Preview
Filing # 54594671 E-Filed 04/04/2017 10:39:33 AM
IN THE COUNTY COURT OF THE 17" JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
FLORIDA PENINSULA INSURANCE CASE NO.: COCE15-26983 (54)
COMPANY,
Plaintiff,
Vv.
RESTORATION XPERTS, INC.,
Defendant.
DEFENDANT’S MOTION FOR EXTENSION OF TIME TO
RESPOND TO DISCOVERY REQUESTS
Defendant, RESTORATION XPERTS, INC., by and through undersigned counsel,
hereby files its Motion for Extension of Time to Respond to Plaintiffs Discovery Requests
propounded on March 3, 2017, and respectfully moves this Court for an extension of time of 30
days in which to respond to Plaintiff's discovery requests, stating as grounds therefor as follows:
1 On March 3, 2017, Plaintiff, FLORIDA PENINSULA INSURANCE
COMPANY, propounded discovery directed to Defendant, RESTORATION XPERTS, INC.,
consisting of Interrogatories and Request for Production of Documents. A true and correct
copy of the Interrogatories and Request for Production are attached hereto as Exhibit “1”
and Exhibit “2” respectively.
2. The Interrogatories and Request for Production require a response within thirty
days which would be due on or about April 6, 2017.
3 Undersigned counsel and Defendant, RESTORATION XPERTS, INC., need
additional time to prepare the responses and respectfully request an additional 30 days in which
to file a response to the Interrogatories and Request for Production.
4 This request for extension is being made for proper purposes and not for delay.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/4/2017 10:39:32 AM.****
WHEREFORE, Defendant, RESTORATION XPERTS, INC., respectfully requests this
Court enter an Order granting the relief sought in this Motion and extending the deadline for
such discovery responses through and until May 5, 2017.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via
Email pursuant to Florida Rule of Judicial Administration, Rule 2.516 to: John S. Riordan, Esq.,
Kelley Kronenberg, 1475 Centrepark Blvd., Ste. 275, West Palm Beach, FL 33401,
jriordan@kelleykronenberg.com; on this 4"" day of April, 2017.
WEINTRAUB & WEINTRAUB, P.A.
Attorneys for Defendant
2700 North Military Trail, Suite 355
Boca Raton, FL 33431
Telephone: 561-988-6411
Facsimile: 561-988-6011
Service Email: services@weintraublawfirm.com
and pbw@weintraublawfirm.com
By:_/s/Peter B. Weintraub
PETER B. WEINTRAUB, ESQ.
Florida Bar No.: 322199
Filing # 53273462 E-Filed 03/03/2017 03:26:41 PM
IN THE COUNTY COURT OF THE 177
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: 15-026983 COCE Div. 54
FLORIDA PENINSULA INSURANCE
COMPANY,
Plaintiff,
VS.
RESTORATION XPERTS, INC.
Defendant.
/
PLAINTIFF, FLORIDA PENINSULA INSURANCE COMPANY’S, INITIAL
INTERROGATORIES TO DEFENDANT
Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY, by and_ through
undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby
propounds the following Initial Interrogatories to be answered under oath within (30) days by the
Defendant, RESTORATION XPERTS, INC.
DEFINITIONS
As used throughout these Initial Interrogatories, the following terms are defined as follows:
A “You,” “your,” “Defendant,” refers to Defendant, RESTORATION XPERTS,
INC., its agents, attorneys, representatives, and all other individuals acting or purporting
to act on the Defendant’s behalf.
“All” shall be understood to include and encompass “all.”
“Any” shall be understood to include and encompass “any.”
“Plaintiff,” “Florida Peninsula” refers to FLORIDA PENINSULA INSURANCE
COMPANY, its agents, attorneys and/or representatives.
“Identify” shall have the following meanings:
EXHIBIT "1"
With regard to individuals, state the name, home address and telephone number.
With regard to business entities, state the name, type of entity, state of corporation,
principal business address, and telephone number.
With regard to documents: state the author(s) and recipient(s), all individuals or
entities having possession or the right to possession of original(s) or copies thereof,
and state the date, number of pages, and type of each document.
“Person”, “Entity” refers to any natural person, individual, business entity, proprietorship,
partnership, corporation, association, organization, joint venture, firm, other business
enterprise, government body, group or natural persons, or other entity.
“Repairs” refers to any restorations made to the subject property to restore it to its former
condition.
“Third party” refers to any person and/or entity other than the Defendant.
As used herein, the term “document(s)” means the original or drafts of any kind or written
or graphic matter, however produced or reproduced, of any kind or description, whether
sent or received or neither, and all copies thereof which are different in any way from the
original (whether by interlineation, receipt, stamp, notation, indication of copies sent or
received or otherwise), and including without limitation any report, invoice, statement, bill,
proposal, bid, check, money order, photographs, agreement or contract.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
Please state the name, address, telephone number and relationship to the “DEFENDANT,”
of the person or persons who prepared, executed, and/or assisted in the preparation of these
Answers and/or Responses to Interrogatories.
