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CPM-L-000348-23 08/31/2023 5:32:25 PM Pglof20 Trans ID: LCV20232500139
HORN WILLIAMSON LLC
Jennifer Hom, Esquire
NJ Bar ID: 007801997
Scott Hofer, Esquire
NJ Bar ID: 033512007
2 Penn Center | Suite 1700
1500 JFK Boulevard
Philadelphia, PA 19102
215-987-3800
jhom@ homwilliamson.com
shofer@ homwilliamson.com Attorneys for Plaintiffs
xxxxx AND SUZANNE xxxxx
17 Seaview Crossings SUPERIOR COURT OF NEW JERSEY
Cape May Courthouse, NJ 08210 LAW DIVISION: CAPE MAY COUNTY
DOCKET NO:
PLAINTIFFS,
Vv.
CIVIL ACTION
CKJRLLC
336 96" Street COMPLAINT
Stone Harbor, NJ 08247
JIMJOHNSON REQUEST FOR JURY TRIAL
336 96" Street CERTIFICATION AND DESIGNATION
Stone Harbor, NJ 08247 OF TRIAL COUNSEL
CHRISTOPHER HOPE
336 96" Street
Stone Harbor, NJ 08247
BILL MONETTI
10 Indian Trial
Cape May Court House, NJ 08210
SEAGRASS HOMES
10 Indian Trial
Cape May Court House, NJ 08210
RONALD D. FRANKE
44 Brace Road
Medford, New Jersey 08055
ARCHITECTURAL MANAGEMENT,
INC
44 Brace Road
Medford, New Jersey 08055
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KCAM DESIGN alk/a KITCHEN
CABINETS AND MORE
10 Indian Trial #6
Cape May Court House, NJ 08210
WILLIAM ALBRECHT
264 21% Street
Avalon, NJ 08202
COMPASS REALTY
264 21% Street
Avalon, NJ 08202
JOHN DOE COMPANY A, B, AND C.
DEFENDANTS
COMPLAINT:
Plaintiffs, by and through their attorneys, Horn Williamson, LLC, allege the following:
PARTIES
AND VENUE
1 Plaintiffs, xxxxx and Suzanne xxxxx, reside at 17 Seaview Crossings, Cape May
Courthouse, NJ 08210.
2 Defendant, CKJR LLC (“CKJR” or builder), is or was a New Jersey limited liability
company, duly organized and existing under and by virtue of the laws of the State of New Jersey,
with a principal place of business at 336 96" Street, Stone Harbor, New Jersey 08247.
3 Defendant, Jim Johnson, is an owner of CKJR. Mr. Johnson’s mailing address is
the same as CKJR.
4 Defendant, Christopher Hope, is also an owner of CKJR. Mr. Hope’s mailing
address is the same as CKJR.
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5. Defendant, Bill Monetti, is the designer of Seagrass Homes and affiliated with
CKJR. Mr. Monetti’s mailing address is 10 Indian Trail, Cape May Court House, New Jersey.
6 Defendant Seagrass Homes is an entity formed to build homes in the Cape May
Court House area of New Jersey with an address of 10 Indian Trail, Cape May Court House, New
Jersey and is also affiliated with CKJR, Johnson, Hope and Monetti.
7 CKJR, Johnson, Hope, Monetti and Seagrass Homes with be collectively referred
to as “Builder Entities.”
8 Defendant, Ronald D. Franke, RA is a New Jersey architect conducting business in
the State of New Jersey, with a principal place of business at 44 Brace Road, Medford, New Jersey
08055.
9 Upon information and belief, Defendant, Architectural Management, Inc.
(“Architectural Management”) is a corporation performing architectural services whose principal
place of business is located at 44 Brace Road, Medford, New Jersey 08055.
10. Upon information and belief, Defendant, KCAM Design a/k/a Kitchen Cabinets
And More (“KCAM7”) is a corporation performing construction services related to kitchen
cabinets, whose principal place of business is located at 10 Indian Trial #6, Cape May Court
House, NJ 08210.
11. Defendant, William Albrecht is a New Jersey realtor conducting business in the
State of New Jersey, with a principal place of business at 264 21% Street, Avalon, NJ 08202.
12. Upon information and belief, Defendant, Compass Realty (“Compass”) is a
corporation performing real estate sales services whose principal place of business is located at
264 21% Street, Avalon, NJ 08202.
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13. Upon information and belief, Defendant, John Doe Company, A, B and C and
companies not now known, and/or their authorized agents, affiliates, employees, subsidiaries,
parents, sub-contractors, licenses or other representatives, provided and/or performed construction
and other related work and services with respect to the design, development and/or construction
of the design, building and/or construction of the Home at issue.
14, Venue is properly situated in Cape May County, New Jersey and New Jersey law
is properly applied because the property at issue is located in Cape May County, New Jersey.
ROLES AND RELATIONSHIPS OF THE PARTIES
15. Upon information and belief, CKJR was the general contractor for the
construction of Plaintiffs’ home.
16. Upon information and belief, Seagrass Homes is the selling entity of the Home.
17. Each of the Builder Entities has a business relationship with each other.
18. Mr. Monetti helped Plaintiffs make all the selections related to the home,
including but not limited to exterior cladding, roofing, stone, décor, items, colors, etc. during the
building process and was in constant contact with Plaintiffs.
19. Defendants Franke and/or Architectural Management was the architect who
designed Plaintiffs’ home. They will be collectively referred to as “Architectural Defendants.”
20. Defendants Albrecht and/or Compass were the realtors who sold Plaintiffs their
home. Mr. Albrecht is employed or otherwise affiliated with Compass. They will be collectively
referred to as the “Realtor Defendants.”
21. Defendants KCAM provided and/or installed the kitchen and/or other cabinetry in
the Home.
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FACTUAL BACKGROUND
22. On October 8, 2021, Plaintiffs signed a contract titled “Notice to Buyer and
Seller,” where they selected a lot and were subsequently provided by the A gent with plans for
the model they ultimately selected. See contract attached as Exhibit 1
23. Defendant William Albrecht sold Plaintiffs on Seagrass Homes by telling
Plaintiffs how experienced the builder was, having built luxury, custom homes in the area over a
period of many years.
24. After Plaintiff signed the contract, Bill Albrecht called them to inform them that
there was a wetland/water issue on their chosen lot, so he recommended they choose another lot.
Plaintiffs did so.
25. Prior to signing the contract, Plaintiffs initially selected a Monterey model from the
Seagrass Homes website. See Exhibit 2, the website, incorporated herein by reference.
26. On October 8, 2021, Plaintiffs were told that the model was too small, and were
informed that they would be willing to build a Marquis model on the lot.
27. After that, the Realtor Entities agent, William Albrecht, on or about October 8,
2021 sent Plaintiffs a link to a different brand new Farmhouse Craftsman aka Carolina Farmhouse
model, which they ultimately selected.
28. This model was not even listed on the builder’s website at that time.
29. The Farmhouse design by the Architect Defendants was deficient.
30. In addition, changes were made to the Farmhouse architectural plans initially
provided to Plaintiffs of the Farmhouse model without the knowledge or consent of Plaintiffs.
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31. On October 26, 2021 Plaintiffs signed a contract with CKJR LLC (“Contract”) in
order to build the home and components related to Plaintiffs’ home at issue in this matter, 17
Seaview Crossings Cape May Courthouse, NJ 08210 (the “Home”). The contract changed the lot
selection. A true and correct copy of the Contract is attached hereto as Exhibit
3 and
incorporated herein by reference.
32. Upon information and belief, construction of the Home began in or about February
of 2022.
33. In or about September of 2022, Plaintiffs were sent photos of the progress of the
construction of the Home, which showed a home which was different from the Farmhouse
Craftsman that they selected.
34. The Builder Entities used Google documents entitled “Tracking Sheet” to keep
track of various interior and exterior selections for the home. These tracking sheets have since
been deleted or Plaintiffs’ access has been removed.
35. Throughout construction, the Builder Entities failed to promptly order Plaintiffs’
selections, resulting items being out of stock, and Plaintiffs having to make new selections.
36. Each room in the home has construction issues.
37. In addition, various components which were in the model home and/or promised to
Plaintiffs were substituted without Plaintiffs knowledge or consent, such as doors, windows, tile,
etc.
38. The incorrect kitchen cabinets and/or hardware were installed, and there were
issues with the kitchen backsplash.
