with delivery he said we're taking 10 15 20 containers of the load he said all the kitchen cabinets quartz countertops and all the apartments including the apartment and fencing he said so much stuff we got from India and China and this is international shipping was affected heavily he said but we did not feel it because we were able to place the order on time with the effect that c did not affect us so that's where he said the material thing did not affect um them okay let me see he's so the attorney said so you're telling the jury that in 2020 there were no delivery problems as a result the shout said in my opinion because we see that in our other subcontract subcontractors they were not having any problem let me see Martin and Kobe were not terminated from the projects let's see okay this is where they're getting into how many bids did you receive I think they're gonna talk about the actual fraud word in a second um okay so it says we received three or four bids um okay and then it says I don't remember the name of the other companies a million dollars I can't I can't remember if they're asking I'm trying to see how how much lower this scope come in than the other ones that's what I was trying to look for but I'm gonna get to his red part okay so Vishal says in my opinion skull submitted a bid that had the lowest number that could accept his bid based on his organizational capabilities to build this project for us um it says in ownership's opinion scope breached the contract and in Failure to perform on our contract could not deliver the buildings on time based on the contractual Milestones he said I don't even know I may have mentioned earlier that I only knew Marcel Scott so it portrayed you know a picture Larger than Life you know how Marseille we see him so Marcel's doing that grandiose stuff to him Marcel was larger than life see what happens when you hire the qualified stuff arrives on time right and the attorney said I appreciate that but tell me was it what is was that was there anyone from scope that said to you that you believe was untrue and he said Miss okay the attorney's like because you sued him for misrepresentation that's where the word came from misrepresentation uh and the child said yeah based on my understanding and the owner's just understanding first of all the organizational structure he said our project did not was not staffed properly with the right skill set capability required for the multi-family project if a child said in my memory the Staffing that he mentioned that he's going to staff the project listed many experienced people I don't remember any of them working on our project except the Uncle Mike Scott he was a remote project manager and Marcel Scott himself is owner of the company he did not work personally on it so he was not part of the employees that were supposed to work full-time on the job so that kind of was a false to red flags to us um this baby shark tell him go check the Scots renovated home that's probably where some of the materials Island Mika said but if he's not completing Milestones he's not getting paid so I'm confused on his game oh no no Mika let me get you back let me get you caught up the money he's getting see that's a separate fee that's what they're that's what he's trying to get his summary judgment for for the Milestone payments but he was getting payments that he was supposed to pay the subcontractors and you know just go out and buy the materials to get the job done so money was going to him but it wasn't supposed to be that he kept it it was supposed to keep flowing from Marcel down to the people that invoice them for their services that's where the money so no he didn't get his contractors fee but it was money going to Marcel yes ma'am um uh okay Michelle says all these resumes and the list of people that he mentioned we never saw um he said like this oh check black to write like this chart he's pointing to a chart he said this is the chart the senior project manager Michael Scott he was a remote project manager then the project manager principal project coordinator site superintendent he said he was not there and he mentioned somebody named John Carroll so most of the people that he mentioned they're going to be on the site were not there he said and this is the first red flag to any construction project including ours if you don't have the right skill set onto the project then how can you execute any project hey Robin Davis how are you I feel like I just saw you Robin oh it's a Time material contract I think so and maybe uh I don't know if it was a Cost Plus Mika as well because I feel like there was something else in there that made me think Cost Plus I'm not sure though but yeah yeah yeah you know those time materials that leave it a little open um uh let me see like it wasn't definitely dependent just on Milestones Mika heck yes check all the Scots um okay so that's where this is where Vishal just says he says so that to us is a fraud and the attorney keeps saying I want to focus on what you claim scope lied about I'm like sir what do you mean you want to focus on this man's been saying nothing but what he thinks they lying about um okay let me see Michelle says I would say as I have been saying since the beginning of this deposition that scope failed to perform on our project in a way that he was not able to deliver our buildings on time with the right quality uh he's another thing Alan I wanted to mention oh Allen's attorney in addition to the right skill set scope did not have the right subcontractors on our project skull hired inexperienced subcontractors on our project which were lacking the capability that is required to execute the multi-family project and because of that we have seen so many construction defects on our project that we are experiencing as of now and this is important he said this may not be the yes or no answer but this is important so the first fraud is the right skill set the second issue um is the employee employing of the right subcontractors to do the job okay black because didn't they recently do some Renovations oh my gosh he was using the money for Scott's personal game for the business allegedly allegedly oh my gosh um let me see I don't okay he's repeating his examples because I feel like he has to keep repeating for the record for the attorney because again that like they said this could go to the jury so um I'm just I'm not gonna reread what he already broke down to us really well and he said he's like look because because he the attorney keeps saying what was the fraud what was the lie and Michelle's like the negligence misrepresentation or the fraud right now in the real world I don't know the difference between the fraud and the lie so I'm not sure how the legal World works but this is what I could say in terms of the fraud and he he laid it out again um I'm trying to see if he let anything I knew okay okay I like this part let's see he said there were many of these lies I'm always on to the site never onto the site I was told by the Martin Kobe guys who were directly employed by zen garden so there were not any specific scenarios that he did but in general I would say he was always say that you're gonna get delivered this building by this date it never happened you're gonna get this thing done by this date never happened so throughout the course of this construction period I don't remember a single thing that he mentioned and he was able to deliver on the date and that goes back to Melody's words about not finishing a project okay