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Filing # 178660010 E-Filed 08/01/2023 12:14:50 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
ABSOLUTE RESTORATION INC,
CASE NO: 23001232CA
Plaintiff, DIVISION: CIRCUIT CIVIL
Vv.
ROBERT SWANSON AND ROSALIND SWANSON,
Individually and as Co-Trustees under that certain
Declaration of Trust dated December 5, 1996,
Defendants.
/
PLAINTIFE’S MOTION TO COMPEL DEFENDANTS TO RESPOND TO SECOND
SUPPLEMENTAL REQUEST TO PRODUCE
Plaintiff, ABSOLUTE RESTORATION INC (hereinafter “Plaintiff’) moves to compel
Defendants’, ROBERT SWANSON AND ROSALIND SWANSON Individually and as Co-
Trustees under that certain Declaration of Trust dated December 5, 1996 (hereinafter collectively
“Defendants”), to respond to second supplemental request to produce as follows:
1 The subject lawsuit arises out of unpaid labor, services and/or materials provided
by Plaintiffto the Defendants as well as bad checks written by Defendants. See Exhibit “A” hereto,
Plaintiffs complaint.
2 Defendants executed an assignment of insurance benefits in favor of Plaintiff for
the work performed by Plaintiff.
3 Notwithstanding both Defendants signing a certification of completion for the
subject work, Defendants have failed to pay, in full, for the work. See certification of competition
attached to Plaintiff's complaint.
4 Defendants have proceeded to raise various affirmative defenses including an
alleged lack of capacity to contract. See Exhibit “B” hereto.
5 As such, Defendants were served with a second supplemental request to produce
on or about June 27, 2023. See Exhibit “C”.
6 Defendants have still not responded to the subject discovery, which is now overdue.
7. In closing, the Florida Supreme Court has made clear that, “A primary purpose in
the adoption of the Florida Rules of Civil Procedure is to prevent the use of surprise, trickery, bluff
and legal gymnastics. Revelation through discovery procedures of the strength and weaknesses of
each side before trial encourages settlement of cases and avoids costly litigation. Each side can
make an intelligent evaluation of the entire case and may better anticipate the ultimate results.”
Surfv. Vermette, 236 So.2d 108 (Fla. 1970).
WHEREFORE, Plaintiff moves to compel Defendants to respond to second supplemental
request to produce as well as any other relief this Honorable Court deems just and equitable.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was served via the Florida
Court’s E-filing Portal to Bradley A. Spivey, Esq. (Attorneys for Defendants) Berlin Patten Ebling, P.A.,
324 Hyde Park Ave., Suite 325, Tampa , Florida 33606 (bspivey@berlinpatten.com)
(servicebpetpa@berlinpatten.com), on this, day of August, 2023.
SLUSHER & ROSENBLUM, P.A.
Attorneys for Plaintiff
a4 We Rail lroad Avenue, Suite 470
ac ae rida 33401
Telepha 020
3
Jeremy E. Slusher, Esq.
Florida Bar No. 145769
jes@slusherandrosenblum.com
Jason P. Blevins, Esq.
Florida Bar No. 467383
jpb@slusherandrosenblum.com
Filing # 169616640 E-Filed 03/24/2023 04:55:56 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
ABSOLUTE RESTORATION INC,
CASE NO:
Plaintiff, DIVISION:
v
ROBERT SWANSON AND ROSALIND SWANSON,
Individually and as Co-Trustees under that certain
Declaration of Trust dated December 5, 1996,
Defendants.
/
COMPLAINT
Plaintiff, ABSOLUTE RESTORATION INC (hereinafter “ABSOLUTL”) sues
Defendants ROBERT SWANSON AND ROSALIND SWANSON Individually and as Co-
Trustees under that certain Declaration of Trust dated December S, 1996 (hereinafter collectively
“SWANSON”) as follows:
GENERAL ALLEGATIONS
1 This is an action for damages which exceed $50,000.00, exclusive of attomeys*
fees, costs and interest and is within the jurisdiction of this Court.
2 At all times material hereto, ABSOLUTE was and is a Florida Profit Corporation
conducting business in Charlotte County, Florida.
3 At all times material hereto, SWANSON were and are an individuals residing in
and/or owning real property in Charlotte County, Florida.
4 At all times material hereto, SWANSON owned the real property located 6512
Hidden Lake Ct Englewood, Florida 34224 with a legal description of:
eS es
EXHIBIT
ES co
Lot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16,
Pages 56A through 56H, of Public Records of Charlotte County, Florida (hereinafter “Property”).
5 Charlotte County, Florida has venue over the subject lawsuit as the Property owned
by SWANSON is located there, ABSOLUTE and SWANSON entered into a contract to improve
the Property and SWANSON failed to pay ABSOLUTE, in full. for its labor, services and/or
materials provided in Charlotte County, Florida.
6. All conditions precedent have been satisfied by ABSOLUTE or waived by
SWANSON.
7 ABSOLUTE has retained the law firm of Slusher & Rosenblum, P.A. and has
agreed to pay a reasonable attorney’s fee.
8 ABSOLUTE provided labor, services and/or materials, to wit, dry out, mold
remediation and build back pursuant to its contract with SWANSON.
9. A copy of the subject contract is attached hereto as Exhibit A.
10. The labor, services and/or materials provided by ABSOLUTE permanently
improved the Property.
11. Notwithstanding ABSOLUTE’s compliance with the contract, neither SWANSON
nor anyone else has paid ABSOLUTE, in full. for ABSOLUTE’s work and owes ABSOLUTE
approximately $57,041.26
12. SWANSON acknowledged ABSOLUTE's work was satisfactorily completed. See
Exhibit B hereto.
COUNT I-BREACH OF CONTRACT AGAINST SWANSON
13. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through
twelve (12) as if stated full herein.
14. ABSOLUTE and SWANSON entered into a valid contract attached hereto as
Exhibit A.
15. Pursuant to the contract, SWANSON was to pay ABSOLUTE for the labor,
services and/or materials that it provided to the Property.
16. SWANSON materially breached the contract by failing to pay ABSOLUTE for al!
labor, services and/or materials provided to the Property.
17. SWANSON acknowledged the subject work was satisfactorily completed.
18. As a result. ABSOLUTE has been damaged.
WHEREFORE, ABSOLUTE moves for judgment against SWANSON for damages
including. attorney's fees, costs and interest as well as any other relief this Honorable Court deems
just and equitable.
COUNT H-ACTION TO ENFORCE AND FORECLOSUE ON CONSTRUCTION LIEN
19. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through
twelve (12) as if stated full herein.
20. On March 8, 2023, ABSOLUTE timely recorded its Claim of Lien in the amount
of $57,041.26 at Instrument #3231091, of the Public Records of Charlotte County, Florida (the
“Claim of Lien”). A true and correct copy of the Claim of Lien is attached hereto as Exhibit C.
21. The Claim of Lien was timely served upon Swanson in accordance with Chapter
713, Florida Statutes.
22. ABSOLUTE'’s Final Payment Affidavit was delivered to SWANSON via Certified
U.S. Mail, return receipt requested, at least five (5) days prior to the institution of this action. A
true and correct copy of the Final Payment Affidavit is attached hereto as Exhibit D.
23. The balance due on the Claim of Lien is $57,041.26, exclusive of interest, costs,
and attorneys’ fees.
24, Despite ABSOLUTE'S requests for payment, SWANSON has failed and continue
to fail to pay the sums due ABSOLUTE.
25. ABSOLUTE has timely filed suit within one (1) year of the recording of the Claim
of Lien.
26, ABSOLUTE has retained the undersigned counsel in connection with enforcing the
Contract and the Claim of Lien and has agreed and become obligated to pay such counsel a
reasonable fee for its services.
