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35-2024-CA-000451-AXXX-01
Filing # 193521028 E-Filed 03/07/2024 11:39:30 AM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
DURA-STRESS, INC.
CASE NO. 2024CA
Plaintiff,
VS.
JB GROUP OF LA, LLC d/b/a
INFRASTRUCTURE SOLUTIONS GROUP,
Defendant.
COMPLAINT
Plaintiff, Dura-Stress, Inc. ("Plaintiff"), sues Defendant, JB Group of LA, LLC d/b/a Infrastructure
Solutions Group ("Defendant"), and alleges as follows:
General Allegations
1 Plaintiff is a Florida corporation with its principal place of business located in Leesburg,
Lake County, Florida.
2. Defendant is a foreign limited liability company registered to do business in the State of
Florida with a registered fictitious name.
3. The dispute in this case arises out of a construction project located in Jacksonville, Florida
involving the purchase of precast concrete lighting poles, service poles and strain poles (the
"Project").
4 Payment was due to Plaintiff at its principal place of business in Lake County, Florida for
services and materials provided in relation to the Project. As a result, venue of this action is
proper in Lake County, Florida.
Count |
Breach of Contract - Nonpayment of Amounts Due
5. This is an action against Defendant for damages for breach of contract, said damages
exceeding the sum of $50,000.00, exclusive of interest, costs, and attorney's fees.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/07/2024 12:20:58 PM
6. Plaintiff realleges and incorporates by reference the allegations contained in paragraphs
1 through 4 of this Complaint.
7. On November 22, 2022, Defendant issued a Purchase Order to Plaintiff in the amount of
$63,056.28, for the purchase of precast concrete lighting poles, service poles and strain poles
(the “Purchase Order”). A true and correct copy of the Purchase Order is attached hereto as
Exhibit “A” and incorporated herein by reference.
8. During the course of the production, Defendant agreed to pay Plaintiff for the delivery of
the materials ordered. A true and correct copy of the emails evidencing the agreement are
attached hereto as Exhibit “B” and incorporated herein by reference.
9. The Purchase Order and emails attached as Exhibit “B” (collectively referred to hereinafter
as the “Subcontract Documents”), were accepted by and agreed to by the parties and Plaintiff
performed thereunder.
10. In accordance with the Subcontract Documents, Plaintiff submitted an Invoice No. 7471
to Defendant for payment in the amount of $69,237.42. A true and correct copy of Invoice No.
7471 is attached hereto as Exhibit “C” and incorporated herein by reference.
11. Despite demand, Defendant has failed and refused to pay Plaintiff the final balance owed
to Plaintiff for its work on the Project and thereby breached the Subcontract Documents. The
sum of $69,237.42 remains due and owing from Defendant to Plaintiff as the balance due under
the Subcontract Documents.
12. As a result of the breach by Defendant, Plaintiff has been damaged.
13. All conditions precedent to payment in full to Plaintiff of the balance due for the work which
Plaintiff performed and the materials which it furnished on the Project under the Subcontract
Documents with Defendant have occurred, have been performed, or have been waived.
14. Plaintiff has retained the undersigned law firm to represent it in this action and has agreed
to pay said firm a reasonable fee for its services.
WHEREFORE, Plaintiff demands judgment against Defendant for damages as claimed in this
count, prejudgment interest, costs of this action, and such other and further relief as may be just
and proper.
COUNT II
Goods Sold
15. This is an action against Defendant for damages for goods sold and delivered.
16. Plaintiff realleges and incorporates by reference the allegations contained in paragraphs
1 through 4 and 7 through 14 of this Complaint.
17. Defendant owes Plaintiff the sum of $69,237.42 that is due with interest at the legal rate,
in accordance with the terms of the Subcontract Documents and the invoice attached to this
Complaint as Exhibit “C,” for the goods and materials sold and delivered by Plaintiff to Defendant.
18. Plaintiff has retained the undersigned law firm to represent it in this action and has agreed
to pay said firm a reasonable fee for its services. Plaintiff seeks the recovery of attorney's fees in
this action pursuant to applicable Florida law.
WHEREFORE, Plaintiff demands judgment against Defendant for damages, prejudgment
interest, costs of this action, and reasonable attorney's fees, together with such other and further
relief as may bejust and proper.
Dated this 7" day of March, 2024.
RADSON DEMPSEY VASON
Attorneys for Plaintiff
501 East Fifth Avenue
Mount Dora, Florida 32757
E-mail: jason@radsondempsey.com
Telephone No. (352) 383-6001
Facsimile (844) RDPAFAX
( \ \4
\ 4
JASON M. RADSON
Florida Bar No. 0095273
EXHIBIT
PA
A INFRASTRUCTURE.