oh and this is this was so awkward now he didn't come in the room I think but they were like Mr Scott is here so at some point Marcel was outside of the uh office I guess while he was getting his deposition done okay let's see I'm trying to get to the park with the bank apparently there was no bank I want to get to the actual words y'all but there was no bank that would back uh Zen Gardens because they were like sculpts not qualified except for one bank that Marceau presented to Zen Gardens that was crazy let me see so another part he was trying to say is after I think Marcel possibly won the bid he met with the subcontractors I think to get you know to get to know them more to see how they could work out some things I'm not sure but they're trying to establish that there was no fraud on scope side because vashal did get to meet with the um subcontractors and he also put in his loan statement to get the project funded that he knew the subcontractors were qualified because he met with them and vishal's like I met with some not all and the ones I met with were qualified the lawyer is trying to trip him up right Minerva no that's that's their job right right that's the job he's trying to trip him up yep yep yep Miss ducky what do you say oh yeah allegedly in your opinion um let's see let me see oh here it is about the lender okay it says what did he ask Ed so Michelle said he intended to travel at least 50 from California back to Alabama while the project was being um taken care of and Vishal said to convince the lender who was not convinced for the contractor which was Scopes we knew how he paid for his trip to Africa Alabama we know we know how sorry maybe they put in a second bathroom in black okay Minerva yes there is fried this is some good pythons um and then okay so this is the lender they would not back him because of scope um and the lender was telling he said the lender was saying you are hiring a general contractor are are you hiring an actor who is into the show business and Vishal said now I feel that I think I hired a show business and um and the attorney says that was Scott Sealy told you and vashal said yeah um he said he was able to pull some records from somewhere being a local about that about him being into the show business not into General Contracting anymore pumpkin or that secret Boom Boom Room or tissue's new behind oh my gosh in in the contractor I mean the attorney said let me get my color coding right if Scott silly accused Marcel Scott in scope industries of being an actor why did you hire them and the child said I would not say accused that's not the right word he was sharing with me about his being local that since Mr Scott is local and Scott Seeley is local he was sharing that hey you live in California you may not know about this person but Huntsville is a small town people you know people know so he was sharing with me basically based on the local newspaper or the local magazines that this is an actor Michelle said you can tie that to the misrepresentation that during the bidding process Mr Marcel Scott was giving the verbal confidences to us and to me personally here you go that hey although I'm into show business I'm 100 committed to this project and this is my first project I want to do this give me the opportunity so I can give my 100 and grow along with the general contractor can you hear him saying that I totally can hear myself saying it the attorney said Do you believe anything you said in this October 2018 or 2019 email to Scott silly do you believe anything you said was untrue vashal said the current difference in the bid was 1.5 million between school and the next lowest person he said which makes us lean more towards him for appropriate factor of safety for everyone and he said so you're leaning towards scope because he's cheaper and and Vishal said he was portrayed as the lowest responsible bitter because you do have to verify not an actor right foreign here's the thing y'all with those contracts you really have to prove why you don't go with um especially if this was Federal the lowest responsible bidder now you have more leeway because you're looking for a responsible too so it doesn't have to be the lowest bid but boy if you go for the Higher One get ready for protest delay in project that way so I think he didn't want to maybe do the protest and between how Marcel at you don't really know about Marcel I guess I don't know uh with Marcel I can't but I'm just trying to say how the child may have seen it that I'm gonna go with the lowest so I can avoid these protests from the other bidders if I go with someone else because Marcel could have protested like how can you prove I wasn't going to get these people I represented as these skilled people and you know stuff like that so that's why it's lowest responsible bitter you know um 41 feet he paid for that go back up it talks about West Virginia is that what you're saying hold on let me see how far I need to go back up where am I at Val WV talks about I don't know I'm gonna try to wait for you to tell me what you're trying to see how far up wvwv let me see I don't know he probably proposed himself as a small minority that's true too yes because then if he's a um uh in a disadvantaged area that's the thing then if you have a minority and woman owned so you gotta prove all the reasons why you skipped over all those types of small businesses and that is not an easy task as well so yeah that's probably it as well too yeah yeah I forgot about that you write there's other criteria to meet as well under fed contracts right Mika I'm trying I'm you know I'm trying to give some generals but you're right Mika there's a lot it's very involved and I'm I'm sure do you think they went over this for months I I yeah I don't I don't know but I'm just trying to think of people that's trying to get it it seemed like he wanted to get it done in that year I don't know but it's a lot it's a lot wait on your answer but I don't know what the WV was um he didn't pay much for that it was probably her clearance oh no I see why Melody dissolved anything involving the comeback group best move she could have made right he wanted the actor oh okay let me see um okay leading towards scope because he's cheaper about 1.5 million dollars okay here's where he's justifying the responsible part he said we got him under the impression of the responsibility based on his qualification that he presented to us so that's why construction industry and it looks like you have a lot of experience into that when the owners talk about that we always say responsible after lower the lower bidder does not work the lower responsible bidder works that's why you hire the construction company all the all the subcontractors are local and solid in the business since over 10 years minimum including but not limited to the major work site work framer mechanical electrical and plumbing and he said how'd you know that he said I was told by Marcel Scott um okay due diligence is limited to the general contractor women owned um that's the only reason tisha's I think her name is on there is owner or one of the only reasons in my opinion because women owned gives you an one more leg up a year is plenty of time to build that it it can be it can be um look I I'm not in construction so I ain't gonna say too much like I just know I but yeah I I mean that's why they bid for the year so it was supposed to be doable okay I'm we don't care they're still trying to establish I'm just gonna say this he keeps asking about when the when