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39. Plaintiffs bought numerous items for the home and had them delivered to the
Builder Entities’ warehouse, where they then went missing. Plaintiffs have not been reimbursed
and the items have not been returned.
40. A non-exhaustive list of the missing items includes chandeliers, faucets,
showerheads, and other bathroom fixtures.
41 There are fit and finish and interior damage issues throughout the home.
42 Various windows and doors were incorrectly installed.
43. There are exterior issues with the sod, irrigation and dead trees.
44. There are code violations throughout the home.
45, Upon information and belief, the Builder Entities hired and/or entered into contracts
with numerous subcontractors to perform various aspects of work on the home, the identities of
which Plaintiff does not know.
46. Many components of the Home contain numerous design and construction
deficiencies that were the direct and proximate results of Defendants’ work.
47. These defects have caused consequential damage to the interior and exterior of the
Home including but not limited to the issues described herein, as well as other interior and
landscaping issues, water penetration under both garage doors, and the master bathroom tub is not
usable due a leak into the crawlspace from the faucet which fills the tub.
48. The Architect Defendants failed to properly design the Home, including lack of
detailed drawings sufficient for the builder to safely and properly build the Home.
49. The Builder Defendants failed to follow the plans and build the home that Plaintiffs
purchased.
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50. The Defendants as well as John Doe Company A, B and C negligently, carelessly,
and recklessly, performed their scope of work, including violation of building codes, with resultant
consequential damages from defective installations including but not limited to the electrical work,
site grading, insulation, stone veneer, plumbing, appliances, attics, insulation, fire protection and
furnaces.
51. Multiple areas of the Home are out of level and floors, stairs, windows and doors
are out of square due to shoddy construction.
52. In January of 2022, Plaintiffs purchased the lot and obtained the construction loan.
53. On May 2, 2023, Plaintiffs obtained a temporary CO in order to move into the
Home. See Exhibit4
54. On May 10, 2023, Plaintiffs obtained the permanent CO. See Exhibit5.
55. Plaintiffs have been personally impacted by the problems with the property,
including but not limited to loss of use of the property as intended, loss of enjoyment of the
property, concern about the structural integrity of the home, concern about dead trees falling on
the home, financial losses related to issues with the bank loan, lost time from work, being unable
to fully move furniture and personal possessions into the home, as well as other physical and
emotional impacts.
56. Plaintiff homeowners bring this action to recover from the Builder Defendants for
damages resulting from their negligence, breach of contract, consumer fraud, and violation of the
statutes identified herein.
57. Plaintiff homeowners bring this action to recover from the Architectural
Defendants, KCAM, and the John Doe Companies for damages resulting from their negligence.
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58. Plaintiff homeowners bring this action to recover from the Realtor Defendants, for
damages resulting from their negligence, consumer fraud, negligent misrepresentation, and breach
of fiduciary duty.
59. The Home has over $150,000 in damages.
COUNT ONE
BREACH OF CONTRACT
PLAINTIFFSv. CKJR, JOHNSON, HOPE, MONETTI AND SEAGRASS HOMES
60. Plaintiffs incorporate by reference all foregoing allegations as if fully set forth at
length herein.
61. Plaintiffs entered into a contract with CKJR whereby CKJR would build the Home
in exchange for $753,750.
62. Plaintiffs performed all of their duties and obligations under the Contract.
63. The Builder Entities failed to perform their obligations under the Contract and
otherwise breached same.
64. When construction was complete, the builder failed to clear the lot of all the fallen
trees and other debris from around the Home.
65. The Builder Entities lacked any legal excuse or impossibility of performance to
perform its obligations under the Contract.
66. Mr. Monetti failed to fulfill his obligations as Plaintiffs made their selections for
the home.
67. As a direct and proximate cause of The Builder Entities 's breach of the Contract,
Plaintiffs have experienced attendant property damage and damage to non-defectively constructed
components of the Home.
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68. Johnson and Hope failed to observe the requisite corporate formalities and
otherwise operated CKJR as their alter ego.
69. CKJR is little more than a sham company lacking in adequate capitalization that
was set up to frustrate the creditors of CKJR, Johnson and Hope and otherwise assist CKJR,
Johnson and Hope in evading liability from the conduct outlined herein.
70. The company structure of CKJR must be disregarded and otherwise pierced.
71. Johnson and Hope are personally liable for the actions of CKJR as outlined in this
lawsuit.
WHEREFORE, Plaintiffs demand judgment against the Builder Entities, and their
affiliates, successors, and assigns jointly and severally, for:
Compensatory damages;
Consequential damages;
Incidental damages;
Interest;
Cost of suit;
Attorneys’ fees; and
Such other relief as the Court deems just and equitable.
COUNT TWO
BREACH OF EXPRESS AND IMPLIED WARRANTIES
PLAINTIFFSv. CKJ R, JOHNSON, HOPE, MONETTI
AND SEAGRASS HOMES
72. Plaintiffs incorporate the prior allegations by reference, as if set forth at length
herein.
73. CKJR, Johnson, Hope, Monetti and Seagrass Homes made certain express
warranties in the contract that the Home would be free from defects and fit for its intended purpose.
74. By virtue of the failure of the Builder Defendants to construct the Home in a good
and workmanlike manner, free from defects, the Home is not free from defects or fit for its intended
use.
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75. The Builder Defendants have failed to remedy, replace, rectify, repair or otherwise
cure the numerous defects in the Home.
76. Plaintiffs have been damaged as a direct, proximate and foreseeable result of the
aforesaid breaches of express warranties by the Builder Defendants and will, in the future, continue
to sustain direct and consequential damages including, but not limited to, the cost of repairing the
foregoing defects and deficiencies and/or replacing defective materials and deficient
workmanship.
77. The Builder Defendants impliedly warranted to the homeowners that the work they
performed on the Home would be free from defects, constructed in compliance with applicable
building codes, would be built in a workmanlike manner and reasonably fit for its intended
purpose.
78. The Builder Defendants have each breached their implied warranties of fitness for
a particular purpose, workmanlike construction and other implied warranties by performing
workmanship and/or providing materials at the Home that are deficient.
79. The Builder Defendants have each failed to remedy, replace, rectify, repair and cure
the defects in the Home despite their obligation to do so.
80. Plaintiffs have been damaged as a direct, proximate and foreseeable result of the
aforesaid breaches of express and/or implied warranties by the Builder Defendants, and will, in
the future, continue to sustain direct and consequential damages including, but not limited to, the
cost of repairing the foregoing defects and deficiencies and/or replacing defective materials and
deficient workmanship.
WHEREFORE, Plaintiffs demand judgment against the Builder Defendants and their
affiliates, successors, and assigns, jointly and severally, for:
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Compensatory damages;
Consequential damages;
Incidental damages;
Interest;
Cost of suit;
Attorneys’ fees; and
Such other relief as the Court deems just and equitable.
COUNT THREE
NEGLIGENCE
PLAINTIFFSv. RONALD D. FRANKE and ARCHITECTURAL MANAGEMENT, INC.
81. Plaintiffs incorporate all prior allegations as if fully set forth at length herein.
82. Plaintiffs were foreseeable third-party beneficiaries with respect to any design
related services provided by the Architectural Defendants in relation to the Home.
83. As a licensed architect and professional engineer, the Architectural Defendants
owed the Builder Defendants and Plaintiffs a greater degree of care consistent with the superior
knowledge and skill of a licensed design professional.
84. Mr. Franke failed to use the care, skill, ability, and diligence ordinarily required by
architects and engineers in the course preparing the plans utilized in relation to the construction of
the Home as well as any other design related services provided in relation to this project.
85. Defendant Franke breached his duty of care owed to Builder Defendants and
Plaintiffs.
86. As a direct and proximate cause of the Architectural Defendant’s defective,
negligent, careless, and reckless acts or omissions in performing his scope of work relating to the
design of the Home, Plaintiffs have experienced attendant property damage and damage to non-
defectively constructed components of the Home.
87. Plaintiffs have been and continue to be damaged to an extent not yet fully
determined as a result of the Architectural Defendant’s negligence.
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WHEREFORE, Plaintiffs demand judgment against Architectural Defendants and their
affiliates, successors, and assigns, jointly and severally, for:
Compensatory damages;
Consequential damages;
Incidental damages;
Interest;
Cost of suit;
Attorneys’ fees; and
Such other relief as the Court deems just and equitable.