ISG SOLUTIONS
GROUP
W
ISG - A JB Group Company PURCHASE ORDER
PO BOX 930 PO #: 1522
WATSON, LA 70786 DATE: 11/22/2022
Office: (225) 314-3040 QUOTATION #: 132899841.00
Fax: (225) 369-5543 ISG PROJECT NO.: 1175
p@isg.work PROJECT TITLE: sice t20
ORDERED BY: Ricnasa stam
VENDOR SHIP TO.
Dura-Stress 103RD STREET @ Ricker Road
Tamra Braddock JACKSONVILLE, ee a
11325 CR 44
Leesburg, FL 34788 “"DESTINATION™*
thraddock@durastress.com Remit invoice: ap@isg.work
PO # must be shown on all invoices
‘SPECIAL INSTRUCTIONS: ‘SHIP VIA F.0.B. ‘SHIPPING TERMS:
ITEM # DESCRIPTION QTY UNIT PRICE TOTAL
[Type Vill-48" Strain Pole 4,103.00 4,103.00
Type Vill-52" Strain Pole 4,399.00 8,798.00
Type Vill - 49° Strain Pole 4,298.00 12,894.00
Type Vill - 50° Strain Pole 4,379.00 4,379.00
Type Vill - 51" Strain Pole 4,389.00 4,389.00
[Type Vill - 53° Strain Pole 4,590.00 9,180.00
Type Vill - 46° Strain Pole 4,090.00 4,090.00
Type Vill - 54" Strain Pole 4,612.00 4,612.00
[Type P11 -12' Service Pole 687.00 2,061.00
Type 1- 35' Street Light Poles $ 830.20 4,151.00
SUBTOTAL 58,657.00
“Comments or Special instructions = a TAX Given 199.28 |
‘SHIPPING ——
OTHER
TOTAL 63,056.28
“Invoices not referencing the ISG PO# or Project Number wil not be processed*
If you have any questions about this purchase order, please contact
{Richard Mann (£04) 343-9698}
EXHIBIT
Susie Nichols
6
From: Richard Mann
Sent: Tuesday, November 22, 2022 8:22 AM
To: Tamra Braddock
Subject: [External] Re: RFQ
| will get all the paperwork this afternoon
Richard Mann Sr.
Infrastructure Solutions Group
Gonzales, LA = (225) 314-3040 - Jacksonville, FL = (904) 990-5335
Mobile = (904) 343 - 9698 Fax = (225) 369-5543
se a aoe a cso a
From: Tamra Braddock
Sent: Tuesday, November 22, 2022 8:16:48 AM
To: Richard Mann
Subject: RE: RFQ
Richard,
| am just following up. Now that you have an account with us, prepayment will not be required. Do you want to release
the Type | 35’ JEA poles into production or do you need a drawing for approval?
Thank you.
qo Thank you,
Tamra Braddock
Project Manager
Office: 352-787-1422
ieee Mobile: 352-250-8170
11325 CR 44, Leesburg, FL 34788
Durastress.com
Dura-Stress Office Temporary Hours:
Mon - Thursday:8am-4pm Friday:8am-12pm
From: Richard Mann
Sent: Wednesday, November 16, 2022 5:07 PM
To: Tamra Braddock ; Jerry Chancellor
Subject: [External] RE: RFQ
Tamra, there
Richard Mann
Florida DOT Divisonal Manager
Infrastructure Solutions Group
Gonzales, LA * (225) 314-3040 - Pasadena, TX = (713) 331-9906
Mobile * (904)343-9698 Email + rmann@isg.work
a
www. -work
INFRASTRUCTURE
SOLUTIONS
GROUP
are only 5 poles | need. You quoted 10. | hope this clarify the question.
From: Tamra Braddock
Sent: Wednesday, November 16, 2022 12:08 PM
To: Richard Mann ; Jerry Chancellor
Subject: RE: RFQ
Richard,
Per our conversation | will be doing the proforma invoice for the Type | 35’ JEA poles. However, please verify the
quantity. | quoted 10, but in our call you said 5.
Thank you.
a
x Thank you,
Tamra Braddock
Project Manager
Office: 352-787-1422
(all Mobile: 352-250-8170
11325 CR 44, Leesburg, FL 34788
Durastress.com
Dura-Stress Office Temporary Hours:
Mon - Thursday:8am-4pm Friday:8am-12pm
From: Tamra Braddock
Sent: Tuesday, November 8, 2022 8:24 AM
To: Richard Mann ; Jerry Chancellor
Subject: RE: RFQ
Good morning,
1am assuming that because this is Duval County, the poles will need to be JEA Spec?