C happened as far as after the notice proceed to establish the delay but again as y'all I think somebody must be there in Alabama too but as y'all have said and as it has been stated Alabama was one of the least affected and because it was outside work things were still going strong for a lot of the construction sites in Alabama just not where Scott was working apparently okay so this is where the attorney says no portion of the fee has been paid as we see here today has it and that's we're talking about scoltz fee and Michelle said no because the contract's Milestones had not been reached so that would have been their fee or their and since Mika is in here and Mika tell me if this is what you're thinking too but fee is also another word I think for prop uh not profit maybe but it's separate from the other part of it I think fee can also mean profit but I'm not sure it's something else it's like I can't describe it but Mika might can give us more because I feel like Mika knows something about some federal contractors so um yeah so the fee was not paid because it was um let's see yes yes this is why they're trying to get into Mississippi as well for that grant money under the criteria black owned women which is where Tisha comes in Miss Island Duncan okay girl down here hotels come up in a year and apartment complexity suit okay Minerva thank you thank you for adding that talk about a bank name uh something eat something Bank oh oh I skipped okay okay I'll try to find it Wu child clearance rack peaches not clearance rack peaches yes Tisha being listed as owners considered a double minority bid right love love key okay let me okay so I'm at page 47 let me make sure I'm trying to look for that bank name um uh because it was the only bank that Marceau brought in that would do it let me see okay somewhere with Scott Seeley they mentioned this thing I'm pretty sure thank you oh man I know I'm close sorry y'all I might have to find it later just to keep our timetable I'm sorry you say Eva Bank was it Eva thank y'all okay I cannot find it let me do uh let me do control F let me see oh I'm on the wrong wrong tab hold on let me try here see if Eva bank is it I can't just type the word Bank too so I've heard of Eva bank before okay okay let me see if we got Eva in there no okay let me just type the word Bank oh there you go look Eva bank I guess it was I don't know why I wouldn't just come up but yeah in the you see it's it's mentioned here uh page 50s oh Lord I don't these notations I did not get myself familiar with these notations maybe 163 maybe page 163 let me check let me go back hold on I see Progress bank Redstone Bank then it goes back to I see Eva bank but not on the actual page sorry y'all hey t-talk yes you caught alive and girl you caught a good one we over here on zen garden too girl yes you caught a good one okay I remember I was on page what page I say I was on y'all one one this is what happens I should have just wrote it down we over here trying to say but even y'all saw Eva Banks I gotta go with y'all's word Okay so I think 47 on the PDF I think over half we're way over half y'all just in case you wonder how long you got to be here we're well over here and I'm skipping a lot just to get the good good stuff because I see come on in the room it's the evil down the street in the side south side of Birmingham from where I am now okay because all I know is they said Marcel had to bring them the bank that would approve him and I wish I could find that part again but I don't know where I saw it dang okay y'all but we got more red so it's okay um okay they had to do they tried to do two audits on scope somewhere in there that 47 page 47 oh yeah I stopped at page 47 thank you thank you okay see if I go too far okay okay so the contrast Milestones hadn't been reached um he said did you have any in-person meetings through the course of the project with Mr Scott Michelle said yeah almost every two every time during my visit here so if I'm here once a month for three or four days I don't recollect exactly but I'm under the impression that I meet him almost every day because when I'm in the town I see him mostly on the site during my visit they said did you just discuss things like invoices for material that was being ordered for the project Michelle says I don't recall hold on let me catch up now that I'm on the right page training I need to see that paperwork so I can see some stuff I'm a nerva let me make sure to check with my legal eagle if I can't just to see how to do this because you know you know they've vindictive but I can tell you how to get to it if I don't want to actually do the whole Trail myself but let me check with my legal eagle uh my number but either way I'll make sure to show you how to get to it okay look at like page 38 okay okay that was far far back I think we might have to miss it Val I'm just going to go off of your word just so I can make sure I get through the other stuff and then if we can if y'all still want to stick with me we'll go back and look for that bank specifically but just to stick to my timeline because I will I'm like squirrel squirrels oh okay so where am I at here okay uh uh let me see okay so they had two audits he said basically the both artists were unsuccessful because when they were asking for invoices and things from scope they were like about to just passed it oh man oh they were like giving them just this mumbo jumbo stuff that both times the the formal audit was being conducted it was like inconclusive because they couldn't make sense of the material they were giving them that's what is in here about the results of the audit um okay okay so this part with the audit Michelle said uh let's see I can say it well I'll just say this he was never able to do that which was getting the invoices and the paperwork because the records were given but they were not in a fashion that he could analyze and put some report together ah thank you 4150 so he was employed by the card group okay who who's he saying he so when you paid him for it who are you sending the checks to um Michelle said they were employed by the car group so he sent the checks I guess to the card Group which I got that right here for y'all in the breakdown who the car group was um let me see the attorney said if I'm going to send somebody a subpoena to get the audit who do I send it to Rochelle said that would be the card group but again I'ma summarize it the the I didn't never finish because it was mumbo jumbo um okay then they said why did you get basically why are you getting this extra fee why are you doing an additional role all this stuff Vishal said because um hold on how do you ask this question okay he sorry I'm just gonna give a child's answer because sometimes the way the attorney you know be asking the questions y'all I'm sorry she said I'm mesmerized to Latrice thank you enjoying seeing evidence of dysfunctional right right right um okay so but y'all said I was originally overseeing the general contractor right and their people the superintendents he said my role as a premier project man did not get changed he said I love Rashad he said let me clarify because that's important the general contractor's role was to oversee the superintendent the project manager and who are overseeing their subcontractors to pay all the subcontractors and the vendors he said my role was essentially as a general contractor role never got changed he said because he said after I think March or April after Martin and Kobe got hired I was still overseeing