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#18 Filed 5/5/2021
COMMONWEALTH OF MASSACHUSETTS
NANTUCKET, ss. SUPERIOR COURT DEPT.
OF THE TRIAL COURT
Civil Action No.197SCV00002
a ee
JIBO & COMPANY, INC.,
Plaintiff
RYAN A. DUDDY and ERICA D.
DUDDY,
Defendants
DEFENDANTS’ PROPOSED FINDINGS OF FACT
Now come the Defendants, Ryan A Duddy and Erica D Duddy and hereby submit the
following proposed findings of fact in accordance with the Court’s Trial order dated April 23,
2021.
FINDINGS OF FACT
1 Plaintiff Jibo & Company is a Massachusetts corporation having a usual place of
business at 63 South Shore Road, Nantucket, Massachusetts. [rakli Jibladze.
Plaintiff's Response: Undisputed.
2. Jibo & Company is engaged in the roofing and siding business on Nantucket and
is owned and controlled by Irakli Jibladze (“Jibo”). /rakli Jibladze.
Plaintiff's Response: Undisputed.
3 Defendants Ryan A. Duddy and Erica D. Duddy (collectively, “Duddy” or
Defendants”) are a married couple whose principal residence is located at 1 Monohansett Road,
Nantucket, Massachusetts. Rvan Duddy.
Plaintiff's Response: Undisputed.
4 This action involves the construction of the Duddy’s new home at 1 Monohansett
Road, Nantucket, Massachusetts (the “Project”). Ryan Duddy.
Plaintiff's Response: Undisputed.
5 Defendant Ryan A Duddy hired Carl Clarke (“Clarke”) as their general contractor
for the construction of their new home. Ryan Duddy.
Plaintiff's Response: Undisputed.
6 The home was to be constructed in accordance with a set of plans drafted by
Brooks Meerbergen, entitled “New Dwelling — Duddy; 1 Monohansett, Nantucket, MA; Dated
9/18/17. Rvan Duddy, Carl Clarke and Plans.
Plaintiff's Response: Undisputed.
eo At or around the same time as the Project was ongoing, Clarke was overseeing the
construction of another residence immediately adjacent to the Duddy’s property. Rvan Duddy,
Carl Clarke.
Plaintiff's Response: Undisputed.
8 When it came time for roofing and siding work to begin at the Duddy Project,
Clarke’s roofing crew was fully immersed at the neighboring project and Duddy was informed
that it would be several weeks before they could begin work at the Duddy Project. Rvan Duddy,
Carl Clarke.
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
9. Rather than risk weather damage by waiting several weeks for Clarke’s roofers to
become available, Ryan Duddy (“Ryan”) asked Jibo if he was available to perform the roofing
and sidewall work at the Duddy Project. Ryan Duddy.
Plaintiff's Response: Undisputed.
10. On or about May 3, 2018, Ryan met Jibo at the property to discuss the Project,
when he could start and how much it would cost. Ryan Duddy.
Plaintiffs Response: Undisputed.
11. After going over the plans and doing a site walk through, Jibo suggested that
Ryan use Alaskan cedar shingles for the roof rather than asphalt as Ryan had planned. /rakli
Jibladze, Ryan Duddy.
Plaintiff's Response: Undisputed.
12. Jibo informed Ryan that he was using these shingles on his own home, had
ordered a bulk shipment and had enough to do Duddy’s house as well. /rakli Jibladze.
Plaintiff's Response: Undisputed, except that Jibo had nearly enough.
13. Ryan asked Jibo what the cost would be for all labor and materials for the roof,
siding and two rubber roofs. Ryan Duddy.
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
14. Ultimately, Ryan and Jibo reached an oral agreement pursuant to which Jibo
agreed to provide all materials and labor necessary to complete the roofing and sidewall work at
the Project for a lump sum of $55,000, which sum would be paid in cash by Duddy. Ryan Duddy
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
15. Jibo’s crew of laborers commenced work on the Project in or around late May,
2018. Ryan Duddy.
Plaintiff's Response: Undisputed.
16. Between June 7, 2018 and July 27, 2018, Jibo ordered 299 bundles of Alaskan
cedar shingles from Shepley, at a total cost of $16,241.68. These shingles were billed to Jibo’s
account at Shepley. /rakli Jibladze, Shepley “Order Acknowledgments” produced by Plaintiff.
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
17. Between June 27, 2018 and July 9, 2018, Jibo had Clarke order a substantial
amount of roofing and siding materials from Shepley, at a total cost of $11,466.35, which
materials were billed to Clarke’s account at Shepley. /rakli Jibladze, Carl Clarke, Shepley
Invoices bates labeled Duddy 12 — Duddy 17.