10 — Type | 35’ Square Concrete JEA Spec Poles @ $830.20 each
Freight — 1 load @ $865.39 each load
Current lead time is 8 — 10 weeks from the date we receive the PO, payment and approval to release for production.
This lead time is subject to change without notice.
Thank you.
a Thank you,
Tamra Braddock
Project Manager
Office: 352-787-1422
(allele Mobile: 352-250-8170
11325 CR 44, Leesburg, FL 34788
Durastress.com
Dura-Stress Office Temporary Hours:
Mon - Thursday:8am-4pm Friday:8am-12pm
From: Richard Mann
Sent: Tuesday, November 8, 2022 6:57 AM
To: Tamra Braddock ; Jerry Chancellor
Subject: [External] RE: RFQ
Good morning this
is what we have in the schedule of values, 35 Foot Concrete Pole — Type 1
Let me know if you need anything else
Thanks
Richard Mann
Florida DOT Divisonal Manager
Infrastructure Solutions Group
Gonzales, LA + (225) 314-30 - Pasadena,
40 TX * (713) 331-9906
Mobile * (904)343-9698 Email + mann @isg.work
www.ISG.worl
ISG | seaipens
INFRASTRUCTURE
From: Tamra Braddock
Sent: Monday, November 7, 2022 7:57 AM
To: Richard Mann ; Jerry Chancellor
Subject: RE: RFQ
Richard,
The lighting table does not provide the Type of pole or the overall length of the poles, it only gives mounting heights for
the lights. You will have to provide that information to us for a quote.
Tone
& Thank you,
Tamra Braddock
Project Manager
Office: 352-787-1422
ieee) Mobile: 352-250-8170
11325 CR 44, Leesburg, FL 34788
Durastress.com
Dura-Stress Office Temporary Hours:
Mon - Thursday:8am-4pm Friday:8am-12pm
From: Richard Mann
Sent: Monday, November 7, 2022 7:28 AM
To: Tamra Braddock ; Jerry Chancellor
Subject: [External] RE: RFQ
Pleases see attached Lighting plans for T2844 and Quote these poles There is a total of 10.
Thanks
Richard Mann
From: Tamra Braddock
Sent: Tuesday, October 25, 2022 8:22 AM
To: Tiffany Medine ; Jerry Chancellor
Ce: Richard Mann ; Ben Huffman
Subject: RE: RFQ
Thank you.
oon
Thank you,
Tamra Braddock
Project Manager
Office: 352-787-1422
(allele Mobile: 352-250-8170
11325 CR 44, Leesburg, FL 34788
Durastress.com
Dura-Stress Office Temporary Hours:
Mon - Thursday:8am-4pm Friday:8am-12pm
From: Tiffany Medine
Sent: Monday, October 24, 2022 3:45 PM
To: Tamra Braddock ; Jerry Chancellor
Ce: Richard Mann ; Ben Huffman
Subject: [External] RE: RFQ
Please see attached.
Thanks,
Regards,
Tiffany Medine
M: 985.665.0718
OR
ISG seaarongouse
Wy
Gonzales, LA « (225) 314-3040 - Jacksonville, FL « (904) 990-5335 - Pasadena, TX « (713) 331-9906
From: Tamra Braddock
Sent: Monday, October 24, 2022 12:16 PM
To: iffany Medine ; Jerry Chancellor
Ce: Richard Mann ; Ben Huffman
Subject: RE: RFQ
Tiffany,
Could you please provide fax numbers or email addresses for the 3 credit references that you provided?
Thank you.
Thank you,
Tamra Braddock
Project Manager
Office: 352-787-1422
OOOO Mobile: 352-250-8170
11325 CR 44, Leesburg, FL 34788
Durastress.com
Dura-Stress Office Temporary Hours:
Mon - Thursday:8am-4pm Friday:8am-12pm
From: Tiffany Medine
Sent: Friday, October 21, 2022 2:04 PM
To: Tamra Braddock ; Jerry Chancellor
Cc: Richard Mann ; Ben Huffman
Subject: [External] RE: RFQ
Please see attached
Thanks,
Regards,
Tiffany Medine
M: 985.665.0718
INFRASTRUCTURE
sc soLur
Gonzales, LA + (225) 314-3040 - Jacksonville, FL + (904) 990-5335 - Pasadena, TX (713) 331-9906
From: Richard Mann
Sent: Friday, October 21, 2022 10:44 AM
To: AP
Subject: Fwd: RFQ
Good afternoon please see attached credit application
Richard Mann Sr.