State the name and address of each architect, engineer, contractor, and sub-contractor who
designed, constructed, maintained, and/or repaired the building or the common areas of the
Project, as such related to the work and/or development of the Project by “DEFENDANT.”
State the name and address of each employee and/or agent of “DEFENDANT” who
performed work and/or oversaw the development, delivery and construction of the Project.
If any of the foregoing employees/agents of “DEFENDANT” hold a license(s),
educational degree, and/or the like as such pertains to his/her employment/agency
relationship with “DEFENDANT,” please identify same, including but not limited
to the year such was obtained and the facility/school, and the like, that such was
obtained from.
Please state the name, address and telephone number of any and all persons who are
believed or know by you, your agents or your attorneys to have any knowledge of the facts
and issues involved in this lawsuit, and specify the subject matter and facts about which
the witnesses have knowledge and identify documents relating to that knowledge.
Identify all expert witnesses you intend to call at trial in this action, indicating the field of
expertise as to each expert, state the subject matter of which the expert is expected to testify,
state the substance of the facts and opinions to which the expert is expected to testify, and
state a summary of the grounds for each opinion.
Describe any and all policies of insurance which you contend cover or may cover you for
the allegations set forth in Plaintiff's Complaint, detailing as to such policies the name of
the insurer, the policy number, the effective dates of the policy and the available limits of
liability.
If there was an agreement, contractor, and/or sub-contractor contract that was executed
relating to the design, construction, maintenance and/or repairing of item(s) that
“DEFENDANT” executed relating to the work, delivery and/or development of the Project,
please identify:
a. Which entity such document was executed with;
b. The date such document was executed;
Whose possession such document is currently in;
State whether each particular item referred to in said document was actually
performed and provided for therein;
What sub-contractors, contractors, design professional(s), engineers, and/or
architect did “DEFENDANT” work with in relation to the work, development,
delivery and/or construction of the Project;
Were any change orders executed? If yes, what was the deviation(s), who executed
the change order(s) and was such work to be performed pursuant to the change
order completed:
What building code(s), county code(s) and/or ordinance(s) did “DEFENDANT”
and/or its agents, perform its work, development, delivery and construction of the
Project in accordance with; and
Did “DEFENDANT” pay its agents in full for the work performed at the Project?
If yes, who paid “DEFENDANT’s” agents and which agents, contractors,
3
engineers, architects and the like were paid, the amount of money paid and on
which specific dates was such remuneration delivered. If money was withheld by
“DEFENDANT” relating to the work performed at the Project, please explain why
and the amount withheld, and on what date(s) such occurred.
Please identify each person who at any time acted on behalfof “DEFENDANT” inspected,
for any purpose, the work, construction, delivery and development of the Project. Please
identify each date such person conducted each inspection, the specific purpose of each
inspection, what item was being inspected and if it passed inspection. If an item did not
pass inspection, please identify the remedial efforts taken and if in fact such did pass
inspection. Please identify any written documents supporting such inspections and whose
possession such documents are in.
Set forth a list of all photographs, plats, sketched, designs, plans, or other prepared
documents in your possession that relate to the claim or defense in this action.
10. Describe in detail each act or omission on the part of any third party that you contend
constituted negligence, breach of contract, and/or some failure to perform that was a
contributing legal cause of the incident in question.
11 Identify who you believe is responsible for each and every defect as alleged by the
Plaintiff.
12 Do you contend that another party was responsible for any of the alleged defects being
claimed by the Plaintiff?
13 Have you heard, or do you know about any statement or remark made by or on behalf of
any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so,
state the name and address of each person who made the statement or statements, the name
and address of each person who heard it, as well as the date, time, place and substance of
each statement.
14. What work, if any, did “DEFENDANT” perform at the subject project?
(a) Please provide the name, employment position/title, address and telephone number
for the “DEFENDANT’s” employees who worked on the subject project;
(b) The scope of work for the project; and
(c) Dates for when the work began and when it was completed.
15. Have any repairs/restoration been performed in regard to the claimed damages from
construction defects? If so, give the name and address of the person or company that did
the repairs, the date of repairs, a summary/description of the repairs, and the costs of the
repairs.
16 State the name of every bank, including the name on all accounts and the account numbers
of all bank accounts used by “DEFENDANT,” over the past 5 years.
17 State the name and contact information of all accountants and bookkeepers used over the
past 5 years for “DEFENDANT.”