so my role actually got doubled because I was now overseeing the superintendent and the project manager Through The Eyes of Rochelle chovsky excuse me who was the owner's representative he said he was mostly helping until the owner procured items locally over there and then I was also processing all the invoices that the contractor would have been processing and the contractor is scope and he was processing for the first eight or ten months he said so I was processing so I was having actually wearing two hats at that time because my role got doubled so that's him explaining his money you just passed it slow down it's a delay too Val so by the time I see your message I'm somewhere else bottom row so better start ponding them new fronts great info that the Scots wouldn't dare give us right Sylvia right right right all he can say is we don't know nothing we blah blah blah all right all right I'm just reading what's public record um who suggested that Martin and Kobe be put between your company and scope was that you or was that Marcel vashal said it was me he said it was the interest of the project um oh thank you to you know I love somebody with TNA saying some tea I love that no problem to miss for chicken um okay so it says Michelle says as I mentioned to you earlier the general contractors was mainly responsible for the contract to provide the right skill set General Contractors Marceau he tried to hire the right skill set during the month of August September October November but when we found out that it was not working or we were not getting the skill set we got the reference for the Martin and Kobe who are very popular in the area to basically provide the support on the government projects okay there this is where they're trying to say he micromanaged because the attorney keeps trying to ask well who suggested you put the card group between you and scope was that you or was that scope and um basically it was Michelle he was like I decided based on the on the evidence and the events I've just been saying for the last you know hours but that's all I'm sum it up as he decided because of the lack goodness okay this is where they start kind of joking I just put that in there where's my comments say oh yeah the attorney was trying to disarm Vishal with humor because um the shot or the tiny the skull attorney was like naturally you're through with your lawyers unwarranted objections he's like I'm joking I'm joking and then Mr Rogers who is vishal's attorney zingard's attorney he was like I moved to strike and then the attorney goes back to um saying uh when they hired Martin and Kobe so do the Scots really have a counter lawsuit no no the Scots have the original lawsuit too Latrice they sued Zen Gardens first they are the plaintiff the Zen Gardens I guess was gonna let them slide but now that they're getting sued they are counter-suing the sculpt or the or the skull skull Industries the incompetence of it all is right yeah no no school started this lawsuit like you started this lawsuit with all this paperwork you are you're crazy in my opinion um okay now let's see here project and the reason it was increased because from that point oh okay okay so this is where Premiere project okay he said Zen Gardens also hired Premier project management uh for additional management of subcontractors why did you hire yourself for additional management when you hired Martin and Kobe okay cooking and sugary coffee and Beignets in the back kitchen we need some snacks for this tea right yes if Marcel did his job correctly they wouldn't have had to hire additional people exactly who's going to spend an extra hundreds of thousands of dollars for no reason it had to be Maurice to tell him to do this and let me get y'all the other reference so y'all can see who has what company so that's who has those companies so they're trying to establish that vashar was doubling triple paying himself but vashar was charging his LLCs accordingly and auditably I don't think that's a word but able to be audited he was going above his original scope of work that's why Vishal is charging more I'm sorry that he's smart enough to own the llc's they have the different roles I don't know what to tell y'all D21 Eva Bank okay okay okay and it's it's referenced in the in the dog on um index two 41 feet I'd have made me a wrap around now I need to make a weekend trip to NOLA um so he this is the attorney they keep trying to establish he overpaid himself he triple paid himself but I'm like he's telling y'all each row and I want y'all to remember that they're just trying to trip him up verbally because the man has already provided all these things which is why there's exhibits and all this other stuff with the invoices and the documents and the numbers broken down they're just trying to trip him up verbally um in my opinion fees are also incentives for contractors right sorority so the fee the incentive you don't get the incentive if you didn't meet the milestone in my opinion you miss every Milestone 100 of the Milestone scope missed why would you get a fee you didn't you that was your incentive to stay on on Time right so no um okay let me see so the Xiao says you would like to know what's the scope right here we go with scope scope of the job come on um scope of the contract so I was the child said so I was mentioning a minute ago that after hiring Martin and Kobe my work as a construction manager that I originally started with Premiere project uh management to oversee the contractor that work has increased the scope of his job in that role increased um because from that point on the general contractor sculpt was not paying directly to the subcontractors he is testifying the that sculpt was not paying their subcontractors he said so I was responsible to pay and look at all the subcontractors in voices on a weekly basis so that was an additional work to my position that's why there was a change order executed um or the premier project management charged Zen Gardens LLC for this additional service I was afraid to respond didn't want to get my head taken off oh sorority I'm sorry if it seems like I'm actually being mad about something I'm not I'm only mad at Scott at the stats I'm not nobody I'm so sorry if I came off that way I get excited about the information but no no no you are just fine sorry sword D21 I I thank you Mika um you whoever wants to come in here and give us a little bit about contracts live laugh love be working on contracts yes because I love Contracting stuff so no no you are fine um so that was an additional work to my position that's why oh I said that sorry and see how he keeps asking the attorney keeps saying now Premier project management which is you was already working on the project prior to Martin Kobe being hired sir he's telling you he has to do extra work safe space safe space I'm sorry oh let's see uh and Vishal again says it's also acting as additional work to pay the subcontractors directly he said first he was only responsible to construction management now he's responsible for paying them oh yeah yeah sorority 21. um and it says when Martin Kobe was hired and when skull industry stopped paying the other contractors we were responsible to pay all the contractors even to the cleaners not just limited so that scope of the service was extended a lot and I'm like did you mean like cleaners like dry cleaners I'm sorry it's 83 in Seattle I had to get some water and ice cream oh thank you for liking it Michelle tough thank you for coming back we love the bush dwellers