WHEREFORE, ABSOLUTE respectfully requests this Court to enter judgment in its favor
and against SWANSON, jointly and severally, for general and special damages, pre- and post-
Judgment interest, and attorneys’ fees and costs; and further requests that this Court: (a) adjudicate
the amounts due ABSOLUTE under the Claim of Lien; (b) adjudicate that ABSOLUTE has a valid
and existing construction lien on the Property for the amount of ABSOLUTE’s claim. together
with interest, costs. and attorneys’ fees; (c) foreclose on the lien and order the interest of
SWANSON in the Property be sold at public sale; (d) order the proceedings arising from the sale
be brought into the Court and that ABSOLUTE be paid therefrom all amounts due it; (e) enter a
deficiency judgment for any difference between the amount for which the Property is sold and the
amount set forth in the Claim of Lien, plus interest, attorneys” fees, and costs: and (1) provide such
other reliefas may be deemed just and proper.
COUNT IJH- CIVIL REMEDY FOR VIOLATION OF FLORIDA STATUTE §68.065
27. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through
twelve (12) as if stated full herein.
28. SWANSON either stopped payment or checks were returned pertaining to
attempted payment to ABSOLUTE for its work on the project.
29. Attached as Exhibit E hereto is the pre-suit demand regarding the insufficient
checks.
30. ABSOLUTE provided demand to SWANSON pursuant to Florida Statute §68.065
prior to filing suit, but SWANSON failed to provide payment for the checks and service fee.
WHEREFORE, ABSOLUTE moves for judgment against SWANSON for damages
including threefold the actual damages, service fees, attomney’s fees, costs and interest as well as
any other relief this Honorable Court deems just and equitable.
JURY DEMAND
ABSOLUTE demands trial by jury on all issues so triable.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
Florida Court’s E-filing Portal, on this zit, of March, 2023.
SLUSHER & ROSENBLUM, P.A.
Attorneys for Plaintiff
444 W. Railroad Avenue, Suite 470
West Palm Beach, Florida 33401
hone: 56 1-8 14-2020
ry:
2 her, Esq.
Florida Bar No. 145769
jes@slusherandrosenblum.con
Jason P. Blevins, Esq.
Florida Bar No. 467383
jpb@slusherandrosenblum.com
—ETUIOK —
LUTE
Contract for services and assignment of benefits
Customer Name: I S
Property Address: (6S | Hidden ; EL
Insuran Co. i J
Policy# 104 S82 129320 ant
Date of Loss: 2) of job: lold Remediation
Built back.
i/We, the undersigned owners) of the above-referenced property, authorize ABSOLUTE
RESTORATION INC ("Company"), to enter upon my property and provide all labor and materials
necessary to protect, repair, or replace the damage to my home/Business or to preserve and/or
to protect my property from further damage (collectively, “Services"). Additionally, in
consideration for these Services and on promise to provide all work approved or paid for by my
insurance company ("Carrier") or self-paid. | agree to assign my insurance benefits to
me subject to the terms and conditions in this Agreement which contains an Assignment of
Benefits effective on the date last signed ("Effective Date"), between the undersigned
customer(s) ("Customer") and (Collectively, the "Parties"), subject to the term and conditions
herein:
AUTHORIZATION/ACCESS: Customer authorizes Company to enter the Property, furnish
materials, supply all equipment, and perform all labor necessary to preserve and protect the
Property. Customer hereby assigns Customer's insurance claim ("Claim") to Company in
consideration for Company agreeing to complete the scope of work approved or otherwise paid
for by the Carrier under Customer's insurance policy(ies) covering the Property ("Policy").
Customer is responsible for any interruption of the Services (and any related damages or
claims) caused by Customer's failure or refusal to provide such access.
ASSIGNMENT OF BENEFITS: Customer assigns all insurance rights, benefits, proceeds, claims,
causes of action, and supplementary claims under the Policy for benefits related to the Services
("Benefits") in consideration for the Services rendered or to be rendered by Company.
Customer directs Carrier to release all information requested by Company, its representatives,
and Company's attorney to obtain the Benefits from Carrier. Customer hereby authorizes and
unequivocally directs Carrier to communicate directly with Company regarding the Claim and
Benefits and deliver any and all payments related to the Benefits solely to Company, and any
and all check(s) to be made payable to Company.
EXHIBIT
(ABSOLUTE
—eosste}—
Company has the right to deal directly with the Carrier, endorse checks on Customer's behalf,
and to file suit against Carrier in Company's sole discretion.
Homeowner agrees that Company is working for the Homeowner and not Homeowner's
insurance company or any agent/adjuster_ >, GO—>
PAYMENT: Customer's obligations are 50% advance or customer insurance
deductible or full payment; any betterment ordered and performed that Customer
approved, and any contracted work performed before this Agreement's rescission (collectively,
"Customer's Obligations"). If the Carrier does not directly pay Company, payment to Company
shall be due and payable immediately upon receipt of any draws o1 advances made by Carrier
in accordance with Company's progress in providing repairs to the Property, and Company may
stop work if Customer does not promptly pay or disburse such monies.
Customer shall pay all of Company's attorney's fees and costs incurred by Company in
connection with collecting any amounts due which are related to Customer's Obligations.
PERSONAL PROPERTY: Company shall not be responsible for protection of the Property, except
to provide that protection which is specifically called for under the specifications provided by
this Agreement. Customer shall remove, store and protect Customer's personal property during
Company's work. All work shall be completed in a workmanlike manner, according to standard
industry practices.
The Services and pricing are subject to change upon discovery of hidden defects.
MISC: Company agrees to indemnify and hold harmless Customer from all liabilities, damages,
losses, and costs, Including, but not limited to, attorney fees, should the Policy subject to this
Agreement prohibit, in whole or in part, the assignment of benefits. Customer hereby
Indemnifies and holds Company harmless for all harm related to or caused by Customer's
failure or refusal to allow Company to provide Company's recommended services or to follow
Company's recommended procedures. If any term of this Agreement Is held to be invalid or
unenforceable by a court of competent jurisdiction, the Parties agree that such term shall be
reformed as necessary to make such term valid and enforceable while adhering as closely as
possible to the original term and further agree that the remaining terms hereof shall remain in
full force and effect. The Parties further waive the right to claim that they were induced to
enter into this Agreement by anything except the terms hereof. This Is the entire agreement
between the Parties and supersedes all prior agreements, understandings, negotiations, and
discussions, whether oral or written, of the Parties.
DELIVERY TO INSURER: Company shall provide an executed copy of this Agreement to the
Carrier within three (3) business days from the Effective Date or the date upon which the work
begins, whichever is earlier
WORK: A written, itemized, per-unit cost estimate of the services Company will perform under
this Agreement is attached as Exhibit "A". This Agreement only relates to work to be performed
by Company for services to protect, repair, restore, or replace a dwelling or structure or to
mitigate against further damage to the property.
[ABSOLUTE
— est
PLEASE READ AND UNDERSTAND THIS ENTIRE AGREEMENT BEFORE SIGNING IT. YOU ARE
AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A
THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER.
YOU HAVE THE RIGHT TO RESCIND THIS AGREEMENT WITHOUT PENALTY IF THE SERVICES
HAVEN'T BEEN SUBSTANTIALLY COMPLETED WITHIN THIRTY (60) DAYS AFTER THE SERVICES
ARE SCHEDULED TO COMMENCE; OR IF SUBSTANTIAL WORK ON THE PROPERTY HAS NOT
BEGUN WITHIN THIRTY (30) DAYS AFTER THIS AGREEMENT IS EXECUTED AND THE AGREEMENT
DOES NOT SPECIFY AFOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE
AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO
PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.
Kelecd A Qurcwper 5-28 -
/-3 - B2,
rh
(Homeowner, Business owner) Signature
Resalind Suranson ROBIERT h, Suan sew
Print name:
Zao oate: || = >- 22
Absolute Restoration Representative
—
te
Taales
Print Name:
ABSOLUTE
ERT —
Work Authorization and Direction to Pay
Customer Name: (Qc Suamnson
Property Address: (7510. hidolim t FL engl vost
Insurance Company: Tad l DSof a NM he G PonwO
Policy#8 1044 5% 12 F 32022-caimfTB 1045672932022.)4D) «#4 2)
Date of Loss: ql2 2 22 Type of job: __Dryout: Mold Remediation
Buld Back,
1, the undersigned owner/agent {(“Homeowner”/ “Business owner “) (“Business
Association/management Company”) hereby retain ABSOLUTE RESTORATION INC (“Company”)
to perform services described herein. These services are necessary to address the damages to
homeowner's residence/Business. Company and Homeowner/Business owner / Business
management Company believes the services are covered by homeowner/Business owner
insurance.
