HomeMy WebLinkAbout03-6043EASY DOES IT DRYWALL, INC.,
Plaintiff
VS.
R.A.S. BUILDERS, 1NC.,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003
CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
EASY DOES IT DRYWALL, INC vs R/iS BUILDERS, INC Complaint / DISK 64 / November 5, 2003
EASY DOES IT DRYWALL, INC.,
Plaintiff
VS.
R.A.S. BUILDERS, INC.,
Defendant
)
)
) PENNSYLVANIA
)
) NO. 2003 -
)
) CIVIL ACTION - LAW
) JURY TRIAL DEMANDED
COMPLAINT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
CIVIL TERM
AND NOW comes the Plaintiff, Easy Does It Drywall, Inc., by and through its counsel,
Michael L. Bangs, Esquire, and in support thereof files the following Complaint:
1. Plaintiff, Easy Does It Drywall, Inc., is a Pennsylvania corporation with its principal
place of business at 5263 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania,
17050.
2. Defendant, R.A.S. Builders, Inc., is a Colorado corporation with its place of business
at 180 East Hampden Avenue, Englewood, Colorado, 80110.
3. Plaintiff is in the business of, among other things, the installation of drywall.
4. On or about July 3 I, 2002, Defendant entered into a subcontract agreement with
Plaintiff for certain work to be performed at the JC Penney Store in the Park City Mall,
Lancaster, Pennsylvania (hereinafter referred to as the "Project"). Attached hereto and marked
as Exhibit A is a true and correct copy of the subcontract agreement.
5. The original contract was for a total amount of $42,850.00.
6. There were change orders in the amount of $16,942.25. Plaintiff invoiced Defendant
periodically and was paid a total of $33,386.75.
7. Plaintiff performed all of its work under the terms of the subcontract agreement and
the change orders.
EASYDOESITDRYWALL, INC vs RASBUILDERS, INCCompIaint/DISKO4/November5,2003
8. All the work performed by Plaintiffwas in good and workmanlike manner and was
accepted by Defendant.
9. Defendant acknowledged the acceptance of the work by the payment of the periodic
invoices and by letter to Plaintiff wherein it indicated that the outstanding balance would be paid
in full. Attached hereto and marked as Exhibit B is a true and correct copy of that letter.
COUNT I
BREACH OF CONTRACT
10. Paragraphs 1 through 9 are incorporated herein by reference as if more fully set forth.
1 I. Plaintiffhad a contract with Defendant to complete certain drywall work as
described in the subcontract agreement at the JC Penney Store in Lancaster, and also completed
additional work in accordance with change orders agreed upon and accepted by Defendant.
12. Defendant agreed to pay Plaintiff for the work performed on the Project in
accordance with the subcontract agreement and in accordance with the change orders.
13. Plaintiff submitted invoices to Defendant for the work completed.
14. Defendant has failed or refused to pay Plaintiff the outstanding invoices submitted to
Defendant for the work performed on the Project.
15. Defendant has breached the agreement with Plaintiff by its failure or refusal to pay
the outstanding invoices.
16. Plaintiff has been damaged in the amount of $26,405.50 as a result of the breach of
subcontract by Defendant.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$26,405.50 together with interest plus costs of suit.
2
EASY DOES IT DRYWALL, INC vs. RASBUILDERS. INCComplaint/DISK64/N~vember5.2003
forth.
COUNT II
UNJUST ENRICHMENT
17. Paragraphs 1 through 16 are incorporated herein by reference as if more fully set
18. The amounts charged by Plaintiff for the work performed on the Project and for the
change orders agreed to by the parties are just and reasonable and are the amounts which
Defendant promised to pay Plaintiff.
19. Defendant has been paid for the work that Plaintiff performed on the Project and has
failed or refused to pay Plaintiff despite repeated demands by Plaintiff·
20. As a result of the failure of Defendant to remit payment to Plaintiff for the work
performed on the Project, Defendant has been unjustly enriched in the amount of $26,405.50.
21. Plaintiff has been damaged in the amount of $26,405.50 as a result of the failure of
Defendant to pay Plaintiff for the work performed on the Project.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$26,405.50 together with interest plus costs of suit.
Respectfully submitted,
Attomey for Plaintiff
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
3
EASY DOES IT DRYX, V ALL, INC vs PAS BUILDERS, [NC Complaint / DISK 64 / November 5, 2003
VERIFICATION
LORRAINE R. FLEMING, being duly sworn according to law, deposes and says that
she is the President of Easy Does It Drywall, Inc., a Pennsylvania corporation, and that as such
officer, she is authorized to make this Verification on its behalf and that the facts set forth in the
foregoing Complaint are true and correct to the best of her knowledge, information and belief,
and further understands that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unswom falsification to authorities.