too yes we do skull starting for 250k now being countlessly for over a million greed thou B yes thank you you that's exactly like the the nerve I I can't I'm like do y'all know uh nesto because the audacity of y'all is crazy um let's see okay he's explaining why car group didn't stay the whole way through let's see okay it says when you executed this change order for the additional services from Premiere project did you tell anyone from sculpt you were doing that I'm not gonna lie to you I'm like at this time what would you talk to them about they not doing nothing wait did you bring us some ice cream Mika said Bush toilets I like it I like it um he said it was internal between Zen Gardens llc at that point in our understanding because sculpt was not paying any subcontractors and all the subcontractors were managed by Martin and Kobe so at that time it was into the interest of Zen Gardens LLC but yes skull Industries was always in the loop oh oh this oh y'all this is just where he got a little sassy a little spicy and I loved it this ain't got nothing to do with the case this is where okay Michelle check the attorney of scope about being on his phone y'all Mika ass Trenton I'm a bush dweller everywhere else oh yes oh yes not at all meant as a uh as a bad term yes Bush dweller for real for real so Michelle tells Scott's attorney I'll wait until you finish your phone and the attorney's like sure no no go ahead Michelle said no no and and the attorney said I simply want this question and Vishal was like I want your full attention so phones sometimes are distracting right awesome God no the attorney said my phone is fine sir I can't I can't wish I could I was watching the video as this happened I love it Michelle is so like classy to me and I just love the little bit of a little bit of something there I just want them to get got I know pumpkin I know and and maybe the decision's already been been put in there because I I want to see the answer to the summary judgment request so sculpt did the summary judgment request based on this deposition we're reading and then I want to see and I've already read there um I've already read that but I want to see did did uh Zen Gardens answer their summary judgment did they put in something because according to my legal ego I think that they have so much time to answer it this channel is welcome oh okay okay so um so there's another change order they said I didn't we did not telescope about the change order at that time but it was evident that all the subcontractors were still working on our project and they were getting paid directly from the owners you know Zen Gardens come on Checkmate Checkmate yes and speaking of Checkmate y'all I got to go over there to shara's realities live and she calls our people checkmates I think right checkmates she I liked her live I've watched her stuff from the bushes um but I never got to see a live like be in the live and I really enjoyed it I I did so Char's reality was a cute cute channel uh we already okay so Vishal says we already signed we already sent a few letters to scope industry in February March oh sorry I gotta read this question when you did the when you executed the change order did you tell school at that point that they're in default under the contract and Vishal says we already signed we already sent a few letters to skull industry in February March and April notifying them that you are into the default of the contract and you have responded from he's talking to the lawyer the lawyer's name is Alan Anderson and he's telling the lawyer you Allen responded from Allen Anderson's office are the couple of responses that we get so during that same time this thing was taken care of so thank you for shout out Vishal is on it I love how she says welcome to the chat oh yeah how did she do it what is hold on I just saw I just heard it dang I'm about to hear it again cause all we got to hear that once but I was enjoying myself when I was actually in there listening to it but yes I would be when I get it down because she does she has like a little is it like a jingle thing or like I don't know Bashar and Char is really cute to me I love her voice um okay let me see dude oh oh oh okay so the attorney says so you're telling me this change order was issued after the February March letters or before he says something around that time not exactly um where Martin and Kobe was hired and then he said I will add more one more thing how Zen Gardens or Premier project management pays the subcontractors in our opinion is none of skull Industries business they were the general contractors but we wanted to make sure that either they get paid from Zen Gardens or from Premier the most important was that they get paid to complete the project sir Standing Ovation to Michelle I didn't sleep with you last night right honestly with you last night yes Marcel wanted that money to build Bedrock Val vowel if we start seeing some real movement on Bedrock I'm loving vishal's pettiness Puckett are you seeing it that's why I was like y'all this is an interesting read Because Vishal vashal made this thing Pop I didn't sleep with you last night Char yes that's Char I love it Checkmate yes I was subscribed so I think I'm a checkmate okay um this is where the attorney again is this additional feed being paid to your company sir it is Michelle said of course that's part of the damages because we feel that when it's supposed to be done by the general contractor but he was not able to do that so someone had to do it it's Michelle hilarious okay the attorney said can't we agree that it would have been scope's business to know that you were absorbing more cost you were trying to pass the scope later Vishal said so the way he knew about Martin and Kobe that this is an additional part um you know to complete the project and not even to that point Alan which is Scott's attorney that there is lots of other different construction materials that we procured over the time we hired that that was also part of the cost overrun right that was also additional so I think this is the one bag of the cost overrun Vishal you better answer them questions let me see he said with scope over budget anywhere I hate this question I hate it I see what he's trying to do how they gonna be over budget if they ain't even spending the money I guess I don't know like I hated the question Michelle said we don't remember so I don't remember at the time because Martin and Kobe were brought in November December um which is at the nine month or ten month Mark so there was a cost overrun into the project and certain trades during that time I don't recollect the exact that's why we tried to provide you the reconciliation sheet into the detail which can categorize or sub-categorize all the costs laughs he asked it again when he asked against the change order was go over budget anywhere but shout said again and answer his question again um let me see oh okay oh this is where they okay it says when you executed this change order for Premier project management was there any subcontractor that you can identify that had not been paid consistent with this payment terms with scope and Vishal said so I don't recollect any specific names as of now but I do remember that there were two or three contractors that put a lien on our project because they were told that they did not get paid from sculpt Industries on time I'm sorry they told us they did not get paid from school Industries on time and we had to pay them separately in order to release the lien and