Homeowner/Business owner authorizes Company to enter my property, furnish materials,
supply equipment, and perform all labor or work necessary to perform the services related to
the type of Job identified above, in relation to the loss described herein. Homeowner will
provide access to the property for the period when work is scheduled, and continuous
electricity will be made available for the Company's use during the Job at no cost to the
Company.
Authorized Anti-Microbial Agents: Homeowner/business owner understands that in the best
judgment of Company materials may be treated with a commercial antimicrobial agent to
inhibit the microorganisms during and after the remediation process. Homeowner/business
owner has received advanced notice of the use of antimicrobial products as part of the
remediation process. Homeowner ynderstands it is beyond the expertise of Company to
determine if individuals are sensitive to its application and will not hold Company harmless for
its use.
IABSOLUTE
TET ——
Company bills for its services utilizing protocols used by the insurance industry. Company
agrees to submit its invoice for payment to Homeowner's/Business owner/Agent insurance
company. Company agrees that it will not look to Homeowner/Business owner/ for payment
unless coverage for the services is denied.
Homeowner agrees to pay Company for the fees at the rates listed in Exhibit A, for the services
at the rates listed in Exhibit A, for the materials at the rates listedin Exhibit A, for the supplying
of equipment at the rates listed in Exhibit A, and for performing all labor at the rates listed in
Exhibit A.
Direction to Pay: Homeowner/Business owner authorizes and directs its insurance company as
listed above ("Insurance Company”) to pay Company solely and directly for that work covered
by Homeowner'/business owner's insurance policy. Homeowner/Business owner/Agent hereby
authorizes and unequivocally instructs direct payment of any benefits or proceeds to Company.
Homeowner/Business owner/Agent also authorizes Company be given irrevocable power-of-
attorney and express permission to endorse Homeowner's/Business owner name on any and all
checks received from an insurance company on Homeowner's/Business owner behalf provided
by Company. Homeowner/Business owner acknowledges that to the best of their knowledge,
there Is insurance coverage for this loss.
Assistance: If, for any reason, Homeowner/Business owner recelves a check from insurance
company for services made payable to Homeowner/Business owner, Homeowner/Business
owner agrees to pay Company that amount or endorse the check to Company.
Homeowner/Business owner agrees to assist Company in obtaining payment from Insurance
Company, including pursuing litigation as necessary. If proceeds are recovered from the
insurance company and not paid to the Company when due, Homeowner/Business owner is in
breach of this agreement, and the full amount of all invoices are immediately payable and due,
along with all fees and costs, Including a reasonnble ottorney's fees incurred, which shall be
paid by Homeowner to the Company in relation to collection of the amount owed.
Payment to Company Is due the deductible in advance and remaining within 30 days of this
Agreement's date. Late charges of 1.5° monthly (or the maximum amount allowed by law,
whichever is less) are charged to any and a unpaid balances after 180 days of the date of this
Agreement. Company shall be entitled reimbursement for costs of collection (including
reasonable attorney's fees and costs, including without limitation the fees and costs associated
with filing and serving a lien) of any unpaid balances more than 45 days after the date of this
Agreement.
Deductible and Betterment: Homeowner/Business owner agrees to pay to the Company
Homeowner's/Business owner deductible that applies to this claim(if applicable). It Is fully
understood that Homeowner/Business owner and its agents, successors, assigns, and heirs are
personally responsible for any and all deductibles or unpaid bill by insurance company.
—
(ABSOLUTE
—
Additional work requested and not covered by insurance proceeds, is Homeowner's/Business
owner/Agent responsibility to pay.
Homeowner agrees that Company Is working for the Homeowner/Business and not insurance
company or any agent/adjuster.
If Homeowner/Business owner cancels or otherwise breaches this contract,
Homeowner/Business owner shall immediately pay Company in full for the invoices of services
rendered and materials purchased up to the time of cancellation and shall pay an additional
amount equal to 20% of the total contract amount which represents Company's Joss of profit
which shall not be otherwise construed, nor is it intended to constitute a penalty.
It is understood that the Company's Invoice for services rendered will be paid directly by the
insurance company to the Company or by the Homeowner/Business owner out of insurance
proceeds collected by Homeowner/business owner.
In the event Company is not allowed to perform its recommended procedures and/or drying
equipment is removed prematurely, Homeowner agrees to release and hold Company harmless
against al! claims or liability resulting from the services provided.
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713,001-713.37, FLORIDA
STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES
AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST
YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR
A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL
SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR
PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL IF YOU FAIL TO PAY
YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS
MEANS IF A LIEN 1S FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR
LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR
MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT
THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU
WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO
YOUR A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED
AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY
FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS
RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BYA LICENSED CONTRACTOR. FOR
INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA
CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND
ADDRESS:
Florida Homeowners' Construction Recovery Fund
2601 Blair Stone Road, Tallahassee, FL 32399-2215
Tel. 850.921.6593
IABSOLUTE
— sui,—
This Agreement constitutes the entire agreement between Homeowner and Company and
supersedes all prior negotiations, representations, understandings, and agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both
Homeowner and Company. Homeowner acknowledges that Company has made no guarantees,
warranties, understandings, or representations (nor have any been made by any representative
of Company) that are not included in this Agreement.
This contract shall be construed, interpreted, and applied according to the laws of the State of
Florida. This contract shall not be assigned without the written consent of all Parties,
Row h Q yikes ~ 11-3 -26
OT re LAL ap to pate:___ Uf - B- 2X
Homeowner/Business Owner/Agent Signature
/ °5a ima > Jan Son Rese Ry AL SS WAanson
Print name:
Zo
Absolute Restoration Representative
ll-a- aa
fornromdo, Tecti,
Print Name:
IABSOLUTE
CERTIFICATE OF COMPLETION
“Keser tA,
To:
wo pse nl
Project Address: 65) BWIADEAN LAKE C7
ENbLEWeop, FL Shagyy
mapa
Job #
In accordance with the requirements of the contract and scope of work as EXHIBIT
between ABSOLUTE RESTORATION INC and oBpaT fi. S nlange ‘al
All the work has been fully completed and satisfied by the Homeowner in accordance with
the requirements of the Job Description and punch list provided.
All money owed must be paid in full by the homeowner in 2f) _days from this
Certificate.
CUSTOMER INDEMNIFICATION. Customer agrees to indemnify
and hold harmless ABSOLUTE ESTORATION INC and its managers,
employees, agents, successors, and assigns for and agalnst any and ail liabilities, losses, penalties, fines, claims, costs and expenses incidental
thereto (including costs of defense, settlement, and reasonable attorneys’ fees), which any or all of them may hereafter suffer,
incur, he
responsible foror payout as a result of bodily injuries (including death), property damage, contamination of or adverse effects on the
environment, or any violation or alleged violation of statutes, ordinances, laws, orders, rules or regulations, to the extent caused by
Customier's breach of this Agreement or by any negligent act, negligent omission or willful misconduct of Customer or [ts et mployees, agents
or contractors in the performance
arbitration shall be proper in West palm beach, FL
Collection Costs, Attorneys ‘Fees, and Interest, In the event that Absolute Restoration {s
Tequired to undertake collection procedures or legal action for collection of past due payment,
recover interest at 11/2 % per month, collection and court costs, lien filing and processing fees, Absolute Restoration shall be entitled to
and reasonable attorneys’ fees,
Ihave read and understand this agreement, including the Terms and Conditions of Service
on the reverse side hereof and agree to them. Client's signature belaw acknowledges receipt of a copy of this agreement.
“Lo,
ABSOLUTE RESTORATION
S RepERr BOpw non § ROUSL
Home Owner
PO “pabiery fy 4 Wer bo~
SIGNATURE SIGNATURE
12705 8240 LANE N WEST PALM BEACH, FL33412
ABSOLUTERESTORATIONUS.COM
EXHIBIT
8
5
ROGER D. EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT, PAGE: 1 OF 1
INSTR #: 3231091 Doc Type: LN, Recorded: 03/08/2023 at 08:06 AM
RECORDING $10.00 ERECORDED
‘THIS INSTRUMENT PREPARED BY
AND PLEASE RECORD AND RETURN TO
Jason P. Blevins, Esq.