18 State the date “DEFENDANT” first became aware of Plaintiff's claims.
19 Describe in “DEFENDANT’s” opinion what caused the Loss. And, please set forth the
basis for “DEFENDANT’s” answer, describing the nature and extent of any investigation
“DEFENDANT” relies upon in this regard.
20. If “DEFENDANT” denies that the Loss proximately caused all the damages claimed by
Plaintiff in this lawsuit, please set forth the complete basis for this contention.
21 Issues of liability aside, if “DEFENDANT” has any objection to the amount of damages
Plaintiff seeks to recover in this lawsuit, please set forth the complete basis for this
contention.
22 Aside from any privileged information, please state whether or not an investigation of
matters in any way pertaining to the subject matter of this proceeding has ever been made;
and if so, for each person who conducted, or was engaged in the investigation, please state:
a. The name and address of the consultant;
b. When the investigation(s) occurred; and
Cc. Whether a written report was created.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 3, 2017, this document was filed using the Florida
Courts E-Filing Portal and in compliance with Fla. R. Jud. Admin. 2.516 to: PETER B.
WEINTRAUB, ESQ., WEINTRAUB & WEINTRAUB, P.A., 2700 North Military Trail, Suite
355, Boca Raton, FL 33431, services@weintraublawfirm.com; pbw@weintraublawfirm.com.
Respectfully submitted,
KELLEY KRONENBERG
Counsel for Plaintiff
1475 Centrepark Boulevard, Suite 275
West Palm Beach, FL 33401
Telephone: (561) 684-5956
Facsimile: (561) 684-5753
BY: /s/ John S, Riordan
JOHN S. RIORDAN, ESQUIRE
Florida Bar No.: 0568694
jriordan@kelleykronenberg.com
Filing # 53273462 E-Filed 03/03/2017 03:26:41 PM
IN THE COUNTY COURT OF THE 177
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: 15-026983 COCE Div. 54
FLORIDA PENINSULA INSURANCE
COMPANY,
Plaintiff,
VS.
RESTORATION XPERTS, INC.
Defendant.
/
PLAINTIFF, FLORIDA PENINSULA INSURANCE COMPANY’S,
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT
Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY, by and through its
undersigned counsel and pursuant to Rule 1.350, Fla. R. Civ. P., hereby files its First Request for
Production upon Defendant, RESTORATION XPERTS, INC., and requests that Defendant
produce for inspection and copying at the offices of the undersigned, the following items set forth
herein as follows:
It is requested that the documents and materials be produced within thirty (30) days of the
date of service. Defendant’s responses should correspond, number by number to this request. The
documents and/or materials requested are believed to be in the possession, custody or control of
Defendant. The information sought by this request is relevant to the subject of this action and
cannot otherwise be obtained without undue hardship. In the event all or part of the documents
and/or materials herein requested are not in the passion or control of the Defendant, then the
undersigned requests the identity and location of all persons having such possession and control.
This request is made in good faith for the purposes expressed.
EXHIBIT "2"
DEFINITIONS
As used throughout this Request for Production, the following terms are defined as follows:
“You,” “your,” “Defendant,” refers to Defendant, RESTORATION XPERTS, INC., its
agents, attorneys, representatives, and all other individuals acting or purporting to act on
the Defendant’s behalf.
“All” shall be understood to include and encompass “all.”
“Any” shall be understood to include and encompass “any.”
“Plaintiff,” “Florida Peninsula” refers to FLORIDA PENINSULA INSURANCE
COMPANY, its agents, attorneys and/or representatives.
“Identify” shall have the following meanings:
1 With regard to individuals, state the name, home address and telephone number.
With regard to business entities, state the name, type of entity, state of corporation,
principal business address, and telephone number.
With regard to documents: state the author(s) and recipient(s), all individuals or
entities having possession or the right to possession of original(s) or copies thereof,
and state the date, number of pages, and type of each document.
“Person”, “Entity” refers to any natural person, individual, business entity, proprietorship,
partnership, corporation, association, organization, joint venture, firm, other business
enterprise, government body, group or natural persons, or other entity.
“Repairs” refers to any restorations made to the subject property to restore it to its former
condition.
“Third party” refers to any person and/or entity other than the Defendant.
As used herein, the term “document(s)” means the original or drafts of any kind or written
or graphic matter, however produced or reproduced, of any kind or description, whether
sent or received or neither, and all copies thereof which are different in any way from the
original (whether by interlineation, receipt, stamp, notation, indication of copies sent or
received or otherwise), and including without limitation any report, invoice, statement, bill,
proposal, bid, check, money order, photographs, agreement or contract.
INSTRUCTIONS TO BE FOLLOWED
You are instructed either to produce documents as they are kept in the usual course of
business or to produce documents organized and labeled to correspond with the categories
in this Request. Documents are to be produced in full and unexpurgated form.