for them to compete continue to complete the project so it was held hostage they didn't even completed anything or did anything so skull a over budget for Jack the shot the right Michelle need a spot on love and scanners of Huntsville someone else needs to help mail straighten these Jokers out yes can we get him as a friend of the shower just like a little little Cameo come on hey Sean hey oh my gosh okay y'all we are actually in the last 10 to 15 of the deposition just to give you an idea of the progress sorority 21s that correct okay okay yes okay um this is a petty question to me do you know Premiere project and let me get y'all back to this reference over here on the right do you know from your project is registered to do business in the state of Alabama would I tell y'all that ain't got nothing to do with nothing to me I mean I know it does like you know I know what he asking but I'm like this is you doing and Michelle said I have to check the paperwork but this is a California register company um he said I think they get some kind of kind of a foreign certification when they're out of state because we did that for Delaware entities now he skipped to I worked for the government and I deal with government contracts okay so Roy D 21 stay stay with me stay with me soror because I got you and I live laugh love and I think Mika I think Mika and I love to to help me fill in the blanks on this and um I feel like 4150 she sees a portion of this in some ways but yeah yeah stay with me to help me out um okay he's so now he skips from can you can your business operate in Alabama to do you know how much you withheld and retainers from scope Michelle said yep it's somewhere around 275 000 somewhere in that range come through sneeze um and the attorney says so you're still withholding that and the show said we it was part of that lean invoice right that's in the dispute so yes we do he said okay you've not paid it to scope it's my question Michelle said it has not been released to scope yet and however he said the retainage that's around 275 000 that retainage is part of the sculpt's self-perform work that was not released however the retainers from all the other subcontractors were paid in full to everyone I used to work in federal government contracts but I do i t contracts now okay Mika I could I could tell by you know when y'all be saying something I can tell she talk I'm getting my whole life she said you was loving this she thought I love going through a good legal document especially if I could actually understand some of what's going on I love it I love it the Scots was trying to dismiss the case and zen garden said no they're in trouble now right now well wait wait wait wait wait let me take that back Mary I don't think the Scots were trying to dismiss the case they were trying to get a summary judgment from what I saw foul so did you see a file for dismissal because they were asking for the summary judgment which is their 275 thousand dollars that's what I've been reading so far um so let me know if you saw something else trade at some point it was not addressed to you I voiced my opinion in another CC chat and was attacked I'm always listening love your page sorority 21 okay because I was like I know I'd be getting a little hype over here gotcha got you okay yes because I need my contracts people this won't be the last time we talk about some contracts um let's see let's see uh okay we need something to stop up this tea let me see so Vishal said they were not paid in full they were not paid in full except oh it was another company sorry they were talking about the card group was paid everything except the last month because they didn't need them the last month or something like that he said why were they not paid for the last month Vishal said because I felt for the last month was not performing based on the expectations so we did not pay him although he is the son of our partner because professionally it's not appropriate to pay someone who is not performing and this is where I just kept growing to really like Michelle trend is doing an amazing job of bringing facts thank you so much you don't when I tell y'all how nervous I was to do this because it's only paper it's just so thank y'all for the feedback if you don't think I need it I need it I do so thank you um and then let's see he's the attorney said but you as to sculpt you've withheld the retainage thus far I think you said it was 275k and then the general contractors fee you've also withheld that Vashon said yep he said yeah but I'ma stay yep the party said and so if I'm looking at this we could tell for example the generals contractors fee was 350 000. nothing's been paid on that because it says zero percent and Rochelle said correct and you know how long was y'all been answering these questions he give long answers now he said you got it uh-huh you see it I didn't highlight all of it but you see the um he's done and then come in the bushes with us until we're ready to peep out that's right yes also another blogger showed that they tried to get a dismissal and a judge said no thank you Mary and when I tell you there are hundreds of documents not well maybe not hundreds it's it's hundreds of pages there's tens of so many documents that I probably missed that Mary so thank you for letting me know we need to create a petition to hire Michelle right right um okay so then he said and you've got design fees here Michelle said uh-huh and there's a cost overrun of fifty thousand dollars uh-huh what does scope have to do with the design fees Michelle says so we'll have to go back to our records on that but this could be because of the time overrun or some kind of a designing thing I have to go back and check uh what the scope have to do with that and the attorney get a little smart get a little smart you didn't hire scope for Design Services did you and Michelle said no no no we did not hire but we feel that because of the cost overrun and the time overrun into the project the designing was affected at some point I could see that actually always in the bushes denied bottom row so denied [Laughter] um the attorney said then you've got construction project management fees the contract called for 257 000 were those the fees that were being paid to your company see he trying to be like but how you get your money you know to facial because that's the child's money and Michelle said excuse me Michelle said a portion of that would be yeah I don't recall the exact breakdown let's see um the attorney says so the 270 is going mostly or entirely to you Vishal said I would say that yeah yeah mostly but not entirely but yeah mostly could be possible and then you actually paid 551 000 who was included under what you actually paid he said obviously your company Michelle said but it would be my company because that's a line item for the construction project management he said now I have to check back uh whether Martin and Kobe or the car group included is included in that or not because I don't recall but that's a part of the cost overrun that lawyer got a little fast enough that's what I was decided when I was reading I said Michelle Bashar got look he he got a little fights to it I I like it um the target said did you ever condition your payment of the general contractor's fee to scope um let's see refusing to I'm sorry I'm trying to read how he how he asked this refused to provide it unless they refused to even talk about unless they provided the closeout binder Michelle says say that one more time the attorney