On May 07, 2019 a
Party Statement
was filed
involving a dispute between
Elevate Exteriors Inc,
and
Reed, Eric,
Reed, Grace,
for Contract and Indebtedness
in the District Court of Collier County.
Preview
Filing # 106399667 E-Filed 04/17/2020 03:11:44 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
ELEVATE EXTERIORS, INC., Case No: 19-CA-01868
Plaintiff,
v.
GRACE REED and ERIC REED,
Defendants.
/
PLAINTIFF, ELEVATE EXTERIORS, INC.’S STATEMENT OF FACTS
Plaintiff, ELEVATE EXTERIORS, INC. (“Plaintiff”), pursuant to the Agreed Case
Management Plan and Order, herein provides this Statement of Facts, as follows:
Defendants own real property located at 1276 Rainbow Court, Naples, FL 34110
(“Premises”). Before February 2018, Defendants hired D.A. George Construction (“DAG”) as a
prime contractor to complete certain construction work at the Premises. Thereafter, on 2/16/20,
DAG hired Plaintiff as a subcontractor to complete a full-roof-replacement at the Premises (the
“Work”). On 3/14/18, DAG recorded its notice of commencement for the Work, but failed to
complete the work as promised under the original DAG contract.
On 10/29/18, Defendants executed a direct contract with Plaintiff (“Contract”) to replace
DAG as to the scope of work it had previously contracted to complete as a subcontractor, and to
complete the Work. Pursuant to the Contract, Defendants were required to pay Plaintiff $18,050.00
to complete the Work.
On 11/7/18, Defendants executed a Change of Contractor Notification Form terminating
DAG as the contractor of record and identifying Plaintiff as the new contractor of record. Although
Plaintiff completed the Work, Defendant refused to pay Plaintiff the amount due.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 04/17/2020 03:11:44 PMCERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been furnished via e
service to J. Christopher Lombardo, Esq. and Lenore T. Brakefield, Esq., at clombardo@wpl-
legal.com, Ibrakefield@wpl-legal.com, and service@wpl-legal.com, on April 17, 2020.
GORDON & THALWITZER
257 N. Orlando Ave.
Cocoa Beach, FL 32931
T. (321) 799-4777
Primary email: aaron@brevardlegal.com
Secondary emails: jfalatek@brevardlegal.com
e-service@brevardlegal.com
/s/ Aaron Thalwitzer
Aaron B. Thalwitzer, Esq.
Florida Bar No. 42591
Justin R. Falatek, Esq.
Florida Bar No. 92369
Attorneys for the Plaintiff Elevate Exteriors, Inc.
Case Filing Date
May 07, 2019
Category
Contract and Indebtedness
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 106399667 E-Filed 04/17/2020 03:11:44 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ELEVATE EXTERIORS, INC., Case No: 19-CA-01868 Plaintiff, v. GRACE REED and ERIC REED, Defendants. / PLAINTIFF, ELEVATE EXTERIORS, INC.’S STATEMENT OF FACTS Plaintiff, ELEVATE EXTERIORS, INC. (“Plaintiff”), pursuant to the Agreed Case Management Plan and Order, herein provides this Statement of Facts, as follows: Defendants own real property located at 1276 Rainbow Court, Naples, FL 34110 (“Premises”). Before February 2018, Defendants hired D.A. George Construction (“DAG”) as a prime contractor to complete certain construction work at the Premises. Thereafter, on 2/16/20, DAG hired Plaintiff as a subcontractor to complete a full-roof-replacement at the Premises (the “Work”). On 3/14/18, DAG recorded its notice of commencement for the Work, but failed to complete the work as promised under the original DAG contract. On 10/29/18, Defendants executed a direct contract with Plaintiff (“Contract”) to replace DAG as to the scope of work it had previously contracted to complete as a subcontractor, and to complete the Work. Pursuant to the Contract, Defendants were required to pay Plaintiff $18,050.00 to complete the Work. On 11/7/18, Defendants executed a Change of Contractor Notification Form terminating DAG as the contractor of record and identifying Plaintiff as the new contractor of record. Although Plaintiff completed the Work, Defendant refused to pay Plaintiff the amount due. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 04/17/2020 03:11:44 PMCERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished via e service to J. Christopher Lombardo, Esq. and Lenore T. Brakefield, Esq., at clombardo@wpl- legal.com, Ibrakefield@wpl-legal.com, and service@wpl-legal.com, on April 17, 2020. GORDON & THALWITZER 257 N. Orlando Ave. Cocoa Beach, FL 32931 T. (321) 799-4777 Primary email: aaron@brevardlegal.com Secondary emails: jfalatek@brevardlegal.com e-service@brevardlegal.com /s/ Aaron Thalwitzer Aaron B. Thalwitzer, Esq. Florida Bar No. 42591 Justin R. Falatek, Esq. Florida Bar No. 92369 Attorneys for the Plaintiff Elevate Exteriors, Inc.