COUNT FOUR
NEGLIGENCE
PLAINTIFFSv. KCAM AND JOHN DOE COMPANY,A, B, C
88. Plaintiffs incorporate all prior allegations as if fully set forth at length herein.
89. KCAM’s work on the cabinetry throughout the home was deficient.
90. Plaintiffs were foreseeable third-party beneficiaries with respect to any work
performed by KCAM and John Doe Company, A, B, C.
91. KCAM and John Doe Company, A, B, C owed the Builder Defendants and
Plaintiffs a degree of care consistent with the superior knowledge and skill of licensed and/or
experienced professionals.
92. KCAM and John Doe Company, A, B, C failed to exercise the care, skill, ability,
and diligence ordinarily required by subcontractors in relation to the construction of the Home.
93. KCAM and John Doe Company, A, B, C breached their duty of care owed to the
Builder Defendants and Plaintiffs.
94. As a direct and proximate cause of the above referenced Defendants’ negligent,
careless, and reckless acts or omissions in performing their scope of work relating to the Home,
Plaintiffs have experienced attendant property damage and damage to non-defectively
constructed components of the Home.
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95. Plaintiffs have been and continue to be damaged to an extent not yet fully
determined as a result of the negligence.
WHEREFORE, Plaintiffs demand judgment against KCAM and John Doe Company, A,
B, C and their affiliates, successors, and assigns, jointly and severally, for:
Compensatory damages;
Consequential damages;
Incidental damages;
Interest;
Cost of suit;
Attorneys’ fees; and
Such other relief as the Court deems just and equitable.
COUNT FIVE
CONSUMER FRAUD
PLAINTIFFS
v. THE BUILDER DEFENDANTS
96. Plaintiffs incorporate the prior allegations by reference, as if set forth at length
herein.
97. The Builder Defendants’ violation of the construction agreement in conjunction
with material misrepresentations about the progress of the work, “losing” items purchased by
Plaintiffs, misapplication and/or misappropriation of funds earmarked for construction of the
Home, constitute unconscionable commercial practices, fraud, false pretense, false promises,
misrepresentation and deception in violation of N.J.S.A.56:8-1, et. seq. (New Jersey Consumer
Fraud Act).
98. By intentionally misrepresenting to the subcontractors to the Home and otherwise
directing CJKR and/or Seagrass to violate the Consumer Fraud Act, Johnson, Hope, Monetti are
personally liable under the concept of “participation theory” as well as the previously mentioned
allegations supporting the disregard of the company structure.
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99. The Builder Defendants also violated N.J.A.C. 13:45A-16.2(a), Unlawful Practices
by, among other things: product misrepresentations, failing to complete the work, bait selling by
promising certain products would be utilized to induce sale and then unilaterally changing the
materials used in construction and/or failing to have available a quantity of advertised produces to
meet the demands reasonably needed based on the Plaintiff's selections, insufficient description
of the work in the Contract and lack of descriptions of the products/materials used in the
construction.
WHEREFORE, Plaintiffs demand judgment against the Builder Defendants, jointly and
severally:
a. Declaring that Defendants’ violation of the construction agreement, their
misapplication and/or misappropriation of funds earmarked for the construction
of Plaintiffs’ home, unconscionable commercial practice, fraud, false pretense,
false promise, misrepresentation and deception in violation of N.J.S.A.56:8-2
(Consumer Fraud A ct);
Declaring that Plaintiffs are entitled to treble damages in the amount to be
determined at trial plus interest;
Ordering Defendants to reimburse Plaintiffs for all attorney’s fees and costs
incurred thus far, and
d. Any other relief the Court deems just and proper.
COUNT SIX
NEGLIGENT MISREPRESENTATION
PLAINTIFFSv. BUILDER DEFENDANTS, WILLIAM ALBRECHT AND
COMPASS REALTY
100. Plaintiffs incorporate all prior allegations as if fully set forth at length herein.
101. At all times relevant, the Builder Defendants, Albrecht and Compass engaged in
real estate transactions.
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102. The Builder Defendants, Albrecht and Compass, acting through their agents,
officers, servants, representatives or employees, negligently and recklessly misrepresented their
ability to provide Plaintiffs with the Home they bargained for in their A greement of Sale.
103. These misrepresentations were made under circumstances in which Defendants
either knew or in the exercise of reasonable care should have known that the various facts of such
misrepresentations related to the Home were not true or were not known to be true.
104. The misrepresentations were further reiterated and disseminated by Defendants’
agents, officers, servants, representatives or employees acting within the course and scope of their
authority to conduct transactions on behalf of Defendants.
105. These misrepresentations conceming the Home were made orally and via emails
with Plaintiffs throughout the sales process.
106. Plaintiffs, in reliance on the truth of the misrepresentations in Defendants’ emails
and verbal representations, agreed to enter into an agreement to purchase the Home.
107. The Defendants’’ assurances and misrepresentations were a direct and proximate
cause of the injuries suffered by Plaintiffs.
108. But for the Defendants’ misrepresentations concerning the transaction, the
Plaintiffs never would have entered into a purchase agreement for the home, or followed through
with the closing on the property.
109. Plaintiffs would never have sustained the injuries alleged in this Complaint, but for
the falsity of Defendants’ representations.
110. As a result of the Defendants’ misrepresentations, Plaintiffs have suffered and will
continue to suffer damages, including but not limited to pecuniary damages, loss of the benefit of
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the contract, loss of use and enjoyment of the home, and other damages, all to their loss and
detriment.
111. Albrecht and Compass owed the Plaintiffs a degree of care consistent with the
superior knowledge and skill of licensed and/or experienced professionals.
112. Albrecht and Compass failed to exercise the care, skill, ability, and diligence
ordinarily required by realtors in relation to the sale and purchase of the Home.
113. Albrecht and Compass breached their duty of care owed to the Plaintiffs.
WHEREFORE, Plaintiffs demand judgment against Builder Defendants, Albrecht and
Compass and their affiliates, successors, and assigns, jointly and severally, for:
Compensatory damages;
Consequential damages;
Incidental damages;
Interest;
Cost of suit;
Attorneys’ fees; and
Such other relief as the Court deems just and equitable.
COUNT SEVEN
BREACH OF FIDUCIARY DUTY
PLAINTIFFSv. WILLIAM ALBRECHT AND COMPASS REALTY
114. Plaintiffs incorporate all prior allegations as if fully set forth at length herein.
115. Atall times relevant, Albrecht and Compass engaged in real estate transactions.
116. Pursuant to the agreement between the Plaintiffs and Albrecht and/or Compass,
Defendants owed Plaintiffs a fiduciary duty with regard to this real estate transaction.
117. Defendants breached that duty when they failed to disclose or misrepresented to
Plaintiffs the reality of the situation with the Home they were purchasing, including but not limited
to issues with the location of the lot recommended by the realtor, a Home Owners Association was
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promised but none exits, issues with stairs and the bonus room, and other issues with the building
plans the realtor recommended.
118. As a result of Defendants’ breach, Plaintiffs have suffered and will continue to
suffer damages, including but not limited to pecuniary damages, loss of the benefit of their
contract, loss of use and enjoyment of the home, and other damages, all to their loss and detriment.
WHEREFORE, Plaintiffs demand judgment against Albrecht and Compass and their
affiliates, successors, and assigns, jointly and severally, for:
Compensatory damages;
Consequential damages;
Incidental damages;
Interest;
Cost of suit;
Attorneys’ fees; and
Such other relief as the Court deems just and equitable.
HORN WILLIAMSON LLC
Dated: _ By /s/ Scott C. Hofer
Jennifer Hom, Esquire
Scott C. Hofer, Esquire
Attorneys for Plaintiffs
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CERTIFICATION
I, Scott C. Hofer, of full age, hereby certify:
I am a member in good standing of the Bar of the State of New Jersey and have been
engaged to represent the Plaintiffs in this matter before the courts of New Jersey. I have read the
Complaint and certify that the allegations contained in the Complaint are true to the best of my
knowledge and belief. I certify that the foregoing statements are true. I am aware that if any
statement made herein is willfully false, I am subject to punishment.
HORN WILLIAMSON LLC
Dated: _ By: /s/ Scott C. Hofer
Jennifer Hom, Esquire
Scott C. Hofer, Esquire
Attorneys for Plaintiffs
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DESIGNATION OF TRIAL COUNSEL
Plaintiffs designates Jennifer Horn, Esquire, and Scott Hofer, Esquire, as trial counsel.
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand trial by jury of all issues triable by right of jury.