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
18. Ryan Duddy paid Clarke in full for these materials. Ryan Duddy, Carl Clarke.
Plaintiff's Response: Undisputed.
19. In mid-July 2018, Jibo asked Ryan if he was interested in doing some masonry
work for Jibo at his home, comprised of 1) repairing cracked garden beds at the rear entryway;
and 2) some parging work. Ryan Duddy.
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
20. Ryan visited Jibo’s property and determined that repairing the cracked garden
beds would be an extensive and expensive project. Rvan Duddy.
Plaintiff's Response: Undisputed.
ahs Jib decided not to go forward with the repairs of the garden beds but asked Ryan
to perform the parging work. Ryan Duddy.
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
22. On August 2, 2018, as Ryan was preparing to start the parging work at Jibo’s
property, Ryan asked Jibo how he would like to handle things in terms of billing. Ryan Duddy.
9a eee” “SS
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
23. At that point, Jibo handed Ryan a piece of paper that said something to the effect,
“roofing — 500 hours; sidewalling -$500 hours.” Ryan Duddy.
Plaintiffs Response: Disputed. Anticipated testimony of Irakli Jibladze.
24. Ryan reminded Jibo that their agreement had been for a flat fee of $55,000, which
Ryan was more than willing to pay to Jibo, but they had not agreed that Jibo would bill him on
hourly basis, after which the parties had an argument and Ryan left without doing any parging
work. Ryan Duddy.
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
25. Jibo performed no further work on the Duddy Project after August 2, 2018,
leaving 600 square feet of siding needing to be installed and 12 feet of woven comers unfinished.
Ryan Duddy, F&B Construction Invoice dated 11/14/18, bates labeled Duddy 2.
Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze.
26. Ryan paid F&B Construction $1,950.00 to complete the work left unfinished by
Jibo. Rvan Duddy.
Plaintiff's Response: Undisputed.
27, On September 18, 2018, Jibo sent an invoice to Ryan via e-mail. Ryan Duddy.
Plaintiff's Response: Undisputed.
28. Jibo’s invoice was in the total amount of $93,889.50. Irakli Jibladze, Ryan
Duddy.
Plaintiff's Response: Undisputed.
29. Jibo’s invoice was unaccompanied by any contemporaneous time sheets to
support any of the labor charges set forth on the invoice, nor any invoices, receipts or other proof
of payment for any of the materials described therein. /rakli Jibladze, Ryan Duddy.
Plaintiff's Response: Undisputed.
30. Jibo has no contemporaneous time sheets to support any of the labor charges set
forth on the invoice, nor does he have any invoices, receipts or other proof of payment for any of
the materials described in the invoice, with the exception of 299 bundles of Alaskan cedar
shingles, which cost Jibo $16,241.68. /rakli Jibladze, Ryan Duddy, Shepley “Order
Acknowledgments” produced by Plaintiff.
Plaintiff's Response: Undisputed.
31; Jibo’s invoice contains a charge to Ryan of $26,312.00 for the 299 bundles of
Alaskan cedar shingles, a markup of $10,070.32. /rakli Jibladze, Ryan Duddy.
Plaintiff's Response: Undisputed.
32. Duddy has paid $13,416.35 towards the roofing and siding project for which Jibo
was hired ($11,466.35 to Shepley for materials and $1,950.00 to F&B Construction to complete
the job). Ryan Duddy, Shepley Invoices bates labeled Duddy 12 — Duddy 17, F&B Construction
Invoice dated 11/14/18, bates labeled Duddy 2.
Plaintiff's Response: Undisputed.
ee
Respectfully submitted,
RYAN A. DUDDY and ERICA D. DUDDY
By their attorneys,
GRIFFIN LAW LLC
Stephen P Griffin
Stephen P. Griffin (BBO# 563369)
224 Clarendon Street, Suite 32
Boston, MA 02116
(617) 266-9600 (phone)
spg@sgriffinlaw.con
Signed as to Plaintiff's Responses:
For the plaintiff,
Jibo & Company, Inc.,
By its attorneys,
Law Offices of Warren H. Brodie, P.C.,
By:s/ Haren A Brodie
WARREN H. BRODIE
BBO # 058000
2 Salt Hay Road
Waquoit, MA 02536
(774) 763-2951
Email: wbrodie@whbrodielaw.com
CERTIFICATE OF SERVICE
1, Stephen P Griffin, do hereby certify that on the Sthday of May, 2021, I served a copy
of the foregoing document to counsel of record by e-mail.