Slusher & Rosenblum, P.A.
444 W. Railroad Ave., Suite 470
‘West Palm Beach, FL 33401
561-814-2020 (T) / 561-857-4598 (F)
WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT A
CONSTRUCTION LIEN HAS BEEN PLACED ON,
THE REAL PROPERTY LISTED HEREIN UNLESS
THE OWNER OF SUCH PROPERTY TAKES
ACTION TO SHORTEN THE TIME PERIOD, THIS
LIEN MAY REMAIN VALID FOR ONE YEAR
FROM THE DATE OF RECORDING, AND SHALL
EXPIRE AND BECOME NULL AND VOID
THEREAFTER UNLFSS LEGAL PROCEEDINGS
HAVE BEEN COMMENCED TO FORECLOSE OR
TO DISCHARGE THIS LIEN.
CLAIM OF LIEN
State of Florida
County of Palm Beach
Before me, the undersigned notary public, personally appeared Fernanda Ohl, the President of
Absolute Restoration Inc, who was duly sworm and says that she is the agent of the lienor herein, whose
address is 12705 82" Lane North, West Palm Beach, Florida 33412; and that in accordance with a contract
with Robert Swanson and Rosalind Swanson, lienor furnished labor, services, or materials for the purpose
of remediation and build back at the following described real property in Charlotte County, Florida with a
location address of 6512 Hidden Lake Ct, Englewood, Florida 34224 and Parcel Control Number of
412004480003:
Lot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16,
Pages 56A through 56H, of Public Records of Charlotte County, Florida.
Owned by Robert A. Swanson and Rosalind M. Swanson, co-Trustees under that Declaration of Trust dated
December 5, 1996, of a total value of $ 0 1.26, of which remains unpaid $57,041.26, and furnished the
first of the i is on imber 3, 29 the last of the items on December 9, 2022
3
Fernanda Ohl, President
The foregoing instrument was acknowledged before me by means of Y physical presence or FD online
notarization, this lay of March, 2023, by Fernanda Ohl, as President of Absolute Restoration Inc. who
is () personally known to me or Yj has Produced ae y Car’. as identification.
(NOTARY SEAL)
a tary
/
Print N: md E@% A
DAIMIR JEFFERSON Commision No.
Notary Peblc - State of Ficrida
Comenssion # Hb 337686 EXHIBIT
my Comm Expires Cec 4 2926
C
5
CONTRACTOR'S FINAL PAYMEN AFFIDAVIT
State of Florida
County of Palm Beach
Before me, the undersigned authority, personally appeared Fernanda Ohl, who, afier being first
duly sworn, deposes and says of her personal knowledge the following
1 She is the President of Absolute Restoration Inc, which does business in the State of Florida.
hereinafter referred to as the “Contractor.
2 Contractor, pursuant to a contract with Robert Swanson and Rosalind Swanson, hereinafter
referred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services
for the construction of certain improvements to real property as more particularly set forth in said
contract
3 This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida
Statutes for the purposes of obtaining final payment from the Owner in the amount of $57,041.26
4 All work to he performed under the contract has been fully completed, and all licnors under
the direct contract have been paid in full, except the following listed lienors
NAME OF LIENOR =AMOUNT DUE
ELAap
N/A
Signed, sealed, and delivered this day of March, 20.
Fernanda Ohl,
President of Absolute
Restoration Inc
Sworn to at subscribed before me this day of by Fernanda Ohl. who is personally
known to for produced as identification, and did take an oath
otal fubfic
Pal ll
My Commission Expires we OAWMIR JEFFERSON,
Notary Putlic « State of Flora
LEELA 202 SIs
oR Commission # 4M 237666
My Comm, Expires Dec 4 2676
cmon < ek
5
EXHIBIT
5
444 W Railroad Avenue ® 561-814-2020
Suite 470 @ 561-557-4598
West Palm Beach, FL 33401 SLUSHER & ROSENBL UM © www slusherandrosenblum com
RS" —_——
March 8, 2023
VIA CERTIFIED MAIL
Robert Swanson and Rosalind Swanson
6512 Hidden Lake Ct.
Englewood, FL 34224-7625
Re: Civil Litigation - Absolute Restoration, Inc. v. Robert Swanson and Rosalind
Swanson
Dear Mr. and Mrs. Swanson:
Please be advised that our law firm represents Absolute Restoration Inc (“Absolute”) in the above
matter. As you know, you owe Absolute $57,041.26 for work that it performed on your property, Due to
your repeated failure to pay Absolute the monies owed, a claim of lien has been recorded on your property.
A copy of the lien is enclosed herein along with the contractor's final payment affidavit.
Aside from your failure to pay, checks that you have written to Absolute have not been honored
due to insufficient funds. As such, pursuant to Florida Statute §68.065, you are hereby notified that US
Bank check number 8446 issued by you to Absolute on November 14, 2022 in the amount of $12,000.00
was retumed for insufficient funds. Furthermore, US Bank check number 8448 in the amount of $12,000.00
issued by you to Absolute on November 29, 2022 was retumed for insufficient funds. Pursuant to Florida
law, you have 30 days from receipt of this notice to tender payinent in cash of the full amount of the
aforementioned checks, to wit, $24,000.00, plus a service charge of 5 percent of the face amount of the
dishonored instruments, the total amount due being $25,200.00. Unless this amount is paid in full within
the 30-day period, Absolute will file a civil action against you for three times the amounts ofthe dishonored
instruments, to wit, $72,000.00. In addition to the payment of the dishonored instruments, Absolute shall
also seek court costs, reasonable attorney fees, and any bank fees incurred in taking the action,
Except as specifically set forth herein, this correspondence is without waiver to any rights or
remedies to which our client may already be entitled. The failure to mention any specific act herein shall
not constitute a waiver or acquiescence with regard to same.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
Se
jason levins
JPB/sid
Enclosure
D
EXHIBIT
ROGER D. EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT PAGE 1 OF 1
INSTR f 3231091 Doc Type LN, Recorded: 03/08/2023 at 08:06 AM
RECORDING $10.00 ERECORDED
THIS INSTRUMENT PREPARED BY
AND PLEASE RECORD AND RETURN TO
Jason P. Blevins, Esq.
Slusher& Rosenblum, P.A.
444.W, Re ad Ave., Suite 470
West Palm Beach, FL 33401
561-814-2020
(T) / 561-587-4898 (F)
WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT A
CONSTRUCTION LIEN HAS BEEN PLACED ON
THE REAL PROPERTY LISTED HERFIN. UNLESS
THE OWNER OF SUCH PROPERTY TAKES
ACTION TO SHORTEN THE TIME PERIOD, THIS
LIEN MAY REMAIN VALID FOR ONE YEAR
FROM THE DATE OF RECORDING, AND SHALL
EXPIRE AND BECOME NULL AND VOID
THEREAFTER UNLFSS LEGAL PROCEEDINGS
HAVE BEEN COMMENCED TO FORECLOSE OR
TO DISCHARGE THIS LIEN
CLAIM OF LIEN
State of Florida
County of Palm Beach
Before me, the undersigned notary public, personally appeared Fernanda Ohl, the President of
Absolute Restoration Inc. who was duly sworn and says that she is the agent of the lienor herein, whose
address is 12705 82" |.ane Nonth, West Palm Beach, Florida 33412, and that in accordance with a contact
with Robert Swanson and Rosalind Swanson, lienor furnished labor, services, or materials for the purpose
of remediation and build back at the following described real property in Charlotte County, Florida with a
location address of 6512 Hidden Lake Ct, Englewood, Florida 34224 and Parcel Control Number of
412004480003
jot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16.
Pages 56A through 56H, of Public Records of Charlotte County, Florida
Owned by Robert A Swanson and Rosalind M, Swanson, co-Trustees under that Declaration of Trust dated
December 5, 1996, of a total value of §) 7 1.26, of which remains unpaid $57,041.26, and furnished the
fisst of the i is on Auber 3, 29 the Jast of the items on December 9, 2022
Fernanda Ohl, President
The foregoing instrument was acknowledged before me by means of 7 physical presence or D online
notarization, tus lay of March, 2023, hy Fernanda Ohl, as President of Absolute Restoration Inc, who
is () personally known to me or 4 has produced Zing gy as identification.