EASY DOES IT DRYWALL, INC,
BY: ,
LORRAINE R. FLEMING ~
President ~
4
EASY DOES IT DRYWALL, FfqC va PAS BLIILDERS, l]qC Complaint / DISK 64 / November 5, 2003
EXHIBIT A
SUBCONTRACT AGREEMENT
JOB # 020~44
THIS SUBCONTRACT AGREEMENT (THE "SUBCONTRACT") Is made JuN 31,2002 by and between
R,A,S, Builders, Jnc,, a Colorado corpore*Jon, 180 E. Hampden Avenue, Englewood, CoJcxado 80110, (the "Contractor"
5263 Terrace Rd.
MechaniC~sbu~'g, PA 17OS&
The Con,actor has made a Contract ~'or construction (the "Genial Contract") dated
The Owner dC Penney
6~0'1 Legacy Drive
PLANO, TX 750243698
November '16. 2001with
For the following Project
JC Penney Lancaster
Park City Mall
Lancaster'
The Architect for the Project ia: Cortland Morgan, Archite=t, AIA
6910 Woodland Dr.
Dallas, TX ?$225
The Contractor and the Subcontractor, for the consideration herinafter named, agree as follows:
SECT/ON 1, THE WORK O[~ THIS SUBCONTRACT
The Subcontractor and the Contractor agree that [he Subcontractor ia to perform the following, which shall be defined as
the "Work". The Subcontractor acknowledges 1) receipt of ~11 plans and specifications applicable to the Work, 2) that the
Subcontcact~r has been provided with access to ail plan~ and spe¢lflCa~OnS for the project., and 3) that the 5ubcon'~ractor
relied upon such plans and specifications as th~= Subcontractor deemed necessary when submitting the bid and entering
into this Subcontract. The Work is described as follows:
Install 9,285 ceiling ti/es. Supply d~vall labor et S 37,00 per hour
SECTION 2,, PA YMENT$
The Contra~or agrees to pay the Subcontractor for the performance of the wori<, the aura of: $42,850,00
(the "Subcontract Sum")
subject to the provisions set fodh below. All local state and federal t~xes, including without limitation sales and use taxes,
incurred ss s result of t~e Work shall be paid by' the Subcontractor and are deemed included in the Subcontract Sum.
JC Penney Lancaster
File: 020344 5,5- 3;~
To acer;
Additional Provisions
General
781 ~i 99~3
/.* f~O% ot approved bydces pan not la~er [han t5 day~ aRer receipt of monies from the Owner.
Pruvide tdetefi,~l Data ,%fsty ShecL~ for ~e~i~ producta upon
iN WITNESS WHEREOF', the parties have hereunto set their hands and seels end acknowledged this Subcontract as of
the date first written above.
SIGNATURES
RAg, Build, ers ~n~, Easy Does It Drywall, Inc.
V~ce President - Operalion~ Tiffs
JC Pe~r~_n.~ L_a_n_~c~.s_ter .~_i1_e:_0.20344... 5.5-.~3 ........ To acer_..
EASY DOES IT DRYWALL, INC vsRASBUILDER$,INCComplaint/DISK64/NovemherS, 2003
EXHIBIT B
6
JUL-29-2~O~ 1~:20 R~S BUILDERS 1 781 261 952] P~0~/05
] 00 L~dgewo0d Place, ,Suite 304 Rockland, MA 02370
Phons: 781.261.9922 Estimating Fax: 240.209,8083
Facsimile
DATE:
TO:
COMI~ANY NAME:
PHONE:
FAX:
No of Page:
(Ine]~el~l myer
FROM:
COMPANY:
PHONE:
FAX:
ESTIMATING FAX:
July29, 2003
Lo~ai~Fleming
Easy Does~ Drywail, lnc.
71%975-9795
717-737-0697
5
K~r~n Murray
R..A.S. Builders, Inc - Boston Region
781.261.9922
781.261.9923
240.209.8083
SUBJECT: $C Penney
Good Afternoon Lorraine,
Attached, please ~nd the documents we discussed this moming~
Warranty
Notice of Completion
Final Waiver
Ir'you could sign, date and return to me, as soon ~ I~ss~le, we e~m keep the
forward momeatum going.
Agreed balance owed: $26,405.50
Please feel free to contact me if you hav~, any questions.
Th~k You,
RA$ Builders 100 Ledgcwo0d Pl~:e, Rockland, MA 02570781.261.9922 Fax 75L261.9923 ton. stand[ey~asbuilde es.co m
EASY DOES IT DRYWALL, INC.,
Plaintiff
VS.
R.A.S. BUILDERS, INC.,
Defendant
TO:
R.A.S. BUILDERS, INC.
180 East Hampden Avenue
Englewood, CO 80110
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003 - 6043 CIVIL TERM
CIVIL ACTION - LAW
DATE OF NOTICE: December 16, 2003
IMPORT_ANT NOTICE
Required by Rule 237.1 (a)(2)
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
mICHAEL L. BANGS (I.D. #412613)--
Attorney for Plaintiff
302 South 18t~ Street, Camp Hill, PA 1701
(717) 730-7310
EASY DOES IT DRYWALL, INC.,
Plaimiff
VS.
R.A.S. BUILDERS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-6043 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above matter settled and discontinued with prejudice.
Respectfully submitted,
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
April 1, 2004