said did you ever tell scope you wouldn't pay any monies whatsoever until you receive the closeout binder Michelle said so I don't remember the exact words that you're asking me but I do remember having the conversation that the project is not completed until we receive the closeout binder according to the contract now here's where I was getting a little again annoyed with with the sculpt attorney because I don't know what a construction closeout binder looks like but the attorney is trying to reduce it to oh so since they didn't invoice you you won't give them their money but it's like invoice can be very intricate and you're trying to make it seem like a a um basically like a dry cleaners invoice or whatever like I feel like they have to show you the money Trail so they can actually you know get the money they're owed I I feel like the attorney is doing a word play game with with the question because he ask it like five six times um the attorney says let me ask you this if the project had run on time according to you and he said we looked at the project thing at the six months the nine months the 12 months assuming we agree with that how is the general contractor's fee to be paid will start to get any money after that first phase one um that six month deadline and the child basically said yes because he said after the buildings in that first phase were constructed vashal said uh-huh and he said scope didn't receive any money and Vishal said oh hold on let me see you know what's crazy with the right production the Scots could humanize themselves by admitting their green to all this and has and have made mistakes instead they chose to lie and give fake right right Hey Soul star how are you I'm sorry y'all so Vishal says scope did not receive any money in other words those first phase of the buildings did not complete on time and we as an ownership never received the invoice for that portion of the fee from scope we did not receive the same thing at the end of the second phase all we received is the invoice for the scope fees at the end of the project which is right so we never received that attorney said Mr uh Mr Shaw the first phase was completed at some point is that fair is that reasonable he's saying yeah and as I said when the first phase was completed you didn't pay scope one dollar the general contractor's fee did you and Michelle said so we pay to any contractor when we receive an invoice we received so whenever someone does work for us just in general whether it's a construction or pharmaceutical or anything or in our house someone does the work for us and then he sends the invoice right he said he the scope was sending us the invoices for all the subcontractors and we used to pay them in full every month we never received any invoice for the Scopes this fees um I'm sorry not sure what he's trying to say so without receiving the invoice how do we pay them the attorney said so are you suggesting to the jury that you didn't pay once the first phase was complete how much was he supposed to get paid for um vashal said once again we never received the invoice from school industry whenever that first phase was completed uh Michelle said oh he said how much under the contract should school have been entitled to he said we have to look at the contract I don't remember right now um Mr Rogers which is Zen Gardens attorney said 5.1.1 is the contractor's fee um so Vishal says okay so 125 000 upon the phase one a 125 and then the remaining he said okay so 125 125 that's 250 and then a hundred thousand dollars and the attorney said if I understand your testimony correctly you're telling me that you didn't pay the 125 000 because scope didn't ask for it Michelle said we never received any invoice to pay that so the first invoice needs to be received in our opinion to release any payment oh okay okay um he said and then scope used to list all the self-performed work that payment goes to him as subcontractor as one of the subcontractors he says so say out of these 10 people if there are three major contractors the three major contractors get paid from Zen Gardens directly and the remaining seven contractors whatever that total payment was say a million dollars we used to cut that check to school Industries and scope used to pay their subcontractors the trade said how do you decide he explains to him what major contractors usually are which is a framer electrical Mechanical plumbing roofer stuff like that and the owner paid them directly okay they're also claiming loss of revenue for the rent they could have gotten had the project been completed on time um and he was asking how did you calculate that they went back and forth about the calculations um oh this is this is the attorney hit the Heat this is where he think he he got it he got it um he said let me see how he put this so basically there was something the attorney wanted to go over and Zen Gardens attorney was like yeah you never sent me a copy of that or something and then Mr Anderson which is Colts attorney said yeah it's the Smoking Gun that wins me the case so whatever so exhibit four is the Smoking Gun that wins in the case I should say pow pow I'm sorry and uh let me see what he's trying to say oh he's talking about the waiver the waiver part so I wonder why they submit the invoice why didn't they submit the invoice the invoice must be it must be detailed because if it's just a simple put the total at the bottom of a piece of paper with your letter head I feel like they would have submitted that right soul star so it has to be detailed that must be why they not submitting it um um let's see so there's a modification I got my contract people in here now so I don't want to skip over this part I'm trying to make sure let's see trying to see so the attorney says who actually did the modifications and and he's like who actually did the typing to modify an attorney said sculpt didn't make like Marceau didn't make any uh of the changes did he Vishal says so again I don't remember that because this was three years back so usually in my understanding and the practice is when attorneys talk we send our red line version they send their real live version and that's how they ended up with the last version that's ready to sign okay okay let me see let me see what is this attorney saying okay so the attorney saying the contract so this is this is what the attorney's reading off of the exhibit this is his smoking pow pow sculpt used old materials from other jobs that didn't have any line dinosaur receipts two Latrice that makes sense I could see that that lawyer is bluffing right Mary that's what I feel um and this is his sticking point this is where he spent hours from nine a.m in the morning until they finally about at two something in the afternoon this is really what he was trying to get to the whole time we got to talk about this waiver paragraph why wouldn't they provide the invoice I don't know I don't I don't know um okay so the attorney says this one has a change I'll read it real quick he says the contractor and owner waves claims against each other for consequential damages arising out of or relating to this contract this Mutual waiver includes damages incurred by the owner for rental expenses for losses of use income profit financing business and reputation for loss of management or employee productivity or the services or of the services of such persons did you understand that term was in your contract so the lawyer scost lawyer is trying to say you cannot charge for the rental expenses