(NOTARY SFAL) 7]
NotaryAh Ly
Print Name: {Hime 7 sont
sh Dawik J2FFEESON Commission No.
ve Notary PUBIC State of Fiera
Commission # Mb 337686
my Comm Expires Bec « 2926
co ACTOR'S F J PAYM ENT AFF AVIT
State of Florida
County of Palm Beach
Before me, the undersigned authority, personally appeared Fernanda Ohl, who, after being first
duly sworn, deposes and say's of her personal knowledge the following
She is the President of Absolute Restoration Inc, which does business in the State of Florida.
1
hereinafier referred to as the “Contractor.”
3.z Contractor, pursuant to a contract with Robert Swanson and Rosalind Swanson, hereinafter
referted to as the “Owner,” has furnished or caused to be furnished labor, matenals, and services
for the construction of certain improvements to real property as more particularly set forth in said
contract
3. This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida
Statutes for the purposes of obtaining final payment from the Owner in the amount of $57,041.26 .
4 All work to be performed under the contract has been fully completed, and al! lienors under
the direct contract have been paid in full, except the following listed lienors
NAME OF LIENOR AMOUNT DUE
NIA
Signed, sealed, and delivered this day of March, 2023,
Fernanda Ohl,
President of Absolute
Preview
Filing # 178660010 E-Filed 08/01/2023 12:14:50 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA ABSOLUTE RESTORATION INC, CASE NO: 23001232CA Plaintiff, DIVISION: CIRCUIT CIVIL Vv. ROBERT SWANSON AND ROSALIND SWANSON, Individually and as Co-Trustees under that certain Declaration of Trust dated December 5, 1996, Defendants. / PLAINTIFE’S MOTION TO COMPEL DEFENDANTS TO RESPOND TO SECOND SUPPLEMENTAL REQUEST TO PRODUCE Plaintiff, ABSOLUTE RESTORATION INC (hereinafter “Plaintiff’) moves to compel Defendants’, ROBERT SWANSON AND ROSALIND SWANSON Individually and as Co- Trustees under that certain Declaration of Trust dated December 5, 1996 (hereinafter collectively “Defendants”), to respond to second supplemental request to produce as follows: 1 The subject lawsuit arises out of unpaid labor, services and/or materials provided by Plaintiffto the Defendants as well as bad checks written by Defendants. See Exhibit “A” hereto, Plaintiffs complaint. 2 Defendants executed an assignment of insurance benefits in favor of Plaintiff for the work performed by Plaintiff. 3 Notwithstanding both Defendants signing a certification of completion for the subject work, Defendants have failed to pay, in full, for the work. See certification of competition attached to Plaintiff's complaint. 4 Defendants have proceeded to raise various affirmative defenses including an alleged lack of capacity to contract. See Exhibit “B” hereto. 5 As such, Defendants were served with a second supplemental request to produce on or about June 27, 2023. See Exhibit “C”. 6 Defendants have still not responded to the subject discovery, which is now overdue. 7. In closing, the Florida Supreme Court has made clear that, “A primary purpose in the adoption of the Florida Rules of Civil Procedure is to prevent the use of surprise, trickery, bluff and legal gymnastics. Revelation through discovery procedures of the strength and weaknesses of each side before trial encourages settlement of cases and avoids costly litigation. Each side can make an intelligent evaluation of the entire case and may better anticipate the ultimate results.” Surfv. Vermette, 236 So.2d 108 (Fla. 1970). WHEREFORE, Plaintiff moves to compel Defendants to respond to second supplemental request to produce as well as any other relief this Honorable Court deems just and equitable. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was served via the Florida Court’s E-filing Portal to Bradley A. Spivey, Esq. (Attorneys for Defendants) Berlin Patten Ebling, P.A., 324 Hyde Park Ave., Suite 325, Tampa , Florida 33606 (bspivey@berlinpatten.com) (servicebpetpa@berlinpatten.com), on this, day of August, 2023. SLUSHER & ROSENBLUM, P.A. Attorneys for Plaintiff a4 We Rail lroad Avenue, Suite 470 ac ae rida 33401 Telepha 020 3 Jeremy E. Slusher, Esq. Florida Bar No. 145769 jes@slusherandrosenblum.com Jason P. Blevins, Esq. Florida Bar No. 467383 jpb@slusherandrosenblum.com Filing # 169616640 E-Filed 03/24/2023 04:55:56 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA ABSOLUTE RESTORATION INC, CASE NO: Plaintiff, DIVISION: v ROBERT SWANSON AND ROSALIND SWANSON, Individually and as Co-Trustees under that certain Declaration of Trust dated December 5, 1996, Defendants. / COMPLAINT Plaintiff, ABSOLUTE RESTORATION INC (hereinafter “ABSOLUTL”) sues Defendants ROBERT SWANSON AND ROSALIND SWANSON Individually and as Co- Trustees under that certain Declaration of Trust dated December S, 1996 (hereinafter collectively “SWANSON”) as follows: GENERAL ALLEGATIONS 1 This is an action for damages which exceed $50,000.00, exclusive of attomeys* fees, costs and interest and is within the jurisdiction of this Court. 2 At all times material hereto, ABSOLUTE was and is a Florida Profit Corporation conducting business in Charlotte County, Florida. 3 At all times material hereto, SWANSON were and are an individuals residing in and/or owning real property in Charlotte County, Florida. 4 At all times material hereto, SWANSON owned the real property located 6512 Hidden Lake Ct Englewood, Florida 34224 with a legal description of: eS es EXHIBIT ES co Lot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16, Pages 56A through 56H, of Public Records of Charlotte County, Florida (hereinafter “Property”). 5 Charlotte County, Florida has venue over the subject lawsuit as the Property owned by SWANSON is located there, ABSOLUTE and SWANSON entered into a contract to improve the Property and SWANSON failed to pay ABSOLUTE, in full. for its labor, services and/or materials provided in Charlotte County, Florida. 6. All conditions precedent have been satisfied by ABSOLUTE or waived by SWANSON. 7 ABSOLUTE has retained the law firm of Slusher & Rosenblum, P.A. and has agreed to pay a reasonable attorney’s fee. 8 ABSOLUTE provided labor, services and/or materials, to wit, dry out, mold remediation and build back pursuant to its contract with SWANSON. 9. A copy of the subject contract is attached hereto as Exhibit A. 10. The labor, services and/or materials provided by ABSOLUTE permanently improved the Property. 11. Notwithstanding ABSOLUTE’s compliance with the contract, neither SWANSON nor anyone else has paid ABSOLUTE, in full. for ABSOLUTE’s work and owes ABSOLUTE approximately $57,041.26 12. SWANSON acknowledged ABSOLUTE's work was satisfactorily completed. See Exhibit B hereto. COUNT I-BREACH OF CONTRACT AGAINST SWANSON 13. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through twelve (12) as if stated full herein. 14. ABSOLUTE and SWANSON entered into a valid contract attached hereto as Exhibit A. 15. Pursuant to the contract, SWANSON was to pay ABSOLUTE for the labor, services and/or materials that it provided to the Property. 16. SWANSON materially breached the contract by failing to pay ABSOLUTE for al! labor, services and/or materials provided to the Property. 17. SWANSON acknowledged the subject work was satisfactorily completed. 18. As a result. ABSOLUTE has been damaged. WHEREFORE, ABSOLUTE moves for judgment against SWANSON for damages including. attorney's fees, costs and interest as well as any other relief this Honorable Court deems just and equitable. COUNT H-ACTION TO ENFORCE AND FORECLOSUE ON CONSTRUCTION LIEN 19. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through twelve (12) as if stated full herein. 20. On March 8, 2023, ABSOLUTE timely recorded its Claim of Lien in the amount of $57,041.26 at Instrument #3231091, of the Public Records of Charlotte County, Florida (the “Claim of Lien”). A true and correct copy of the Claim of Lien is attached hereto as Exhibit C. 21. The Claim of Lien was timely served upon Swanson in accordance with Chapter 713, Florida Statutes. 22. ABSOLUTE'’s Final Payment Affidavit was delivered to SWANSON via Certified U.S. Mail, return receipt requested, at least five (5) days prior to the institution of this action. A true and correct copy of the Final Payment Affidavit is attached hereto as Exhibit D. 23. The balance due on the Claim of Lien is $57,041.26, exclusive of interest, costs, and attorneys’ fees. 24, Despite ABSOLUTE'S requests for payment, SWANSON has failed and continue to fail to pay the sums due ABSOLUTE. 