Infrastructure Solutions Group
Gonzales,LA * (225) 314-3040 - Jacksonville, FL « (904) 990-5335
Mobile « (904) 343 - 9698 Fax = (225) 369-5543
From: Jerry Chancellor <, chancellor¢ durastress, com>
Sent: Friday, October 21, 2022 7:41:25 AM
To: Richard Mann
Cc: Tamra Braddock
Subject: RE: RFQ.
Here you go
From: Richard Mann
Sent: Thursday, October 20, 2022 2:49 PM
To: Jerry Chancellor
Subject: [External] RE: RFQ
From: Richard Mann
Sent: Wednesday, September 21, 2022 2:05 PM
To: Jerry Chancellor
Subject: RE: RFQ
Can you send me overa credit Application?
Thanks
Richard Mann
Infrastructure Solutions Group
Gonzales, LA * (225) 314-3
- 040
Pasadena, TX = (713) 331-9906
Mobile « (904)343-9698 Email * rmann@isg.work
ee
www, z.work
INFRASTRUCTURE
SOLUTIONS
GROUP
| have a PO for this order can you send us over a credit App so | can place a order.
Richard Mann
From: Jerry Chancellor
Sent: Wednesday, September 21, 2022 8:47 AM
To: Richard Mann
Subject: RE: RFQ
Richard,
Please see below for quote.
(1)Type VIII-48’ Strain pole is $4103.00
(2)Type VIII-52’ Strain poles are $4399.00 each
(3)Type VIll-49’ Strain poles are $4298.00 each
(1)Type VIII-50’ Strain pole is $4379.00
(1)Type Vill-51’ Strain pole is $4389.00
(2)Type VIII-53’ Strain poles are $4590.00 each
(1)Type VIII-46’ Strain pole is $4090.00
(1)Type VIII-54’ Strain pole is $4612.00
(3) Type Pil_12’ Service péles are $687.00 each
(6) Loads of freight to Jacksonville, Fl. Is $998.00 each load
Lead time is 8 to 10 weeks.
From: Richard Mann
Sent: Tuesday, September 20, 2022 11:03 AM
To: Jerry Chancellor
Subject: [External] RFQ
Jerry good morning, Please see the lighting plans and traffic signal plan and quote the pole please. If you have any
questions please give me a call.
Richard Mann
infrastructure Solutions Group
Gonzales, LA » (225) 314-3040 - Pasadena, TX + (713) 331-9906
Mobile + (904)343-9698 Email « rmann@isg.work
ie seaueen
www.ISG.work
INFRASTRUCTURE
EXHIBIT
C
Invoice
-® BURR-STRESS
Er (352) 780-1488 ° FAX: (S52) 7S
imc.
“3080
EIR isc GROUP (JB GROUP OF LA d/bia/_
INFRASTRUCTURE SO! LUTIONS )
kk ~
PO BOX 930
PO BOX 930
WATSON, LA 70786 WATSON, LA 70786
LecalHesshueetbeadatlnahl
aE} uci irs Cer Crane Pers
51067 7474 aus
04/28/23 05/28/23 Net 30 Days
LUT aes [errs ea eras tan
04/2371 App# 1 TYPE Vill - fas Caureia
P20789- 10
04/23 71 App# 1 TYPE It- 12 P20789-
4,612.00 4,612.00
04/23 71 App# 1 FREIGHT W 687.00 2,061.00
P20789- 12 998.00
04/2371 Appi 1 TYPE | - 35' JEA SPEC 6,986.00
P20789- 830.20
04/23 71 App# 1 TYPE Vill - 48° 4,151.00
P20789- 4,103.00
04/23 71 App#
1 TYPE VIII 52" P20789- 4,103.00
04/2374 Appi 1 TYPE Vill - 49° 4,399.00 8,798.00
P20789- 4,298.00
04/23 71 Appi# 1 TYPE Vili - 50' 12,894.00
P20789- 4,379.00
04/23 71 App# 1 TYPE Vill 51" P20789- 4,379.00
04/23 71 10 4,389.00 4,389.00
Appi 1 TYPE Vill - P20789-
04/23 71 1 Appi 1 TYPE Vill - 46° 4,590.00 9,180.00
P20789-
4,090.00 4,090.00
Notes:
PO# 1522 Total 65,643.00
PROJECT # 1175 Sales Tax 3,594.42
Less Retainag
Rees 69,237.42
Please remit payment to: Durastress inc.
PO Box 490779
Leesburg FL. 34749
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