This Request shall be deemed continuing so as to require further and supplemental
production in the event that the party requested to produce, or any of its attorneys, agents
or representatives, obtains or discovers additional information or documents between the
time of the initial production and the time of hearing or trial.
If any documents covered by this Request are withheld by reason of a claim of privilege,
work-product immunity or other ground of non-production, a list is to be furnished at the
time that documents are produced. The list shall identify each such document for which
the privilege is claimed specifically by its nature (e.g., letter, memorandum, etc.), together
with the following information with respect to any such document withheld: author,
recipient, sender, indicated or blind copies, date, subject matter, basis upon which the
privilege is claimed, number of pages and the paragraph of this Request to which such
document relates.
If a portion of an otherwise responsive document contains information that is subject to a
claim of privilege, only those portions of the document subject to other claim of privilege
shall be deleted or redacted from the document and, the rest of the document shall be
produced.
In the event that any document called for by this Request has been destroyed, lost, discarded
or otherwise disposed of, each such document is to be identified as completely as possible,
including, without limitation, the following information: author, recipient, sender, subject
matter, date prepared or received, date of disposal, person currently in possession of the
document and the person disposing of the document.
All objections to any category of documents to be produced pursuant to this Request or to
any definition or instruction it contains shall be in writing and delivered to Defendant’s
Counsel within the time provided in the applicable Florida Rules of Civil Procedure or, at
such other time as is agreed upon by the Parties or ordered by this Court.
Where identification of a document is requested, please set forth the identity of its author
or originator, the date of such authorship or origination, the identity of each person to
whom the original or copy was addressed or delivered, the identity of each person known
or reasonably believed to have present possession, custody, or control thereof, and a brief
description of the subject matter thereof.
Where identification of a person is requested, please set forth the person’s name, last-known
home and business address, telephone number, and relation to Defendant.
DOCUMENTS TO BE PRODUCED
Your entire project file.
All design documents, including but not limited to all permit plans and drawings,
architectural plans and drawings, specifications, surveys, engineering drawings, details and
schematics in connection with the design and construction of the Project.
All inspection drawings, submittals and reports for the Project.
All change orders, change directives, field orders, updates, revisions or amendments to the
original plans or specifications.
Originals or copies of all correspondence between “DEFENDANT” and any other person
or entity regarding or relating to the construction and/or design of the Project.
Originals or copies of all documents, notes, correspondence or memoranda received or
promulgated by “DEFENDANT” concerning the design or construction of any portion of
the Project.
All photographs, and video tape recordings, pertaining to, or concerning the original
installation and/or corrective work performed to the Project.
Any and all documents reflecting corrective work or repair work to the Project performed
by “DEFENDANT,” its subcontractors, independent contractors, suppliers, materialmen,
or any other entity.
All reports, developed or performed by any person or entity on “DEFENDANT’S” behalf,
analyzing the conditions of the Project.
10. Originals or copies of all non-privileged documents, correspondence or memoranda
received or promulgated by “DEFENDANT” concerning the construction or design of the
Project.
11 Originals or copies of all correspondence or any writing of any kind or description between
“DEFENDANT” and any of the following persons or entities concerning the design,
construction, maintenance, testing, inspection, and repair of the Project:
a. Any of “DEFENDANT’s” employees, agents or representatives;
b Any federal, state, county or city agency or official;
Any construction lender, lender’s inspector or lender’s consultant;
Any architect, engineer, design professional, or land surveyor; and
e. Any other contractor, sub-subcontractor, other subcontractor, laborer, supplier,
design professional or inspector.
12. Any report or analysis produced by any expert or outside consultant for the benefit of
“DEFENDANT” or otherwise utilized by “DEFENDANT” at the Project.
13 All records or complaints or problems by you, by any other contractor, subcontractor,
architect, design professional, sub-consultant, engineer, supervisor, inspector, persons who
performed tests, materialmen, suppliers, persons who made offers to perform services at
the Project, and/or all other persons in any way involved in the planning, design, testing,
improvements, construction, supervising, and inspecting, any portion of the construction
or design of the Project.
14 All records indicating the cost to repair any complaints or problems.
15 All payment documents, payment applications, and certifications of payments for the
Project.
16. Bid estimates including work sheets, take-off sheets, and analysis for the Project.
17 All Project related internal memorandum and e-mails, including meeting notes, memos to
file, or internal memos to other persons.
18 Copies of all e-mails sent or received by any employee, agent, affiliate, officer, director,
shareholder or independent contractor of the “DEFENDANT” which refer or relate to
Plaintiff or the Project.
