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  • DURA STRESS INC vs JB GROUP OF LA LLC DBA INFRASTRUCTURE SOLUTIONS GROUP Contract and Indebtedness document preview
  • DURA STRESS INC vs JB GROUP OF LA LLC DBA INFRASTRUCTURE SOLUTIONS GROUP Contract and Indebtedness document preview
  • DURA STRESS INC vs JB GROUP OF LA LLC DBA INFRASTRUCTURE SOLUTIONS GROUP Contract and Indebtedness document preview
  • DURA STRESS INC vs JB GROUP OF LA LLC DBA INFRASTRUCTURE SOLUTIONS GROUP Contract and Indebtedness document preview
  • DURA STRESS INC vs JB GROUP OF LA LLC DBA INFRASTRUCTURE SOLUTIONS GROUP Contract and Indebtedness document preview
  • DURA STRESS INC vs JB GROUP OF LA LLC DBA INFRASTRUCTURE SOLUTIONS GROUP Contract and Indebtedness document preview
  • DURA STRESS INC vs JB GROUP OF LA LLC DBA INFRASTRUCTURE SOLUTIONS GROUP Contract and Indebtedness document preview
  • DURA STRESS INC vs JB GROUP OF LA LLC DBA INFRASTRUCTURE SOLUTIONS GROUP Contract and Indebtedness document preview
						
                                

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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 Page 1 of 1