RULE 4:5-1 CERTIFICATION
The undersigned certifies that pursuant to Rule 4:5-1, the matter in controversy is not the
subject of another proceeding in any court or of a pending arbitration that has been served upon
the Plaintiffs. Plaintiffs were required to invalidate an unlawful construction lien claim by by
CKJR and it is possible that CKJR has filed an action that has not yet been served upon the
Plaintiffs. The undersigned is not presently aware of any additional parties that should be included
in this action. I certify that confidential personal identifiers have been redacted from documents
not submitted to the Court, and will be redacted from all documents in the future in accordance
with Rule 1:38-7(b)
HORN WILLIAMSON LLC
Dated: ------- By: Is/ Scott C. Hofer _
Jennifer Hom, Esquire
Scott C. Hofer, Esquire
Attorneys for Plaintiffs
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EXHIBIT 1
CPM-L-000348-23 08/31/2023 5:32:25 PM Pg2of7 Trans ID: LCV20232500139
DocuSign Envelope ID: 0A3D1D85-85A6-4189-B931-AA1CE9B63DC1
Page 1 of 13
NOTICE
TO BUYER AND SELLER
READ THIS NOTICE BEFORE SIGNING THE CONTRACT
The Law requires real estate brokers to give you the following information before signing this contract. It requires
us to tell you that you must read all of it before you sign. The purpose is to help you in this purchase or sale.
(1) As a real estate broker, | represent: {|the Seller, not the Buyer; ||the Buyer, not the Seller; |X| both the
Seller and the Buyer; |_| neither the Seller nor the Buyer.
The title company does not represent either the Seller or the Buyer.
(2) You will not get any legal advice unless you have your own lawyer. Neither | nor anyone from the title
company can give legal advice to either the Buyer or the Seller. If you do not hire a lawyer, no one will represent
you in legal matters now or at the settlement. Neither | nor the title company will represent you in those matters.
(3) The contract is the most important part of the transaction. It determines your rights, risks and obligations.
Signing the contract is a big step. A lawyer would review the contract; help you to understand it, and to
negotiate its terms.
(4) The contract becomes final and binding unless your lawyer cancels it within the following three business
days. If you do not have a lawyer, you cannot change or cancel the contract unless the other party agrees.
Neither can the real estate broker nor the title insurance company change the contract.
(5) Another important service of a lawyer is to order a survey, title report or other important records. The lawyer
will review them and help to resolve any questions that may arise about the ownership and condition of the
property. These reports and survey can cost you a lot of money. A lawyer will also prepare the documents
needed to close title and represent you at the settlement.
(6) A Buyer without a lawyer runs special risks. Only a lawyer can advise a Buyer about what to do if problems arise
concerning the purchase of this property. The problems may be about the Seller's title, the size and shape of the
property, or other matters that may affect the value of the property. If either the Broker or the title company knows
about the problems, they should tell you. But they may not recognize the problem, see it from your point of view, or
know what to do. Ordinarily, the Broker and the title company have an interest in seeing that the sale is completed,
because only then do they usually receive their commissions. So, their interests may differ from yours.
(7) Whether you retain a lawyer is up to you. It is your decision. The purpose of this notice is to make sure that
you have the information needed to make your decision.
i
DocuSigned by: DocuSigned by:
10/8/2021 10/8/2021
keithA. Cable
bACERR7420F4ca DATE PER OEE DATE
CKJR LLC dba Seagrass Homes i a
10/8/2021
PERCE
SELLER DATE DATE
Si 6 MeeBable
DocuSigned by:
fa a
William Albrecht Se
William Albrechts=
Sstirrgp Breer DATE Selling Broker” DATE
William "Bill" Albrecht William "Bill" Albrecht
Prepared by: William "Bill" Albrecht
Name of Real Estate Licensee
‘Compass - NJ - Moorestown, 129 Chester Avenue Moorestown, NJ 08057 Phone: (267) 435-8015 Fa Messina Ct Lot 308
Bill Albrecht Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1/5 ‘yaw lwolt.com
CPM-L-000348-23 08/31/2023 5:32:25 PM Pg3o0f7 Trans ID: LCV20232500139
DocuSign Envelope ID: 0A3D1D85-85A6-4189-B931-AA1CE9B63DC1
Page 2 of 13
THIS FORM MAY BE USED ONLY IN THE SALE OF A ONE TO FOUR-FAMILY RESIDENTIAL PROPERTY
OR VACANT ONE-FAMILY LOTS. THIS FORM IS SUITABLE FOR USE ONLY WHERE THE SELLER HAS
PREVIOUSLY EXECUTED A WRITTEN LISTING AGREEMENT.
CONTRACT FOR SALE OF A ONE-TO-FOUR FAMILY RESIDENTIAL PROPERTY
THIS IS A LEGALLY BINDING CONTRACT THAT WILL BECOME FINAL IN THREE (3) BUSINESS DAYS.
DURING THIS PERIOD YOU MAY CHOOSE TO CONSULT AN ATTORNEY WHO CAN REVIEW AND CANCEL
THIS CONTRACT. SEE SECTION ON ATTORNEY REVIEW FOR DETAILS.
TABLE OF CONTENTS
Sale, Purchase and Property 26. Assessments
10 Personal Property and Fixtures 27. Possession
11 Purchase Price 28. Smoke Detector and Certificate
12 Payment of Purchase Price 29. Counterparts and/or Facsimile Signature
13 Deposit Money 30 No Reliance on Others
14 Mortgage Financing Contingency 31 Notices
15 Time and Place of Settlement 32) Electronic Signatures and Documents
16 Payment of Expenses 33. No Recording
17 9 Buyer Financially Able to Close 34 Lead-Based Paint
18 10 Transfer of Title 35. Consumer Information Statement
19 11 Type of Deed 36. Declaration of Licensee Business Relationship(s)
20 12. Physical Condition of the Property 37, Flood Hazard Area
21 13. Wood Boring Insect Inspection 38 Airport Safety Zone
22 14 Buyer's Right to Inspection 39. Adjustments at Settlement
23 15. Inspection Contingency Clause 40. Parties Liable
24 16 Inspection of Property a Megan's Law Statement
25 17. Building and Zoning Laws 42. Notice of Off-Site Conditions
26 18. Property Lines 43. FIRPTA
27 19, Correcting Defects 44 Attorney Review
28 20. New Jersey Hotel and Multiple Dwelling Health 45. Private Well Testing
29 and Safety Act 46. Septic Certification
30 21 Ownership 47. Bulk Sales
31 22. Seller's Right to Pay Claims at Settlement 48. Brokers to Receive Closing Disclosure
32 23. Risk of Loss 49. Equitable Lien
33 24. Cancellation and Default Clause 50. Additional Contract Provisions (If Any)
34 25. Brokers 51 Complete Agreement
35 52. Acknowledgement of Terms of Contract
36
37 CONTRACT FOR SALE has been prepared on the 8th day of October , 2021_, BETWEEN
38 CKJR LLC dba Seagrass Homes , the Seller(s) whose address is
39 336 96th street Suite 3, Stone Harbor, NJ 08247 AND ,
40 xxxxx A. xxxxx, Suzanne M. xxxxx the Buyer(s) whose
41 address is 7 Nicklaus Way, Mashpee, MA 02649-3289
42
43 1. SALE, PURCHASE AND PROPERTY.
44 The Seller agrees to sell and the Buyer agrees to buy under the terms of this Contract:
45
46 (a) All that land, building(s), and improvements in the Municipality of Middle Twp , County of Cape May,
47 and State of New Jersey, being commonly known as 9 Seaview Crossings , as identified on the Municipal Tax Map
48 as Block 348.02 , Lot(s) No(s) 3.05
49
50 A description of the boundaries of the land is either attached as Schedule “A” or appears in Deed Book at page
51 , recorded in the Clerk or Registrar of Deed's Office of Cape May County.
52 Land dimensions: approx. 1.006 acres
53 (b) All other rights of the Seller in this land.
qe
54
55 2. PERSONAL D FIXTURES.