y'all would have gotten because you have this paragraph waving that in your contract now that part I don't know they're gonna fight it out I don't know for sure but I think the whole thing though is go or Zen Gardens is saying yeah but but we were frauded so that kind of doesn't matter if the whole thing started out in a fraud foundation so that's what I think that's where Zen Gardens is coming from um and he's saying some English and legal terms is where he's like I'm not sure about consequential damages I'm not sure about those terms that's what Vishal is saying um let me see Michelle said so in my understanding the losses of the youth is basically the previous topic that we were discussing that hey if the project is delayed by six months that's a loss of the use because we were not able to use that property um okay this way start talking about the 1500 calculation per day and they were doing their math and Vishal said he loves his math he's done Mental Math he said he survived off being able to do math for like 20 some years that's like one of the things he's helped him in the United States this is just so telling us to how the Scots handled business school in my opinion is damaged goods yes Miss Island Duncan yes I feel like this all this is is providing the details to what we I promise you have already heard in general uh let me see okay okay then um rachelle's lawyer tries to clarify a question and he's saying to your knowledge is is it your claim for is it is that is your claim for liquidated damages based on that provision of the contract and Vishal tries to explain again because the way the question is being asked I don't know if it's being oversimplified but just so you know he's kind of trying to describe his math again um let me see okay oh oh thankfully his attorney was alert because Scott's attorney was like I think some difference came in for like a million dollar deal and Mr Rogers which is then guards attorney said no because if you roll over I think it's time I like roll the paper over it goes into a 900 000 shopping center so and then the with the other lawyer was like oh yeah yeah so I think he was trying to add some numbers in there they didn't have an invoice as it was said they used all materials to shine old Cricket Marcel Park allegedly allegedly allegedly um okay does sculpt receive any extensions of time on the schedule for any reason and zen garden says so we have never seen any requests for the extension from scope so sculpt didn't even get bothered enough to put in writing to request an extension of time they didn't even get it in writing to just at least you're delay it you know you're not doing stuff on time and you don't even put in writing can we request an extension because in construction it's kind of expected sometimes they didn't even do that Joyce case let's see Marcel is a movie theater manager he has no knowledge of what he is doing just smoking mirrors I think what happened is when Melody tried to show them some stuff they took the little bit she was still trying to teach them and ran and just jumped over and just went into some crazy stuff no just me trying to piece together if all you needed to get paid was an invoice would stop them from providing it right right Mary said oh allegedly um let's see so the attorney asked again they didn't ask for it in writing did they ask for it orally now we go back to this because y'all we love talking about our lawyer stuff like we you know we just be shooting the breeze but if your contract starts out in writing especially Federal contracts I don't care what you asked for orally your modifications and requests needs to be in writing they have to be in writing you can't go back and do oral hello oh hey Linda Lovely Linda don't worry don't worry he he probably didn't know to ask for an extension nah Sylvia nah Sylvia don't you try to give him that out don't you do it Sylvia no no um so do they ask for it orally Vishal said I don't remember orally because it's two three years back but I would assure you that we never received any requests for extension of the time from scope similar to the payment for the Milestones one and two we never received that YouTube MVP Linda gamble yes sorry y'all hold up one second okay okay um the attorney asked do you think [Music] at the times you were saying that y'all spoke daily discult say we need more time for whatever reason I'm sorry even if he did this is a federal contract I don't care this is me saying it I Vishal said I don't remember as of now um when you say you don't remember you don't remember if he did or didn't or you were you remember that he did not he said so I don't remember that he ever asked me that we need more time and then that's where they finally ended it at 2 54 p.m deposition came to an end whoa y'all we made it through we made it through y'all actually stuck with me my room my office is hot right now all these machines going you know martief is the smartest person we made it y'all that's it we are at the end I'll go look and just see if they got the exhibits attached to this document but that's it y'all what is it we got through it yay oh God I know y'all wanted me to look for Eva Bank too but yeah that's it as far as we got to read through anything else but Shaw held his own he held it down he held it down thank you 41 fit thank you for my son went to Africa doing construction possibly possibly oh oh my gosh thank you I'm I'm going back to close to where the evil Bank thing was we good though we made it we finally made it Marcel is a trash business man it's a Dustin fiber company so he's a found bankruptcy and probably go out of business let him tell it Africa Alabama thank you to Latrice okay let me go up just a little bit I'm trying to find that doggone Bank thing yep he did go to Africa during that time wow deshonda they aren't going to win this case it's an old official better get ready for that orange jumpsuit man laughs oh man I wish I wish I could remember I don't remember where I mean I saw it in the index evil bank but I didn't I don't know where I saw it you know anywhere else y'all sorry um [Music] oh she's got six let's see one oh oh look at that here we go there's there it is that's one of them okay in the refinance was from Eva Bank to Redstone so they refinanced from there I cackled that la fisha all the letters except Eva bank they financed us that's the one skull introduced them to evil Bank there y'all go there you go we got it there's Eva Bank we found it 81 likes 50 in the chat thank y'all that that left a like behind I appreciate it okay y'all I'm Gonna Let You Go I know chitch has probably about to be live or is live Marcel told them he was a star he sure did I have learned a lot thank you lady queen thank you so much I'm so glad y'all um it'll I don't know when but you know part two will be their request for summary judgment we'll go over a scope side and the rationalization is is hurting my brain thank you Miss Island Duncan thank you Mika thank you so much all right y'all I'm gonna rest my voice and play this outro song and I will see y'all tomorrow for sketchy Saturday if y'all decide to come back yes thank you so much thank you 41 fit and Linda for modding for me and thank you Shan for popping in I know you busy Marcel is a falling star was he a star he was following something I'm kidding thank you to Shonda thank y'all okay y'all play the music see y'all soon sorry bye [Music] [Music] foreign [Music] foreign [Music] mm-hmm foreign [Music] together [Music] [Music] [Music] everybody