Stephen P Griffin
Stephen P. Griffin
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#18 Filed 5/5/2021 COMMONWEALTH OF MASSACHUSETTS NANTUCKET, ss. SUPERIOR COURT DEPT. OF THE TRIAL COURT Civil Action No.197SCV00002 a ee JIBO & COMPANY, INC., Plaintiff RYAN A. DUDDY and ERICA D. DUDDY, Defendants DEFENDANTS’ PROPOSED FINDINGS OF FACT Now come the Defendants, Ryan A Duddy and Erica D Duddy and hereby submit the following proposed findings of fact in accordance with the Court’s Trial order dated April 23, 2021. FINDINGS OF FACT 1 Plaintiff Jibo & Company is a Massachusetts corporation having a usual place of business at 63 South Shore Road, Nantucket, Massachusetts. [rakli Jibladze. Plaintiff's Response: Undisputed. 2. Jibo & Company is engaged in the roofing and siding business on Nantucket and is owned and controlled by Irakli Jibladze (“Jibo”). /rakli Jibladze. Plaintiff's Response: Undisputed. 3 Defendants Ryan A. Duddy and Erica D. Duddy (collectively, “Duddy” or Defendants”) are a married couple whose principal residence is located at 1 Monohansett Road, Nantucket, Massachusetts. Rvan Duddy. Plaintiff's Response: Undisputed. 4 This action involves the construction of the Duddy’s new home at 1 Monohansett Road, Nantucket, Massachusetts (the “Project”). Ryan Duddy. Plaintiff's Response: Undisputed. 5 Defendant Ryan A Duddy hired Carl Clarke (“Clarke”) as their general contractor for the construction of their new home. Ryan Duddy. Plaintiff's Response: Undisputed. 6 The home was to be constructed in accordance with a set of plans drafted by Brooks Meerbergen, entitled “New Dwelling — Duddy; 1 Monohansett, Nantucket, MA; Dated 9/18/17. Rvan Duddy, Carl Clarke and Plans. Plaintiff's Response: Undisputed. eo At or around the same time as the Project was ongoing, Clarke was overseeing the construction of another residence immediately adjacent to the Duddy’s property. Rvan Duddy, Carl Clarke. Plaintiff's Response: Undisputed. 8 When it came time for roofing and siding work to begin at the Duddy Project, Clarke’s roofing crew was fully immersed at the neighboring project and Duddy was informed that it would be several weeks before they could begin work at the Duddy Project. Rvan Duddy, Carl Clarke. Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 9. Rather than risk weather damage by waiting several weeks for Clarke’s roofers to become available, Ryan Duddy (“Ryan”) asked Jibo if he was available to perform the roofing and sidewall work at the Duddy Project. Ryan Duddy. Plaintiff's Response: Undisputed. 10. On or about May 3, 2018, Ryan met Jibo at the property to discuss the Project, when he could start and how much it would cost. Ryan Duddy. Plaintiffs Response: Undisputed. 11. After going over the plans and doing a site walk through, Jibo suggested that Ryan use Alaskan cedar shingles for the roof rather than asphalt as Ryan had planned. /rakli Jibladze, Ryan Duddy. Plaintiff's Response: Undisputed. 12. Jibo informed Ryan that he was using these shingles on his own home, had ordered a bulk shipment and had enough to do Duddy’s house as well. /rakli Jibladze. Plaintiff's Response: Undisputed, except that Jibo had nearly enough. 13. Ryan asked Jibo what the cost would be for all labor and materials for the roof, siding and two rubber roofs. Ryan Duddy. Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 14. Ultimately, Ryan and Jibo reached an oral agreement pursuant to which Jibo agreed to provide all materials and labor necessary to complete the roofing and sidewall work at the Project for a lump sum of $55,000, which sum would be paid in cash by Duddy. Ryan Duddy Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 15. Jibo’s crew of laborers commenced work on the Project in or around late May, 2018. Ryan Duddy. Plaintiff's Response: Undisputed. 16. Between June 7, 2018 and July 27, 2018, Jibo ordered 299 bundles of Alaskan cedar shingles from Shepley, at a total cost of $16,241.68. These shingles were billed to Jibo’s account at Shepley. /rakli Jibladze, Shepley “Order Acknowledgments” produced by Plaintiff. Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 17. Between June 27, 2018 and July 9, 2018, Jibo had Clarke order a substantial amount of roofing and siding materials from Shepley, at a total cost of $11,466.35, which materials were billed to Clarke’s account at Shepley. /rakli Jibladze, Carl Clarke, Shepley Invoices bates labeled Duddy 12 — Duddy 17. Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 18. Ryan Duddy paid Clarke in full for these materials. Ryan Duddy, Carl Clarke. Plaintiff's Response: Undisputed. 19. In mid-July 2018, Jibo asked Ryan if he was interested in doing some masonry work for Jibo at his home, comprised of 1) repairing cracked garden beds at the rear entryway; and 2) some parging work. Ryan Duddy. Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 20. Ryan visited Jibo’s property and determined that repairing the cracked garden beds would be an extensive and expensive project. Rvan Duddy. Plaintiff's Response: Undisputed. ahs Jib decided not to go forward with the repairs of the garden beds but asked Ryan to perform the parging work. Ryan Duddy. Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 22. On August 2, 2018, as Ryan was preparing to start the parging work at Jibo’s property, Ryan asked Jibo how he would like to handle things in terms of billing. Ryan Duddy. 9a eee” “SS Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 23. At that point, Jibo handed Ryan a piece of paper that said something to the effect, “roofing — 500 hours; sidewalling -$500 hours.” Ryan Duddy. Plaintiffs Response: Disputed. Anticipated testimony of Irakli Jibladze. 24. Ryan reminded Jibo that their agreement had been for a flat fee of $55,000, which Ryan was more than willing to pay to Jibo, but they had not agreed that Jibo would bill him on hourly basis, after which the parties had an argument and Ryan left without doing any parging work. Ryan Duddy. Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 25. Jibo performed no further work on the Duddy Project after August 2, 2018, leaving 600 square feet of siding needing to be installed and 12 feet of woven comers unfinished. Ryan Duddy, F&B Construction Invoice dated 11/14/18, bates labeled Duddy 2. Plaintiff's Response: Disputed. Anticipated testimony of Irakli Jibladze. 26. Ryan paid F&B Construction $1,950.00 to complete the work left unfinished by Jibo. Rvan Duddy. Plaintiff's Response: Undisputed. 27, On September 18, 2018, Jibo sent an invoice to Ryan via e-mail. Ryan Duddy. Plaintiff's Response: Undisputed. 28. Jibo’s invoice was in the total amount of $93,889.50. Irakli Jibladze, Ryan Duddy. Plaintiff's Response: Undisputed. 29. Jibo’s invoice was unaccompanied by any contemporaneous time sheets to support any of the labor charges set forth on the invoice, nor any invoices, receipts or other proof of payment for any of the materials described therein. /rakli Jibladze, Ryan Duddy. Plaintiff's Response: Undisputed. 30. Jibo has no contemporaneous time sheets to support any of the labor charges set forth on the invoice, nor does he have any invoices, receipts or other proof of payment for any of the materials described in the invoice, with the exception of 299 bundles of Alaskan cedar shingles, which cost Jibo $16,241.68. /rakli Jibladze, Ryan Duddy, Shepley “Order Acknowledgments” produced by Plaintiff. Plaintiff's Response: Undisputed. 31; Jibo’s invoice contains a charge to Ryan of $26,312.00 for the 299 bundles of Alaskan cedar shingles, a markup of $10,070.32. /rakli Jibladze, Ryan Duddy. Plaintiff's Response: Undisputed. 32. Duddy has paid $13,416.35 towards the roofing and siding project for which Jibo was hired ($11,466.35 to Shepley for materials and $1,950.00 to F&B Construction to complete the job). Ryan Duddy, Shepley Invoices bates labeled Duddy 12 — Duddy 17, F&B Construction Invoice dated 11/14/18, bates labeled Duddy 2. Plaintiff's Response: Undisputed. ee Respectfully submitted, RYAN A. DUDDY and ERICA D. DUDDY By their attorneys, GRIFFIN LAW LLC Stephen P Griffin Stephen P. Griffin (BBO# 563369) 224 Clarendon Street, Suite 32 Boston, MA 02116 (617) 266-9600 (phone) spg@sgriffinlaw.con Signed as to Plaintiff's Responses: For the plaintiff, Jibo & Company, Inc., By its attorneys, Law Offices of Warren H. Brodie, P.C., By:s/ Haren A Brodie WARREN H. BRODIE BBO # 058000 2 Salt Hay Road Waquoit, MA 02536 (774) 763-2951 Email: wbrodie@whbrodielaw.com CERTIFICATE OF SERVICE 1, Stephen P Griffin, do hereby certify that on the Sthday of May, 2021, I served a copy of the foregoing document to counsel of record by e-mail. Stephen P Griffin Stephen P. Griffin