BUYER's Initials
é ) Date
10/8/2021 SELLER's ria ) Date
10/8/2021
‘Compass - NJ - Moorestown, 129 Chester Avenue Moorestown, NJ 08087 Phone: (267) 435-8015 Fax Messina Ct Lot 308
Bill Albrecht Produced with Lone Wolf Tran
Preview
CPM-L-000348-23 08/31/2023 5:32:25 PM Pglof20 Trans ID: LCV20232500139 HORN WILLIAMSON LLC Jennifer Hom, Esquire NJ Bar ID: 007801997 Scott Hofer, Esquire NJ Bar ID: 033512007 2 Penn Center | Suite 1700 1500 JFK Boulevard Philadelphia, PA 19102 215-987-3800 jhom@ homwilliamson.com shofer@ homwilliamson.com Attorneys for Plaintiffs xxxxx AND SUZANNE xxxxx 17 Seaview Crossings SUPERIOR COURT OF NEW JERSEY Cape May Courthouse, NJ 08210 LAW DIVISION: CAPE MAY COUNTY DOCKET NO: PLAINTIFFS, Vv. CIVIL ACTION CKJRLLC 336 96" Street COMPLAINT Stone Harbor, NJ 08247 JIMJOHNSON REQUEST FOR JURY TRIAL 336 96" Street CERTIFICATION AND DESIGNATION Stone Harbor, NJ 08247 OF TRIAL COUNSEL CHRISTOPHER HOPE 336 96" Street Stone Harbor, NJ 08247 BILL MONETTI 10 Indian Trial Cape May Court House, NJ 08210 SEAGRASS HOMES 10 Indian Trial Cape May Court House, NJ 08210 RONALD D. FRANKE 44 Brace Road Medford, New Jersey 08055 ARCHITECTURAL MANAGEMENT, INC 44 Brace Road Medford, New Jersey 08055 ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg2of20 Trans ID: LCV20232500139 KCAM DESIGN alk/a KITCHEN CABINETS AND MORE 10 Indian Trial #6 Cape May Court House, NJ 08210 WILLIAM ALBRECHT 264 21% Street Avalon, NJ 08202 COMPASS REALTY 264 21% Street Avalon, NJ 08202 JOHN DOE COMPANY A, B, AND C. DEFENDANTS COMPLAINT: Plaintiffs, by and through their attorneys, Horn Williamson, LLC, allege the following: PARTIES AND VENUE 1 Plaintiffs, xxxxx and Suzanne xxxxx, reside at 17 Seaview Crossings, Cape May Courthouse, NJ 08210. 2 Defendant, CKJR LLC (“CKJR” or builder), is or was a New Jersey limited liability company, duly organized and existing under and by virtue of the laws of the State of New Jersey, with a principal place of business at 336 96" Street, Stone Harbor, New Jersey 08247. 3 Defendant, Jim Johnson, is an owner of CKJR. Mr. Johnson’s mailing address is the same as CKJR. 4 Defendant, Christopher Hope, is also an owner of CKJR. Mr. Hope’s mailing address is the same as CKJR. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg3of20 Trans ID: LCV20232500139 5. Defendant, Bill Monetti, is the designer of Seagrass Homes and affiliated with CKJR. Mr. Monetti’s mailing address is 10 Indian Trail, Cape May Court House, New Jersey. 6 Defendant Seagrass Homes is an entity formed to build homes in the Cape May Court House area of New Jersey with an address of 10 Indian Trail, Cape May Court House, New Jersey and is also affiliated with CKJR, Johnson, Hope and Monetti. 7 CKJR, Johnson, Hope, Monetti and Seagrass Homes with be collectively referred to as “Builder Entities.” 8 Defendant, Ronald D. Franke, RA is a New Jersey architect conducting business in the State of New Jersey, with a principal place of business at 44 Brace Road, Medford, New Jersey 08055. 9 Upon information and belief, Defendant, Architectural Management, Inc. (“Architectural Management”) is a corporation performing architectural services whose principal place of business is located at 44 Brace Road, Medford, New Jersey 08055. 10. Upon information and belief, Defendant, KCAM Design a/k/a Kitchen Cabinets And More (“KCAM7”) is a corporation performing construction services related to kitchen cabinets, whose principal place of business is located at 10 Indian Trial #6, Cape May Court House, NJ 08210. 11. Defendant, William Albrecht is a New Jersey realtor conducting business in the State of New Jersey, with a principal place of business at 264 21% Street, Avalon, NJ 08202. 12. Upon information and belief, Defendant, Compass Realty (“Compass”) is a corporation performing real estate sales services whose principal place of business is located at 264 21% Street, Avalon, NJ 08202. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg4of20 Trans ID: LCV20232500139 13. Upon information and belief, Defendant, John Doe Company, A, B and C and companies not now known, and/or their authorized agents, affiliates, employees, subsidiaries, parents, sub-contractors, licenses or other representatives, provided and/or performed construction and other related work and services with respect to the design, development and/or construction of the design, building and/or construction of the Home at issue. 14, Venue is properly situated in Cape May County, New Jersey and New Jersey law is properly applied because the property at issue is located in Cape May County, New Jersey. ROLES AND RELATIONSHIPS OF THE PARTIES 15. Upon information and belief, CKJR was the general contractor for the construction of Plaintiffs’ home. 16. Upon information and belief, Seagrass Homes is the selling entity of the Home. 17. Each of the Builder Entities has a business relationship with each other. 18. Mr. Monetti helped Plaintiffs make all the selections related to the home, including but not limited to exterior cladding, roofing, stone, décor, items, colors, etc. during the building process and was in constant contact with Plaintiffs. 19. Defendants Franke and/or Architectural Management was the architect who designed Plaintiffs’ home. They will be collectively referred to as “Architectural Defendants.” 20. Defendants Albrecht and/or Compass were the realtors who sold Plaintiffs their home. Mr. Albrecht is employed or otherwise affiliated with Compass. They will be collectively referred to as the “Realtor Defendants.” 21. Defendants KCAM provided and/or installed the kitchen and/or other cabinetry in the Home. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg5of20 Trans ID: LCV20232500139 FACTUAL BACKGROUND 22. On October 8, 2021, Plaintiffs signed a contract titled “Notice to Buyer and Seller,” where they selected a lot and were subsequently provided by the A gent with plans for the model they ultimately selected. See contract attached as Exhibit 1 23. Defendant William Albrecht sold Plaintiffs on Seagrass Homes by telling Plaintiffs how experienced the builder was, having built luxury, custom homes in the area over a period of many years. 24. After Plaintiff signed the contract, Bill Albrecht called them to inform them that there was a wetland/water issue on their chosen lot, so he recommended they choose another lot. Plaintiffs did so. 25. Prior to signing the contract, Plaintiffs initially selected a Monterey model from the Seagrass Homes website. See Exhibit 2, the website, incorporated herein by reference. 26. On October 8, 2021, Plaintiffs were told that the model was too small, and were informed that they would be willing to build a Marquis model on the lot. 27. After that, the Realtor Entities agent, William Albrecht, on or about October 8, 2021 sent Plaintiffs a link to a different brand new Farmhouse Craftsman aka Carolina Farmhouse model, which they ultimately selected. 28. This model was not even listed on the builder’s website at that time. 29. The Farmhouse design by the Architect Defendants was deficient. 30. In addition, changes were made to the Farmhouse architectural plans initially provided to Plaintiffs of the Farmhouse model without the knowledge or consent of Plaintiffs. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg6of20 Trans ID: LCV20232500139 31. On October 26, 2021 Plaintiffs signed a contract with CKJR LLC (“Contract”) in order to build the home and components related to Plaintiffs’ home at issue in this matter, 17 Seaview Crossings Cape May Courthouse, NJ 08210 (the “Home”). The contract changed the lot selection. A true and correct copy of the Contract is attached hereto as Exhibit 3 and incorporated herein by reference. 32. Upon information and belief, construction of the Home began in or about February of 2022. 33. In or about September of 2022, Plaintiffs were sent photos of the progress of the construction of the Home, which showed a home which was different from the Farmhouse Craftsman that they selected. 34. The Builder Entities used Google documents entitled “Tracking Sheet” to keep track of various interior and exterior selections for the home. These tracking sheets have since been deleted or Plaintiffs’ access has been removed. 35. Throughout construction, the Builder Entities failed to promptly order Plaintiffs’ selections, resulting items being out of stock, and Plaintiffs having to make new selections. 36. Each room in the home has construction issues. 37. In addition, various components which were in the model home and/or promised to Plaintiffs were substituted without Plaintiffs knowledge or consent, such as doors, windows, tile, etc. 38. The incorrect kitchen cabinets and/or hardware were installed, and there were issues with the kitchen backsplash. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg7of20 Trans ID: LCV20232500139 39. Plaintiffs bought numerous items for the home and had them delivered to the Builder Entities’ warehouse, where they then went missing. Plaintiffs have not been reimbursed and the items have not been returned. 