25. ABSOLUTE has timely filed suit within one (1) year of the recording of the Claim of Lien. 26, ABSOLUTE has retained the undersigned counsel in connection with enforcing the Contract and the Claim of Lien and has agreed and become obligated to pay such counsel a reasonable fee for its services. WHEREFORE, ABSOLUTE respectfully requests this Court to enter judgment in its favor and against SWANSON, jointly and severally, for general and special damages, pre- and post- Judgment interest, and attorneys’ fees and costs; and further requests that this Court: (a) adjudicate the amounts due ABSOLUTE under the Claim of Lien; (b) adjudicate that ABSOLUTE has a valid and existing construction lien on the Property for the amount of ABSOLUTE’s claim. together with interest, costs. and attorneys’ fees; (c) foreclose on the lien and order the interest of SWANSON in the Property be sold at public sale; (d) order the proceedings arising from the sale be brought into the Court and that ABSOLUTE be paid therefrom all amounts due it; (e) enter a deficiency judgment for any difference between the amount for which the Property is sold and the amount set forth in the Claim of Lien, plus interest, attorneys” fees, and costs: and (1) provide such other reliefas may be deemed just and proper. COUNT IJH- CIVIL REMEDY FOR VIOLATION OF FLORIDA STATUTE §68.065 27. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through twelve (12) as if stated full herein. 28. SWANSON either stopped payment or checks were returned pertaining to attempted payment to ABSOLUTE for its work on the project. 29. Attached as Exhibit E hereto is the pre-suit demand regarding the insufficient checks. 30. ABSOLUTE provided demand to SWANSON pursuant to Florida Statute §68.065 prior to filing suit, but SWANSON failed to provide payment for the checks and service fee. WHEREFORE, ABSOLUTE moves for judgment against SWANSON for damages including threefold the actual damages, service fees, attomney’s fees, costs and interest as well as any other relief this Honorable Court deems just and equitable. JURY DEMAND ABSOLUTE demands trial by jury on all issues so triable. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was served via the Florida Court’s E-filing Portal, on this zit, of March, 2023. SLUSHER & ROSENBLUM, P.A. Attorneys for Plaintiff 444 W. Railroad Avenue, Suite 470 West Palm Beach, Florida 33401 hone: 56 1-8 14-2020 ry: 2 her, Esq. Florida Bar No. 145769 jes@slusherandrosenblum.con Jason P. Blevins, Esq. Florida Bar No. 467383 jpb@slusherandrosenblum.com —ETUIOK — LUTE Contract for services and assignment of benefits Customer Name: I S Property Address: (6S | Hidden ; EL Insuran Co. i J Policy# 104 S82 129320 ant Date of Loss: 2) of job: lold Remediation Built back. i/We, the undersigned owners) of the above-referenced property, authorize ABSOLUTE RESTORATION INC ("Company"), to enter upon my property and provide all labor and materials necessary to protect, repair, or replace the damage to my home/Business or to preserve and/or to protect my property from further damage (collectively, “Services"). Additionally, in consideration for these Services and on promise to provide all work approved or paid for by my insurance company ("Carrier") or self-paid. | agree to assign my insurance benefits to me subject to the terms and conditions in this Agreement which contains an Assignment of Benefits effective on the date last signed ("Effective Date"), between the undersigned customer(s) ("Customer") and (Collectively, the "Parties"), subject to the term and conditions herein: AUTHORIZATION/ACCESS: Customer authorizes Company to enter the Property, furnish materials, supply all equipment, and perform all labor necessary to preserve and protect the Property. Customer hereby assigns Customer's insurance claim ("Claim") to Company in consideration for Company agreeing to complete the scope of work approved or otherwise paid for by the Carrier under Customer's insurance policy(ies) covering the Property ("Policy"). Customer is responsible for any interruption of the Services (and any related damages or claims) caused by Customer's failure or refusal to provide such access. ASSIGNMENT OF BENEFITS: Customer assigns all insurance rights, benefits, proceeds, claims, causes of action, and supplementary claims under the Policy for benefits related to the Services ("Benefits") in consideration for the Services rendered or to be rendered by Company. Customer directs Carrier to release all information requested by Company, its representatives, and Company's attorney to obtain the Benefits from Carrier. Customer hereby authorizes and unequivocally directs Carrier to communicate directly with Company regarding the Claim and Benefits and deliver any and all payments related to the Benefits solely to Company, and any and all check(s) to be made payable to Company. EXHIBIT (ABSOLUTE —eosste}— Company has the right to deal directly with the Carrier, endorse checks on Customer's behalf, and to file suit against Carrier in Company's sole discretion. Homeowner agrees that Company is working for the Homeowner and not Homeowner's insurance company or any agent/adjuster_ >, GO—> PAYMENT: Customer's obligations are 50% advance or customer insurance deductible or full payment; any betterment ordered and performed that Customer approved, and any contracted work performed before this Agreement's rescission (collectively, "Customer's Obligations"). If the Carrier does not directly pay Company, payment to Company shall be due and payable immediately upon receipt of any draws o1 advances made by Carrier in accordance with Company's progress in providing repairs to the Property, and Company may stop work if Customer does not promptly pay or disburse such monies. Customer shall pay all of Company's attorney's fees and costs incurred by Company in connection with collecting any amounts due which are related to Customer's Obligations. PERSONAL PROPERTY: Company shall not be responsible for protection of the Property, except to provide that protection which is specifically called for under the specifications provided by this Agreement. Customer shall remove, store and protect Customer's personal property during Company's work. All work shall be completed in a workmanlike manner, according to standard industry practices. The Services and pricing are subject to change upon discovery of hidden defects. MISC: Company agrees to indemnify and hold harmless Customer from all liabilities, damages, losses, and costs, Including, but not limited to, attorney fees, should the Policy subject to this Agreement prohibit, in whole or in part, the assignment of benefits. Customer hereby Indemnifies and holds Company harmless for all harm related to or caused by Customer's failure or refusal to allow Company to provide Company's recommended services or to follow Company's recommended procedures. If any term of this Agreement Is held to be invalid or unenforceable by a court of competent jurisdiction, the Parties agree that such term shall be reformed as necessary to make such term valid and enforceable while adhering as closely as possible to the original term and further agree that the remaining terms hereof shall remain in full force and effect. The Parties further waive the right to claim that they were induced to enter into this Agreement by anything except the terms hereof. This Is the entire agreement between the Parties and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties. DELIVERY TO INSURER: Company shall provide an executed copy of this Agreement to the Carrier within three (3) business days from the Effective Date or the date upon which the work begins, whichever is earlier WORK: A written, itemized, per-unit cost estimate of the services Company will perform under this Agreement is attached as Exhibit "A". This Agreement only relates to work to be performed by Company for services to protect, repair, restore, or replace a dwelling or structure or to mitigate against further damage to the property. [ABSOLUTE — est PLEASE READ AND UNDERSTAND THIS ENTIRE AGREEMENT BEFORE SIGNING IT. YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER. YOU HAVE THE RIGHT TO RESCIND THIS AGREEMENT WITHOUT PENALTY IF THE SERVICES HAVEN'T BEEN SUBSTANTIALLY COMPLETED WITHIN THIRTY (60) DAYS AFTER THE SERVICES ARE SCHEDULED TO COMMENCE; OR IF SUBSTANTIAL WORK ON THE PROPERTY HAS NOT BEGUN WITHIN THIRTY (30) DAYS AFTER THIS AGREEMENT IS EXECUTED AND THE AGREEMENT DOES NOT SPECIFY AFOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY. Kelecd A Qurcwper 5-28 - /-3 - B2, rh (Homeowner, Business owner) Signature Resalind Suranson ROBIERT h, Suan sew Print name: Zao oate: || = >- 22 Absolute Restoration Representative — te Taales Print Name: ABSOLUTE ERT — Work Authorization and Direction to Pay Customer Name: (Qc Suamnson Property Address: (7510. hidolim t FL engl vost Insurance Company: Tad l DSof a NM he G PonwO Policy#8 1044 5% 12 F 32022-caimfTB 1045672932022.)4D) «#4 2) Date of Loss: ql2 2 22 Type of job: __Dryout: Mold Remediation Buld Back, 1, the undersigned owner/agent {(“Homeowner”/ “Business owner “) (“Business Association/management Company”) hereby retain ABSOLUTE RESTORATION INC (“Company”) to perform services described herein. These services are necessary to address the damages to homeowner's residence/Business. Company and Homeowner/Business owner / Business management Company believes the services are covered by homeowner/Business owner insurance. Homeowner/Business owner authorizes Company to enter my property, furnish materials, supply equipment, and perform all labor or work necessary to perform the services related to the type of Job identified above, in relation to the loss described herein. Homeowner will provide access to the property for the period when work is scheduled, and continuous electricity will be made available for the Company's use during the Job at no cost to the Company. Authorized Anti-Microbial Agents: Homeowner/business owner understands that in the best judgment of Company materials may be treated with a commercial antimicrobial agent to inhibit the microorganisms during and after the remediation process. Homeowner/business owner has received advanced notice of the use of antimicrobial products as part of the remediation process. Homeowner ynderstands it is beyond the expertise of Company to determine if individuals are sensitive to its application and will not hold Company harmless for its use. IABSOLUTE TET —— Company bills for its services utilizing protocols used by the insurance industry. Company agrees to submit its invoice for payment to Homeowner's/Business owner/Agent insurance company. Company agrees that it will not look to Homeowner/Business owner/ for payment unless coverage for the services is denied. Homeowner agrees to pay Company for the fees at the rates listed in Exhibit A, for the services at the rates listed in Exhibit A, for the materials at the rates listedin Exhibit A, for the supplying of equipment at the rates listed in Exhibit A, and for performing all labor at the rates listed in Exhibit A. Direction to Pay: Homeowner/Business owner authorizes and directs its insurance company as listed above ("Insurance Company”) to pay Company solely and directly for that work covered by Homeowner'/business owner's insurance policy. Homeowner/Business owner/Agent hereby authorizes and unequivocally instructs direct payment of any benefits or proceeds to Company. Homeowner/Business owner/Agent also authorizes Company be given irrevocable power-of- attorney and express permission to endorse Homeowner's/Business owner name on any and all checks received from an insurance company on Homeowner's/Business owner behalf provided by Company. Homeowner/Business owner acknowledges that to the best of their knowledge, there Is insurance coverage for this loss. Assistance: If, for any reason, Homeowner/Business owner recelves a check from insurance company for services made payable to Homeowner/Business owner, Homeowner/Business owner agrees to pay Company that amount or endorse the check to Company. Homeowner/Business owner agrees to assist Company in obtaining payment from Insurance Company, including pursuing litigation as necessary. If proceeds are recovered from the insurance company and not paid to the Company when due, Homeowner/Business owner is in breach of this agreement, and the full amount of all invoices are immediately payable and due, along with all fees and costs, Including a reasonnble ottorney's fees incurred, which shall be paid by Homeowner to the Company in relation to collection of the amount owed. Payment to Company Is due the deductible in advance and remaining within 30 days of this Agreement's date. Late charges of 1.5° monthly (or the maximum amount allowed by law, whichever is less) are charged to any and a unpaid balances after 180 days of the date of this Agreement. Company shall be entitled reimbursement for costs of collection (including reasonable attorney's fees and costs, including without limitation the fees and costs associated with filing and serving a lien) of any unpaid balances more than 45 days after the date of this Agreement. Deductible and Betterment: Homeowner/Business owner agrees to pay to the Company Homeowner's/Business owner deductible that applies to this claim(if applicable). It Is fully understood that Homeowner/Business owner and its agents, successors, assigns, and heirs are personally responsible for any and all deductibles or unpaid bill by insurance company. — (ABSOLUTE — Additional work requested and not covered by insurance proceeds, is Homeowner's/Business owner/Agent responsibility to pay. Homeowner agrees that Company Is working for the Homeowner/Business and not insurance company or any agent/adjuster. If Homeowner/Business owner cancels or otherwise breaches this contract, Homeowner/Business owner shall immediately pay Company in full for the invoices of services rendered and materials purchased up to the time of cancellation and shall pay an additional amount equal to 20% of the total contract amount which represents Company's Joss of profit which shall not be otherwise construed, nor is it intended to constitute a penalty. It is understood that the Company's Invoice for services rendered will be paid directly by the insurance company to the Company or by the Homeowner/Business owner out of insurance proceeds collected by Homeowner/business owner. In the event Company is not allowed to perform its recommended procedures and/or drying equipment is removed prematurely, Homeowner agrees to release and hold Company harmless against al! claims or liability resulting from the services provided. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713,001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN 1S FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOUR A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BYA LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: Florida Homeowners' Construction Recovery Fund 2601 Blair Stone Road, Tallahassee, FL 32399-2215 Tel. 850.921.6593 IABSOLUTE — sui,— This Agreement constitutes the entire agreement between Homeowner and Company and supersedes all prior negotiations, representations, understandings, and agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Homeowner and Company. Homeowner acknowledges that Company has made no guarantees, warranties, understandings, or representations (nor have any been made by any representative of Company) that are not included in this Agreement. This contract shall be construed, interpreted, and applied according to the laws of the State of Florida. This contract shall not be assigned without the written consent of all Parties, Row h Q yikes ~ 11-3 -26 OT re LAL ap to pate:___ Uf - B- 2X Homeowner/Business Owner/Agent Signature / °5a ima > Jan Son Rese Ry AL SS WAanson Print name: Zo Absolute Restoration Representative ll-a- aa fornromdo, Tecti, Print Name: IABSOLUTE CERTIFICATE OF COMPLETION “Keser tA, To: wo pse nl Project Address: 65) BWIADEAN LAKE C7 ENbLEWeop, FL Shagyy mapa Job # In accordance with the requirements of the contract and scope of work as EXHIBIT between ABSOLUTE RESTORATION INC and oBpaT fi. S nlange ‘al All the work has been fully completed and satisfied by the Homeowner in accordance with the requirements of the Job Description and punch list provided. All money owed must be paid in full by the homeowner in 2f) _days from this Certificate. CUSTOMER INDEMNIFICATION. Customer agrees to indemnify and hold harmless ABSOLUTE ESTORATION INC and its managers, employees, agents, successors, and assigns for and agalnst any and ail liabilities, losses, penalties, fines, claims, costs and expenses incidental thereto (including costs of defense, settlement, and reasonable attorneys’ fees), which any or all of them may hereafter suffer, incur, he responsible foror payout as a result of bodily injuries (including death), property damage, contamination of or adverse effects on the environment, or any violation or alleged violation of statutes, ordinances, laws, orders, rules or regulations, to the extent caused by Customier's breach of this Agreement or by any negligent act, negligent omission or willful misconduct of Customer or [ts et mployees, agents or contractors in the performance arbitration shall be proper in West palm beach, FL Collection Costs, Attorneys ‘Fees, and Interest, In the event that Absolute Restoration {s Tequired to undertake collection procedures or legal action for collection of past due payment, recover interest at 11/2 % per month, collection and court costs, lien filing and processing fees, Absolute Restoration shall be entitled to and reasonable attorneys’ fees, Ihave read and understand this agreement, including the Terms and Conditions of Service on the reverse side hereof and agree to them. Client's signature belaw acknowledges receipt of a copy of this agreement. “Lo, ABSOLUTE RESTORATION S RepERr BOpw non § ROUSL Home Owner PO “pabiery fy 4 Wer bo~ SIGNATURE SIGNATURE 12705 