19. Progress and construction reports for the Project.
20. Design calculations for the Project.
21 All inspection and/or testing reports for the Project, including, but not limited to, reports
or notes on any inspections or testing done by you and/or any parties other than you,
including inspection and/or reports by architects, construction managers, consultants,
experts, and the like.
22. All documents upon which “DEFENDANT” intends to rely to establish proof of its
defenses, claims, or rotation of claims.
23 All documents relating to any Notice of Commencement or Notice to Proceed for the
Project.
24 All daily, weekly or monthly job logs, job site progress reports, diaries, journals,
memoranda, correspondence or notes concerning the progress of the work on the Project,
prepared by any contractor, subcontractor, engineer, architect, testing service, construction
inspector, surveyor, construction consultant, or lender on the Project.
25 All documents showing all materials which were actually furnished and/or should have
been furnished for the Project.
26 All contracts, proposals for contracts and change orders in the contracts entered in to
between “DEFENDANT” and:
Sub-contractors;
Architects;
Engineers;
Supervisors;
Inspectors;
General Contractors;
Persons who performed tests and testing laboratories; and
All other persons in any way involved in the planning, designing, testing,
improving, constructing, supervising, inspecting, selling, and manufacturing of the
Project.
27. Any and all approved change orders, requests for change orders, pending change orders,
field orders, requests for information, work orders and extra work pertaining to the Project.
28. Any and all rejected change orders, requests for change orders, pending change orders,
field orders, requests for information, work orders and extra work pertaining to the Project.
29 All purchase orders for materials and supplies issued by “DEFENDANT” or others relating
to the Project.
30. Any and all contracts, invoices and purchase orders executed between “DEFENDANT,”
and any entity in connection to the Project which identifies the actual product used in
connection with the Project.
31 All work orders issued by “DEFENDANT,” or others relating to the work performed at the
Project, including but not limited to design, construction, maintenance and/or repair by
“DEFENDANT” at the Project.
32. All of the interoffice memoranda, job meeting minutes, reports and notes of
“DEFENDANT,” or others relating to the design, construction, maintenance and/or repair
of the community.
33 All manufacturers’ specifications for materials used in the construction of this project as it
relates to “DEFENDANT’s” work performed at the Project.
34, All documents evidencing the delivery of materials and supplies as it relates to the work at
the Project performed by “DEFENDANT.”
35 All employee payroll time sheets and payroll reports for daily, hourly and/or salaried
employees who worked for “DEFENDANT” at the Project.
36 All payroll time sheets and payroll reports for agents of “DEFENDANT” who performed
work at the Project on behalf of “DEFENDANT.”
37 All invoices relating to “DEFENDANT’s” work performed at the Project.
38. All construction schedules, including revisions received by “DEFENDANT” during its
course of work at the Project.
39 Any and all forensic reports and expert reports relating to any alleged defects at the Project.
40. Any and all maintenance records for the Project including schedules and inventories.
41 Any and all documents regarding prior complaints of defective construction or design of
the Project.
42 Any and all operating budgets, repair budgets and maintenance budgets for the Project.
43 Copies of contracts related to services performed for the Project.
44 Any and all documents related to renovations or remediation of the Project, including but
not limited to any internal reports, proposals, assessments and/or discussions leading to the
renovations or remediation regarding the scope, cost and financing of the renovations or
remediation.
45 Any and all documents in any way related to the alleged defective work on the Project.
46. Any and all documents in any way related to or supporting Plaintiff's alleged damages
claimed in this case.
47. Any and all statements taken of any witnesses or any defendant to this litigation, including
their agents, or employees relating to the facts or issues involved in this lawsuit.
48. Any and all correspondence or memoranda received by Plaintiff showing or intending to
show that the work by “DEFENDANT” on the Project was not completed to the
satisfaction of any person(s) or entity(ies), or was not acceptable to Plaintiff and/or any
person(s) or entity(ies).
49 Any and all complaints of improper or defective materials which were provided to Plaintiff,
its agents, employees, or principals.
50 Please provide all documents reflecting all forms of payment to any and all persons who
were provided funds by “DEFENDANT,” including employees, independent contractors,
and sub-contractors for any form of work, labor supervision, etc., for the Project.
51 Please state in detail any documentation in your possession that supports you position.
52. Any and all purchase and payment records for the materials and/or services which were
utilized in connection with the Project.
53 Any and all correspondence between the Plaintiff and “DEFENDANT.”
54, Any and all recorded and/or written statements of any third party or witness regarding the
Project.
55 Copies of any prior lawsuits filed against “DEFENDANT” during the last ten (10) years,
relating to an allegedly defective Project.
56 Copies of any judgments entered against “DEFENDANT” during the last ten (10) years,
relating to an allegedly defective Project.
57. Copies of any insurance policies which may cover the claims raised by the Plaintiff against
“DEFENDANT” in the instant action.