40. A non-exhaustive list of the missing items includes chandeliers, faucets, showerheads, and other bathroom fixtures. 41 There are fit and finish and interior damage issues throughout the home. 42 Various windows and doors were incorrectly installed. 43. There are exterior issues with the sod, irrigation and dead trees. 44. There are code violations throughout the home. 45, Upon information and belief, the Builder Entities hired and/or entered into contracts with numerous subcontractors to perform various aspects of work on the home, the identities of which Plaintiff does not know. 46. Many components of the Home contain numerous design and construction deficiencies that were the direct and proximate results of Defendants’ work. 47. These defects have caused consequential damage to the interior and exterior of the Home including but not limited to the issues described herein, as well as other interior and landscaping issues, water penetration under both garage doors, and the master bathroom tub is not usable due a leak into the crawlspace from the faucet which fills the tub. 48. The Architect Defendants failed to properly design the Home, including lack of detailed drawings sufficient for the builder to safely and properly build the Home. 49. The Builder Defendants failed to follow the plans and build the home that Plaintiffs purchased. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg8of20 Trans ID: LCV20232500139 50. The Defendants as well as John Doe Company A, B and C negligently, carelessly, and recklessly, performed their scope of work, including violation of building codes, with resultant consequential damages from defective installations including but not limited to the electrical work, site grading, insulation, stone veneer, plumbing, appliances, attics, insulation, fire protection and furnaces. 51. Multiple areas of the Home are out of level and floors, stairs, windows and doors are out of square due to shoddy construction. 52. In January of 2022, Plaintiffs purchased the lot and obtained the construction loan. 53. On May 2, 2023, Plaintiffs obtained a temporary CO in order to move into the Home. See Exhibit4 54. On May 10, 2023, Plaintiffs obtained the permanent CO. See Exhibit5. 55. Plaintiffs have been personally impacted by the problems with the property, including but not limited to loss of use of the property as intended, loss of enjoyment of the property, concern about the structural integrity of the home, concern about dead trees falling on the home, financial losses related to issues with the bank loan, lost time from work, being unable to fully move furniture and personal possessions into the home, as well as other physical and emotional impacts. 56. Plaintiff homeowners bring this action to recover from the Builder Defendants for damages resulting from their negligence, breach of contract, consumer fraud, and violation of the statutes identified herein. 57. Plaintiff homeowners bring this action to recover from the Architectural Defendants, KCAM, and the John Doe Companies for damages resulting from their negligence. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg9of20 Trans ID: LCV20232500139 58. Plaintiff homeowners bring this action to recover from the Realtor Defendants, for damages resulting from their negligence, consumer fraud, negligent misrepresentation, and breach of fiduciary duty. 59. The Home has over $150,000 in damages. COUNT ONE BREACH OF CONTRACT PLAINTIFFSv. CKJR, JOHNSON, HOPE, MONETTI AND SEAGRASS HOMES 60. Plaintiffs incorporate by reference all foregoing allegations as if fully set forth at length herein. 61. Plaintiffs entered into a contract with CKJR whereby CKJR would build the Home in exchange for $753,750. 62. Plaintiffs performed all of their duties and obligations under the Contract. 63. The Builder Entities failed to perform their obligations under the Contract and otherwise breached same. 64. When construction was complete, the builder failed to clear the lot of all the fallen trees and other debris from around the Home. 65. The Builder Entities lacked any legal excuse or impossibility of performance to perform its obligations under the Contract. 66. Mr. Monetti failed to fulfill his obligations as Plaintiffs made their selections for the home. 67. As a direct and proximate cause of The Builder Entities 's breach of the Contract, Plaintiffs have experienced attendant property damage and damage to non-defectively constructed components of the Home. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg10of20 Trans ID: LCV20232500139 68. Johnson and Hope failed to observe the requisite corporate formalities and otherwise operated CKJR as their alter ego. 69. CKJR is little more than a sham company lacking in adequate capitalization that was set up to frustrate the creditors of CKJR, Johnson and Hope and otherwise assist CKJR, Johnson and Hope in evading liability from the conduct outlined herein. 70. The company structure of CKJR must be disregarded and otherwise pierced. 71. Johnson and Hope are personally liable for the actions of CKJR as outlined in this lawsuit. WHEREFORE, Plaintiffs demand judgment against the Builder Entities, and their affiliates, successors, and assigns jointly and severally, for: Compensatory damages; Consequential damages; Incidental damages; Interest; Cost of suit; Attorneys’ fees; and Such other relief as the Court deems just and equitable. COUNT TWO BREACH OF EXPRESS AND IMPLIED WARRANTIES PLAINTIFFSv. CKJ R, JOHNSON, HOPE, MONETTI AND SEAGRASS HOMES 72. Plaintiffs incorporate the prior allegations by reference, as if set forth at length herein. 73. CKJR, Johnson, Hope, Monetti and Seagrass Homes made certain express warranties in the contract that the Home would be free from defects and fit for its intended purpose. 74. By virtue of the failure of the Builder Defendants to construct the Home in a good and workmanlike manner, free from defects, the Home is not free from defects or fit for its intended use. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg1lof20 Trans ID: LCV20232500139 75. The Builder Defendants have failed to remedy, replace, rectify, repair or otherwise cure the numerous defects in the Home. 76. Plaintiffs have been damaged as a direct, proximate and foreseeable result of the aforesaid breaches of express warranties by the Builder Defendants and will, in the future, continue to sustain direct and consequential damages including, but not limited to, the cost of repairing the foregoing defects and deficiencies and/or replacing defective materials and deficient workmanship. 77. The Builder Defendants impliedly warranted to the homeowners that the work they performed on the Home would be free from defects, constructed in compliance with applicable building codes, would be built in a workmanlike manner and reasonably fit for its intended purpose. 78. The Builder Defendants have each breached their implied warranties of fitness for a particular purpose, workmanlike construction and other implied warranties by performing workmanship and/or providing materials at the Home that are deficient. 79. The Builder Defendants have each failed to remedy, replace, rectify, repair and cure the defects in the Home despite their obligation to do so. 80. Plaintiffs have been damaged as a direct, proximate and foreseeable result of the aforesaid breaches of express and/or implied warranties by the Builder Defendants, and will, in the future, continue to sustain direct and consequential damages including, but not limited to, the cost of repairing the foregoing defects and deficiencies and/or replacing defective materials and deficient workmanship. WHEREFORE, Plaintiffs demand judgment against the Builder Defendants and their affiliates, successors, and assigns, jointly and severally, for: ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg12of20 Trans ID: LCV20232500139 Compensatory damages; Consequential damages; Incidental damages; Interest; Cost of suit; Attorneys’ fees; and Such other relief as the Court deems just and equitable. COUNT THREE NEGLIGENCE PLAINTIFFSv. RONALD D. FRANKE and ARCHITECTURAL MANAGEMENT, INC. 81. Plaintiffs incorporate all prior allegations as if fully set forth at length herein. 82. Plaintiffs were foreseeable third-party beneficiaries with respect to any design related services provided by the Architectural Defendants in relation to the Home. 83. As a licensed architect and professional engineer, the Architectural Defendants owed the Builder Defendants and Plaintiffs a greater degree of care consistent with the superior knowledge and skill of a licensed design professional. 84. Mr. Franke failed to use the care, skill, ability, and diligence ordinarily required by architects and engineers in the course preparing the plans utilized in relation to the construction of the Home as well as any other design related services provided in relation to this project. 85. Defendant Franke breached his duty of care owed to Builder Defendants and Plaintiffs. 