8240 LANE N WEST PALM BEACH, FL33412 ABSOLUTERESTORATIONUS.COM EXHIBIT 8 5 ROGER D. EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT, PAGE: 1 OF 1 INSTR #: 3231091 Doc Type: LN, Recorded: 03/08/2023 at 08:06 AM RECORDING $10.00 ERECORDED ‘THIS INSTRUMENT PREPARED BY AND PLEASE RECORD AND RETURN TO Jason P. Blevins, Esq. Slusher & Rosenblum, P.A. 444 W. Railroad Ave., Suite 470 ‘West Palm Beach, FL 33401 561-814-2020 (T) / 561-857-4598 (F) WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON, THE REAL PROPERTY LISTED HEREIN UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLFSS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN. CLAIM OF LIEN State of Florida County of Palm Beach Before me, the undersigned notary public, personally appeared Fernanda Ohl, the President of Absolute Restoration Inc, who was duly sworm and says that she is the agent of the lienor herein, whose address is 12705 82" Lane North, West Palm Beach, Florida 33412; and that in accordance with a contract with Robert Swanson and Rosalind Swanson, lienor furnished labor, services, or materials for the purpose of remediation and build back at the following described real property in Charlotte County, Florida with a location address of 6512 Hidden Lake Ct, Englewood, Florida 34224 and Parcel Control Number of 412004480003: Lot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16, Pages 56A through 56H, of Public Records of Charlotte County, Florida. Owned by Robert A. Swanson and Rosalind M. Swanson, co-Trustees under that Declaration of Trust dated December 5, 1996, of a total value of $ 0 1.26, of which remains unpaid $57,041.26, and furnished the first of the i is on imber 3, 29 the last of the items on December 9, 2022 3 Fernanda Ohl, President The foregoing instrument was acknowledged before me by means of Y physical presence or FD online notarization, this lay of March, 2023, by Fernanda Ohl, as President of Absolute Restoration Inc. who is () personally known to me or Yj has Produced ae y Car’. as identification. (NOTARY SEAL) a tary / Print N: md E@% A DAIMIR JEFFERSON Commision No. Notary Peblc - State of Ficrida Comenssion # Hb 337686 EXHIBIT my Comm Expires Cec 4 2926 C 5 CONTRACTOR'S FINAL PAYMEN AFFIDAVIT State of Florida County of Palm Beach Before me, the undersigned authority, personally appeared Fernanda Ohl, who, afier being first duly sworn, deposes and says of her personal knowledge the following 1 She is the President of Absolute Restoration Inc, which does business in the State of Florida. hereinafter referred to as the “Contractor. 2 Contractor, pursuant to a contract with Robert Swanson and Rosalind Swanson, hereinafter referred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property as more particularly set forth in said contract 3 This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of $57,041.26 4 All work to he performed under the contract has been fully completed, and all licnors under the direct contract have been paid in full, except the following listed lienors NAME OF LIENOR =AMOUNT DUE ELAap N/A Signed, sealed, and delivered this day of March, 20. Fernanda Ohl, President of Absolute Restoration Inc Sworn to at subscribed before me this day of by Fernanda Ohl. who is personally known to for produced as identification, and did take an oath otal fubfic Pal ll My Commission Expires we OAWMIR JEFFERSON, Notary Putlic « State of Flora LEELA 202 SIs oR Commission # 4M 237666 My Comm, Expires Dec 4 2676 cmon < ek 5 EXHIBIT 5 444 W Railroad Avenue ® 561-814-2020 Suite 470 @ 561-557-4598 West Palm Beach, FL 33401 SLUSHER & ROSENBL UM © www slusherandrosenblum com RS" —_—— March 8, 2023 VIA CERTIFIED MAIL Robert Swanson and Rosalind Swanson 6512 Hidden Lake Ct. Englewood, FL 34224-7625 Re: Civil Litigation - Absolute Restoration, Inc. v. Robert Swanson and Rosalind Swanson Dear Mr. and Mrs. Swanson: Please be advised that our law firm represents Absolute Restoration Inc (“Absolute”) in the above matter. As you know, you owe Absolute $57,041.26 for work that it performed on your property, Due to your repeated failure to pay Absolute the monies owed, a claim of lien has been recorded on your property. A copy of the lien is enclosed herein along with the contractor's final payment affidavit. Aside from your failure to pay, checks that you have written to Absolute have not been honored due to insufficient funds. As such, pursuant to Florida Statute §68.065, you are hereby notified that US Bank check number 8446 issued by you to Absolute on November 14, 2022 in the amount of $12,000.00 was retumed for insufficient funds. Furthermore, US Bank check number 8448 in the amount of $12,000.00 issued by you to Absolute on November 29, 2022 was retumed for insufficient funds. Pursuant to Florida law, you have 30 days from receipt of this notice to tender payinent in cash of the full amount of the aforementioned checks, to wit, $24,000.00, plus a service charge of 5 percent of the face amount of the dishonored instruments, the total amount due being $25,200.00. Unless this amount is paid in full within the 30-day period, Absolute will file a civil action against you for three times the amounts ofthe dishonored instruments, to wit, $72,000.00. In addition to the payment of the dishonored instruments, Absolute shall also seek court costs, reasonable attorney fees, and any bank fees incurred in taking the action, Except as specifically set forth herein, this correspondence is without waiver to any rights or remedies to which our client may already be entitled. The failure to mention any specific act herein shall not constitute a waiver or acquiescence with regard to same. PLEASE GOVERN YOURSELVES ACCORDINGLY. Se jason levins JPB/sid Enclosure D EXHIBIT ROGER D. EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT PAGE 1 OF 1 INSTR f 3231091 Doc Type LN, Recorded: 03/08/2023 at 08:06 AM RECORDING $10.00 ERECORDED THIS INSTRUMENT PREPARED BY AND PLEASE RECORD AND RETURN TO Jason P. Blevins, Esq. Slusher& Rosenblum, P.A. 444.W, Re ad Ave., Suite 470 West Palm Beach, FL 33401 561-814-2020 (T) / 561-587-4898 (F) WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HERFIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLFSS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN CLAIM OF LIEN State of Florida County of Palm Beach Before me, the undersigned notary public, personally appeared Fernanda Ohl, the President of Absolute Restoration Inc. who was duly sworn and says that she is the agent of the lienor herein, whose address is 12705 82" |.ane Nonth, West Palm Beach, Florida 33412, and that in accordance with a contact with Robert Swanson and Rosalind Swanson, lienor furnished labor, services, or materials for the purpose of remediation and build back at the following described real property in Charlotte County, Florida with a location address of 6512 Hidden Lake Ct, Englewood, Florida 34224 and Parcel Control Number of 412004480003 jot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16. Pages 56A through 56H, of Public Records of Charlotte County, Florida Owned by Robert A Swanson and Rosalind M, Swanson, co-Trustees under that Declaration of Trust dated December 5, 1996, of a total value of §) 7 1.26, of which remains unpaid $57,041.26, and furnished the fisst of the i is on Auber 3, 29 the Jast of the items on December 9, 2022 Fernanda Ohl, President The foregoing instrument was acknowledged before me by means of 7 physical presence or D online notarization, tus lay of March, 2023, hy Fernanda Ohl, as President of Absolute Restoration Inc, who is () personally known to me or 4 has produced Zing gy as identification. (NOTARY SFAL) 7] NotaryAh Ly Print Name: {Hime 7 sont sh Dawik J2FFEESON Commission No. ve Notary PUBIC State of Fiera Commission # Mb 337686 my Comm Expires Bec « 2926 co ACTOR'S F J PAYM ENT AFF AVIT State of Florida County of Palm Beach Before me, the undersigned authority, personally appeared Fernanda Ohl, who, after being first duly sworn, deposes and say's of her personal knowledge the following She is the President of Absolute Restoration Inc, which does business in the State of Florida. 1 hereinafier referred to as the “Contractor.” 3.z Contractor, pursuant to a contract with Robert Swanson and Rosalind Swanson, hereinafter referted to as the “Owner,” has furnished or caused to be furnished labor, matenals, and services for the construction of certain improvements to real property as more particularly set forth in said contract 3. This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of $57,041.26 . 4 All work to be performed under the contract has been fully completed, and al! lienors under the direct contract have been paid in full, except the following listed lienors NAME OF LIENOR AMOUNT DUE NIA Signed, sealed, and delivered this day of March, 2023, Fernanda Ohl, President of Absolute