58 Copies of any correspondence between “DEFENDANT” and any insurer relating to the
claims alleged in the instant action, or relating to coverage or denial of said claims by any
insurer.
59. Copies of all documents relating to your scope of work at the Project.
60. Copies of all documents relating to your dates of work at the Project.
61 Any documents evidencing the dates that you performed the labor and/or services on the
Project, including but not limited to notes, correspondence, invoice or any other
documents.
62 Any and all documents related to any person or entity that is not a defendant to this lawsuit
who caused and/or contributed to any of the alleged damage to the Project.
63 Any and all reports pertaining to any issue involved in this lawsuit of expert witnesses who
will testify at trial.
64, All documents relating in any way to the Project.
65 All documents describing the job “DEFENDANT” performed for Plaintiff.
66. All documents describing the job “DEFENDANT” was expected to perform for Plaintiff.
67. All payment requests, all payment requisitions, and all payment records on this project.
68. All estimates and paid bills for repairs and/or remediation for the alleged damages/defects
on this project which form the basis of this lawsuit.
69. Copies of any agreements entered into by you, or on your behalf, with any person or
corporation whom you contend may have some liability exposure for the subject matter
herein.
70. Copies of all reservation of rights letters sent to you by your insurance carriers relative to
this claim.
71 Any documents reflecting your assignment to another, of any of your rights, claims, or
damages in this litigation.
72 All investigative reports and all consultant reports in regard to alleged defects on this
project.
73 All receipts, bills or invoices sent to Plaintiff for the subject job.
74 All documents evincing payment for materials (by anyone) for the subject job.
75 All documents evincing payments to “DEFENDANT” by Plaintiff.
76. All bank records for every bank, used by “DEFENDANT,” over the past 5 years.
77. All of “DEFENDANT’S” bookkeeping documents over the past 5 years.
78. All computerized records, computer records, discs or printouts containing or sorting any of
the documents requested in paragraphs | through 77, including all subparts, above.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 3, 2017, this document was filed using the Florida
Courts E-Filing Portal and in compliance with Fla. R. Jud. Admin. 2.516 to: PETER B.
WEINTRAUB, ESQ., WEINTRAUB & WEINTRAUB, P.A., 2700 North Military Trail, Suite
355, Boca Raton, FL 33431, services@weintraublawfirm.com; pbw@weintraublawfirm.com.
Respectfully submitted,
KELLEY KRONENBERG
Counsel for Plaintiff
1475 Centrepark Boulevard, Suite 275
West Palm Beach, FL 33401
Telephone: (561) 684-5956
Facsimile: (561) 684-5753
BY: /s/ John S. Riordan
JOHN S. RIORDAN, ESQUIRE
Florida Bar No.: 0568694
jriordan@kelleykronenberg.com
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Filing # 54594671 E-Filed 04/04/2017 10:39:33 AM IN THE COUNTY COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA FLORIDA PENINSULA INSURANCE CASE NO.: COCE15-26983 (54) COMPANY, Plaintiff, Vv. RESTORATION XPERTS, INC., Defendant. DEFENDANT’S MOTION FOR EXTENSION OF TIME TO RESPOND TO DISCOVERY REQUESTS Defendant, RESTORATION XPERTS, INC., by and through undersigned counsel, hereby files its Motion for Extension of Time to Respond to Plaintiffs Discovery Requests propounded on March 3, 2017, and respectfully moves this Court for an extension of time of 30 days in which to respond to Plaintiff's discovery requests, stating as grounds therefor as follows: 1 On March 3, 2017, Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY, propounded discovery directed to Defendant, RESTORATION XPERTS, INC., consisting of Interrogatories and Request for Production of Documents. A true and correct copy of the Interrogatories and Request for Production are attached hereto as Exhibit “1” and Exhibit “2” respectively. 2. The Interrogatories and Request for Production require a response within thirty days which would be due on or about April 6, 2017. 3 Undersigned counsel and Defendant, RESTORATION XPERTS, INC., need additional time to prepare the responses and respectfully request an additional 30 days in which to file a response to the Interrogatories and Request for Production. 4 This request for extension is being made for proper purposes and not for delay. #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/4/2017 10:39:32 AM.**** WHEREFORE, Defendant, RESTORATION XPERTS, INC., respectfully requests this Court enter an Order granting the relief sought in this Motion and extending the deadline for such discovery responses through and until May 5, 2017. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via Email pursuant to Florida Rule of Judicial Administration, Rule 2.516 to: John S. Riordan, Esq., Kelley Kronenberg, 1475 Centrepark Blvd., Ste. 275, West Palm Beach, FL 33401, jriordan@kelleykronenberg.com; on this 4"" day of April, 2017. WEINTRAUB & WEINTRAUB, P.A. Attorneys for Defendant 2700 North Military Trail, Suite 355 Boca Raton, FL 33431 Telephone: 561-988-6411 Facsimile: 561-988-6011 Service Email: services@weintraublawfirm.com and pbw@weintraublawfirm.com By:_/s/Peter B. Weintraub PETER B. WEINTRAUB, ESQ. Florida Bar No.: 322199 Filing # 53273462 E-Filed 03/03/2017 03:26:41 PM IN THE COUNTY COURT OF THE 177 JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: 15-026983 COCE Div. 54 FLORIDA PENINSULA INSURANCE COMPANY, Plaintiff, VS. RESTORATION XPERTS, INC. Defendant. / PLAINTIFF, FLORIDA PENINSULA INSURANCE COMPANY’S, INITIAL INTERROGATORIES TO DEFENDANT Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY, by and_ through undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby propounds the following Initial Interrogatories to be answered under oath within (30) days by the Defendant, RESTORATION XPERTS, INC. DEFINITIONS As used throughout these Initial Interrogatories, the following terms are defined as follows: A “You,” “your,” “Defendant,” refers to Defendant, RESTORATION XPERTS, INC., its agents, attorneys, representatives, and all other individuals acting or purporting to act on the Defendant’s behalf. “All” shall be understood to include and encompass “all.” “Any” shall be understood to include and encompass “any.” “Plaintiff,” “Florida Peninsula” refers to FLORIDA PENINSULA INSURANCE COMPANY, its agents, attorneys and/or representatives. “Identify” shall have the following meanings: EXHIBIT "1" With regard to individuals, state the name, home address and telephone number. With regard to business entities, state the name, type of entity, state of corporation, principal business address, and telephone number. With regard to documents: state the author(s) and recipient(s), all individuals or entities having possession or the right to possession of original(s) or copies thereof, and state the date, number of pages, and type of each document. “Person”, “Entity” refers to any natural person, individual, business entity, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, government body, group or natural persons, or other entity. “Repairs” refers to any restorations made to the subject property to restore it to its former condition. “Third party” refers to any person and/or entity other than the Defendant. As used herein, the term “document(s)” means the original or drafts of any kind or written or graphic matter, however produced or reproduced, of any kind or description, whether sent or received or neither, and all copies thereof which are different in any way from the original (whether by interlineation, receipt, stamp, notation, indication of copies sent or received or otherwise), and including without limitation any report, invoice, statement, bill, proposal, bid, check, money order, photographs, agreement or contract. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT Please state the name, address, telephone number and relationship to the “DEFENDANT,” of the person or persons who prepared, executed, and/or assisted in the preparation of these Answers and/or Responses to Interrogatories. State the name and address of each architect, engineer, contractor, and sub-contractor who designed, constructed, maintained, and/or repaired the building or the common areas of the Project, as such related to the work and/or development of the Project by “DEFENDANT.” State the name and address of each employee and/or agent of “DEFENDANT” who performed work and/or oversaw the development, delivery and construction of the Project. If any of the foregoing employees/agents of “DEFENDANT” hold a license(s), educational degree, and/or the like as such pertains to his/her employment/agency relationship with “DEFENDANT,” please identify same, including but not limited to the year such was obtained and the facility/school, and the like, that such was obtained from. Please state the name, address and telephone number of any and all persons who are believed or know by you, your agents or your attorneys to have any knowledge of the facts and issues involved in this lawsuit, and specify the subject matter and facts about which the witnesses have knowledge and identify documents relating to that knowledge. Identify all expert witnesses you intend to call at trial in this action, indicating the field of expertise as to each expert, state the subject matter of which the expert is expected to testify, state the substance of the facts and opinions to which the expert is expected to testify, and state a summary of the grounds for each opinion. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in Plaintiff's Complaint, detailing as to such policies the name of the insurer, the policy number, the effective dates of the policy and the available limits of liability. If there was an agreement, contractor, and/or sub-contractor contract that was executed relating to the design, construction, maintenance and/or repairing of item(s) that “DEFENDANT” executed relating to the work, delivery and/or development of the Project, please identify: a. Which entity such document was executed with; b. The date such document was executed; Whose possession such document is currently in; State whether each particular item referred to in said document was actually performed and provided for therein; What sub-contractors, contractors, design professional(s), engineers, and/or architect did “DEFENDANT” work with in relation to the work, development, delivery and/or construction of the Project; Were any change orders executed? If yes, what was the deviation(s), who executed the change order(s) and was such work to be performed pursuant to the change order completed: What building code(s), county code(s) and/or ordinance(s) did “DEFENDANT” and/or its agents, perform its work, development, delivery and construction of the Project in accordance with; and Did “DEFENDANT” pay its agents in full for the work