86. As a direct and proximate cause of the Architectural Defendant’s defective, negligent, careless, and reckless acts or omissions in performing his scope of work relating to the design of the Home, Plaintiffs have experienced attendant property damage and damage to non- defectively constructed components of the Home. 87. Plaintiffs have been and continue to be damaged to an extent not yet fully determined as a result of the Architectural Defendant’s negligence. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg13of20 Trans ID: LCV20232500139 WHEREFORE, Plaintiffs demand judgment against Architectural Defendants and their affiliates, successors, and assigns, jointly and severally, for: Compensatory damages; Consequential damages; Incidental damages; Interest; Cost of suit; Attorneys’ fees; and Such other relief as the Court deems just and equitable. COUNT FOUR NEGLIGENCE PLAINTIFFSv. KCAM AND JOHN DOE COMPANY,A, B, C 88. Plaintiffs incorporate all prior allegations as if fully set forth at length herein. 89. KCAM’s work on the cabinetry throughout the home was deficient. 90. Plaintiffs were foreseeable third-party beneficiaries with respect to any work performed by KCAM and John Doe Company, A, B, C. 91. KCAM and John Doe Company, A, B, C owed the Builder Defendants and Plaintiffs a degree of care consistent with the superior knowledge and skill of licensed and/or experienced professionals. 92. KCAM and John Doe Company, A, B, C failed to exercise the care, skill, ability, and diligence ordinarily required by subcontractors in relation to the construction of the Home. 93. KCAM and John Doe Company, A, B, C breached their duty of care owed to the Builder Defendants and Plaintiffs. 94. As a direct and proximate cause of the above referenced Defendants’ negligent, careless, and reckless acts or omissions in performing their scope of work relating to the Home, Plaintiffs have experienced attendant property damage and damage to non-defectively constructed components of the Home. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg14of20 Trans ID: LCV20232500139 95. Plaintiffs have been and continue to be damaged to an extent not yet fully determined as a result of the negligence. WHEREFORE, Plaintiffs demand judgment against KCAM and John Doe Company, A, B, C and their affiliates, successors, and assigns, jointly and severally, for: Compensatory damages; Consequential damages; Incidental damages; Interest; Cost of suit; Attorneys’ fees; and Such other relief as the Court deems just and equitable. COUNT FIVE CONSUMER FRAUD PLAINTIFFS v. THE BUILDER DEFENDANTS 96. Plaintiffs incorporate the prior allegations by reference, as if set forth at length herein. 97. The Builder Defendants’ violation of the construction agreement in conjunction with material misrepresentations about the progress of the work, “losing” items purchased by Plaintiffs, misapplication and/or misappropriation of funds earmarked for construction of the Home, constitute unconscionable commercial practices, fraud, false pretense, false promises, misrepresentation and deception in violation of N.J.S.A.56:8-1, et. seq. (New Jersey Consumer Fraud Act). 98. By intentionally misrepresenting to the subcontractors to the Home and otherwise directing CJKR and/or Seagrass to violate the Consumer Fraud Act, Johnson, Hope, Monetti are personally liable under the concept of “participation theory” as well as the previously mentioned allegations supporting the disregard of the company structure. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25PM Pg15of20 Trans ID: LCV20232500139 99. The Builder Defendants also violated N.J.A.C. 13:45A-16.2(a), Unlawful Practices by, among other things: product misrepresentations, failing to complete the work, bait selling by promising certain products would be utilized to induce sale and then unilaterally changing the materials used in construction and/or failing to have available a quantity of advertised produces to meet the demands reasonably needed based on the Plaintiff's selections, insufficient description of the work in the Contract and lack of descriptions of the products/materials used in the construction. WHEREFORE, Plaintiffs demand judgment against the Builder Defendants, jointly and severally: a. Declaring that Defendants’ violation of the construction agreement, their misapplication and/or misappropriation of funds earmarked for the construction of Plaintiffs’ home, unconscionable commercial practice, fraud, false pretense, false promise, misrepresentation and deception in violation of N.J.S.A.56:8-2 (Consumer Fraud A ct); Declaring that Plaintiffs are entitled to treble damages in the amount to be determined at trial plus interest; Ordering Defendants to reimburse Plaintiffs for all attorney’s fees and costs incurred thus far, and d. Any other relief the Court deems just and proper. COUNT SIX NEGLIGENT MISREPRESENTATION PLAINTIFFSv. BUILDER DEFENDANTS, WILLIAM ALBRECHT AND COMPASS REALTY 100. Plaintiffs incorporate all prior allegations as if fully set forth at length herein. 101. At all times relevant, the Builder Defendants, Albrecht and Compass engaged in real estate transactions. ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg16of20 Trans ID: LCV20232500139 102. The Builder Defendants, Albrecht and Compass, acting through their agents, officers, servants, representatives or employees, negligently and recklessly misrepresented their ability to provide Plaintiffs with the Home they bargained for in their A greement of Sale. 103. These misrepresentations were made under circumstances in which Defendants either knew or in the exercise of reasonable care should have known that the various facts of such misrepresentations related to the Home were not true or were not known to be true. 104. The misrepresentations were further reiterated and disseminated by Defendants’ agents, officers, servants, representatives or employees acting within the course and scope of their authority to conduct transactions on behalf of Defendants. 105. These misrepresentations conceming the Home were made orally and via emails with Plaintiffs throughout the sales process. 106. Plaintiffs, in reliance on the truth of the misrepresentations in Defendants’ emails and verbal representations, agreed to enter into an agreement to purchase the Home. 107. The Defendants’’ assurances and misrepresentations were a direct and proximate cause of the injuries suffered by Plaintiffs. 108. But for the Defendants’ misrepresentations concerning the transaction, the Plaintiffs never would have entered into a purchase agreement for the home, or followed through with the closing on the property. 109. Plaintiffs would never have sustained the injuries alleged in this Complaint, but for the falsity of Defendants’ representations. 110. As a result of the Defendants’ misrepresentations, Plaintiffs have suffered and will continue to suffer damages, including but not limited to pecuniary damages, loss of the benefit of ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg17of20 Trans ID: LCV20232500139 the contract, loss of use and enjoyment of the home, and other damages, all to their loss and detriment. 111. Albrecht and Compass owed the Plaintiffs a degree of care consistent with the superior knowledge and skill of licensed and/or experienced professionals. 112. Albrecht and Compass failed to exercise the care, skill, ability, and diligence ordinarily required by realtors in relation to the sale and purchase of the Home. 113. Albrecht and Compass breached their duty of care owed to the Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Builder Defendants, Albrecht and Compass and their affiliates, successors, and assigns, jointly and severally, for: Compensatory damages; Consequential damages; Incidental damages; Interest; Cost of suit; Attorneys’ fees; and Such other relief as the Court deems just and equitable. COUNT SEVEN BREACH OF FIDUCIARY DUTY PLAINTIFFSv. WILLIAM ALBRECHT AND COMPASS REALTY 114. Plaintiffs incorporate all prior allegations as if fully set forth at length herein. 115. Atall times relevant, Albrecht and Compass engaged in real estate transactions. 116. Pursuant to the agreement between the Plaintiffs and Albrecht and/or Compass, Defendants owed Plaintiffs a fiduciary duty with regard to this real estate transaction. 117. Defendants breached that duty when they failed to disclose or misrepresented to Plaintiffs the reality of the situation with the Home they were purchasing, including but not limited to issues with the location of the lot recommended by the realtor, a Home Owners Association was ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg18of20 Trans ID: LCV20232500139 promised but none exits, issues with stairs and the bonus room, and other issues with the building plans the realtor recommended. 118. As a result of Defendants’ breach, Plaintiffs have suffered and will continue to suffer damages, including but not limited to pecuniary damages, loss of the benefit of their contract, loss of use and enjoyment of the home, and other damages, all to their loss and detriment. WHEREFORE, Plaintiffs demand judgment against Albrecht and Compass and their affiliates, successors, and assigns, jointly and severally, for: Compensatory damages; Consequential damages; Incidental damages; Interest; Cost of suit; Attorneys’ fees; and Such other relief as the Court deems just and equitable. HORN WILLIAMSON LLC Dated: _ By /s/ Scott C. Hofer Jennifer Hom, Esquire Scott C. Hofer, Esquire Attorneys for Plaintiffs ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg19of20 Trans ID: LCV20232500139 CERTIFICATION I, Scott C. Hofer, of full age, hereby certify: I am a member in good standing of the Bar of the State of New Jersey and have been engaged to represent the Plaintiffs in this matter before the courts of New Jersey. I have read the Complaint and certify that the allegations contained in the Complaint are true to the best of my knowledge and belief. I certify that the foregoing statements are true. I am aware that if any statement made herein is willfully false, I am subject to punishment. HORN WILLIAMSON LLC Dated: _ By: /s/ Scott C. Hofer Jennifer Hom, Esquire Scott C. Hofer, Esquire Attorneys for Plaintiffs ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg 20of20 Trans ID: LCV20232500139 DESIGNATION OF TRIAL COUNSEL Plaintiffs designates Jennifer Horn, Esquire, and Scott Hofer, Esquire, as trial counsel. DEMAND FOR JURY TRIAL Plaintiffs hereby demand trial by jury of all issues triable by right of jury. RULE 4:5-1 CERTIFICATION The undersigned certifies that pursuant to Rule 4:5-1, the matter in controversy is not the subject of another proceeding in any court or of a pending arbitration that has been served upon the Plaintiffs. Plaintiffs were required to invalidate an unlawful construction lien claim by by CKJR and it is possible that CKJR has filed an action that has not yet been served upon the Plaintiffs. The undersigned is not presently aware of any additional parties that should be included in this action. I certify that confidential personal identifiers have been redacted from documents not submitted to the Court, and will be redacted from all documents in the future in accordance with Rule 1:38-7(b) HORN WILLIAMSON LLC Dated: ------- By: Is/ Scott C. Hofer _ Jennifer Hom, Esquire Scott C. Hofer, Esquire Attorneys for Plaintiffs ACTIVE\02822\0001\1025808.v1-8/31/23 CPM-L-000348-23 08/31/2023 5:32:25PM Pglof7 Trans ID: LCV20232500139 EXHIBIT 1 CPM-L-000348-23 08/31/2023 5:32:25 PM Pg2of7 Trans ID: LCV20232500139 DocuSign Envelope ID: 0A3D1D85-85A6-4189-B931-AA1CE9B63DC1 Page 1 of 13 NOTICE TO BUYER AND SELLER READ THIS NOTICE BEFORE SIGNING THE CONTRACT The Law requires real estate brokers to give you the following information before signing this contract. It requires us to tell you that you must read all of it before you sign. The purpose is to help you in this purchase or sale. (1) As a real estate broker, | represent: {|the Seller, not the Buyer; ||the Buyer, not the Seller; |X| both the Seller and the Buyer; |_| neither the Seller nor the Buyer. The title company does not represent either the Seller or the Buyer. (2) You will not get any legal advice unless you have your own lawyer. Neither | nor anyone from the title company can give legal advice to either the Buyer or the Seller. If you do not hire a lawyer, no one will represent you in legal matters now or at the settlement. Neither | nor the title company will represent you in those matters. (3) The contract is the most important part of the transaction. It determines your rights, risks and obligations. Signing the contract is a big step. A lawyer would review the contract; help you to understand it, and to negotiate its terms. (4) The contract becomes final and binding unless your lawyer cancels it within the following three business days. If you do not have a lawyer, you cannot change or cancel the contract unless the other party agrees. Neither can the real estate broker nor the title insurance company change the contract. (5) Another important service of a lawyer is to order a survey, title report or other important records. The lawyer will review them and help to resolve any questions that may arise about the ownership and condition of the property. These reports and survey can cost you a lot of money. A lawyer will also prepare the documents needed to close title and represent you at the settlement. (6) A Buyer without a lawyer runs special risks. Only a lawyer can advise a Buyer about what to do if problems arise concerning the purchase of this property. The problems may be about the Seller's title, the size and shape of the property, or other matters that may affect the value of the property. If either the Broker or the title company knows about the problems, they should tell you. But they may not recognize the problem, see it from your point of view, or know what to do. Ordinarily, the Broker and the title company have an interest in seeing that the sale is completed, because only then do they usually receive their commissions. So, their interests may differ from yours. (7) Whether you retain a lawyer is up to you. It is your decision. The purpose of this notice is to make sure that you have the information needed to make your decision. i DocuSigned by: DocuSigned by: 10/8/2021 10/8/2021 keithA. Cable bACERR7420F4ca DATE PER OEE DATE CKJR LLC dba Seagrass Homes i a 10/8/2021 PERCE SELLER DATE DATE Si 6 MeeBable DocuSigned by: fa a William Albrecht Se William Albrechts= Sstirrgp Breer DATE Selling Broker” DATE William "Bill" Albrecht William "Bill" Albrecht Prepared by: William "Bill" Albrecht Name of Real Estate Licensee ‘Compass - NJ - Moorestown, 129 Chester Avenue Moorestown, NJ 08057 Phone: (267) 435-8015 Fa Messina Ct Lot 308 Bill Albrecht Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1/5 ‘yaw lwolt.com CPM-L-000348-23 08/31/2023 5:32:25 PM Pg3o0f7 Trans ID: LCV20232500139 DocuSign Envelope ID: 0A3D1D85-85A6-4189-B931-AA1CE9B63DC1 Page 2 of 13 THIS FORM MAY BE USED ONLY IN THE SALE OF A ONE TO FOUR-FAMILY RESIDENTIAL PROPERTY OR VACANT ONE-FAMILY LOTS. THIS FORM IS SUITABLE FOR USE ONLY WHERE THE SELLER HAS PREVIOUSLY EXECUTED A WRITTEN LISTING AGREEMENT. CONTRACT FOR SALE OF A ONE-TO-FOUR FAMILY RESIDENTIAL PROPERTY THIS IS A LEGALLY BINDING CONTRACT THAT WILL BECOME FINAL IN THREE (3) BUSINESS DAYS. DURING THIS PERIOD YOU MAY CHOOSE TO CONSULT AN ATTORNEY WHO CAN REVIEW AND CANCEL THIS CONTRACT. SEE SECTION ON ATTORNEY REVIEW FOR DETAILS. TABLE OF CONTENTS Sale, Purchase and Property 26. Assessments 10 Personal Property and Fixtures 27. Possession 11 Purchase Price 28. Smoke Detector and Certificate 12 Payment of Purchase Price 29. Counterparts and/or Facsimile Signature 13 Deposit Money 30 No Reliance on Others 14 Mortgage Financing Contingency 31 Notices 15 Time and Place of Settlement 32) Electronic Signatures and Documents 16 Payment of Expenses 33. No Recording 17 9 Buyer Financially Able to Close 34 Lead-Based Paint 18 10 Transfer of Title 35. Consumer Information Statement 19 11 Type of Deed 36. Declaration of Licensee Business Relationship(s) 20 12. Physical Condition of the Property 37, Flood Hazard Area 21 13. Wood Boring Insect Inspection 38 Airport Safety Zone 22 14 Buyer's Right to Inspection 39. Adjustments at Settlement 23 15. Inspection Contingency Clause 40. Parties Liable 24 16 Inspection of Property a Megan's Law Statement 25 17. Building and Zoning Laws 42. Notice of Off-Site Conditions 26 18. Property Lines 43. FIRPTA 27 19, Correcting Defects 44 Attorney Review 28 20. New Jersey Hotel and Multiple Dwelling Health 45. Private Well Testing 29 and Safety Act 46. Septic Certification 30 21 Ownership 47. Bulk Sales 31 22. Seller's Right to Pay Claims at Settlement 48. Brokers to Receive Closing Disclosure 32 23. Risk of Loss 49. Equitable Lien 33 24. Cancellation and Default Clause 50. Additional Contract Provisions (If Any) 34 25. Brokers 51 Complete Agreement 35 52. Acknowledgement of Terms of Contract 36 37 CONTRACT FOR SALE has been prepared on the 8th day of October , 2021_, BETWEEN 38 CKJR LLC dba Seagrass Homes , the Seller(s) whose address is 39 336 96th street Suite 3, Stone Harbor, NJ 08247 AND , 40 xxxxx A. xxxxx, Suzanne M. xxxxx the Buyer(s) whose 41 address is 7 Nicklaus Way, Mashpee, MA 02649-3289 42 43 1. SALE, PURCHASE AND PROPERTY. 44 The Seller agrees to sell and the Buyer agrees to buy under the terms of this Contract: 45 46 (a) All that land, building(s), and improvements in the Municipality of Middle Twp , County of Cape May, 47 and State of New Jersey, being commonly known as 9 Seaview Crossings , as identified on the Municipal Tax Map 48 as Block 348.02 , Lot(s) No(s) 3.05 49 50 A description of the boundaries of the land is either attached as Schedule “A” or appears in Deed Book at page 51 , recorded in the Clerk or Registrar of Deed's Office of Cape May County. 52 Land dimensions: approx. 1.006 acres 53 (b) All other rights of the Seller in this land. qe 54 55 2. PERSONAL D FIXTURES. BUYER's Initials é ) Date 10/8/2021 SELLER's ria ) Date 10/8/2021 ‘Compass - NJ - Moorestown, 129 Chester Avenue Moorestown, NJ 08087 Phone: (267) 435-8015 Fax Messina Ct Lot 308 Bill Albrecht Produced with Lone Wolf Tran