performed at the Project? If yes, who paid “DEFENDANT’s” agents and which agents, contractors, 3 engineers, architects and the like were paid, the amount of money paid and on which specific dates was such remuneration delivered. If money was withheld by “DEFENDANT” relating to the work performed at the Project, please explain why and the amount withheld, and on what date(s) such occurred. Please identify each person who at any time acted on behalfof “DEFENDANT” inspected, for any purpose, the work, construction, delivery and development of the Project. Please identify each date such person conducted each inspection, the specific purpose of each inspection, what item was being inspected and if it passed inspection. If an item did not pass inspection, please identify the remedial efforts taken and if in fact such did pass inspection. Please identify any written documents supporting such inspections and whose possession such documents are in. Set forth a list of all photographs, plats, sketched, designs, plans, or other prepared documents in your possession that relate to the claim or defense in this action. 10. Describe in detail each act or omission on the part of any third party that you contend constituted negligence, breach of contract, and/or some failure to perform that was a contributing legal cause of the incident in question. 11 Identify who you believe is responsible for each and every defect as alleged by the Plaintiff. 12 Do you contend that another party was responsible for any of the alleged defects being claimed by the Plaintiff? 13 Have you heard, or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, as well as the date, time, place and substance of each statement. 14. What work, if any, did “DEFENDANT” perform at the subject project? (a) Please provide the name, employment position/title, address and telephone number for the “DEFENDANT’s” employees who worked on the subject project; (b) The scope of work for the project; and (c) Dates for when the work began and when it was completed. 15. Have any repairs/restoration been performed in regard to the claimed damages from construction defects? If so, give the name and address of the person or company that did the repairs, the date of repairs, a summary/description of the repairs, and the costs of the repairs. 16 State the name of every bank, including the name on all accounts and the account numbers of all bank accounts used by “DEFENDANT,” over the past 5 years. 17 State the name and contact information of all accountants and bookkeepers used over the past 5 years for “DEFENDANT.” 18 State the date “DEFENDANT” first became aware of Plaintiff's claims. 19 Describe in “DEFENDANT’s” opinion what caused the Loss. And, please set forth the basis for “DEFENDANT’s” answer, describing the nature and extent of any investigation “DEFENDANT” relies upon in this regard. 20. If “DEFENDANT” denies that the Loss proximately caused all the damages claimed by Plaintiff in this lawsuit, please set forth the complete basis for this contention. 21 Issues of liability aside, if “DEFENDANT” has any objection to the amount of damages Plaintiff seeks to recover in this lawsuit, please set forth the complete basis for this contention. 22 Aside from any privileged information, please state whether or not an investigation of matters in any way pertaining to the subject matter of this proceeding has ever been made; and if so, for each person who conducted, or was engaged in the investigation, please state: a. The name and address of the consultant; b. When the investigation(s) occurred; and Cc. Whether a written report was created. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 3, 2017, this document was filed using the Florida Courts E-Filing Portal and in compliance with Fla. R. Jud. Admin. 2.516 to: PETER B. WEINTRAUB, ESQ., WEINTRAUB & WEINTRAUB, P.A., 2700 North Military Trail, Suite 355, Boca Raton, FL 33431, services@weintraublawfirm.com; pbw@weintraublawfirm.com. Respectfully submitted, KELLEY KRONENBERG Counsel for Plaintiff 1475 Centrepark Boulevard, Suite 275 West Palm Beach, FL 33401 Telephone: (561) 684-5956 Facsimile: (561) 684-5753 BY: /s/ John S, Riordan JOHN S. RIORDAN, ESQUIRE Florida Bar No.: 0568694 jriordan@kelleykronenberg.com Filing # 53273462 E-Filed 03/03/2017 03:26:41 PM IN THE COUNTY COURT OF THE 177 JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: 15-026983 COCE Div. 54 FLORIDA PENINSULA INSURANCE COMPANY, Plaintiff, VS. RESTORATION XPERTS, INC. Defendant. / PLAINTIFF, FLORIDA PENINSULA INSURANCE COMPANY’S, FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY, by and through its undersigned counsel and pursuant to Rule 1.350, Fla. R. Civ. P., hereby files its First Request for Production upon Defendant, RESTORATION XPERTS, INC., and requests that Defendant produce for inspection and copying at the offices of the undersigned, the following items set forth herein as follows: It is requested that the documents and materials be produced within thirty (30) days of the date of service. Defendant’s responses should correspond, number by number to this request. The documents and/or materials requested are believed to be in the possession, custody or control of Defendant. The information sought by this request is relevant to the subject of this action and cannot otherwise be obtained without undue hardship. In the event all or part of the documents and/or materials herein requested are not in the passion or control of the Defendant, then the undersigned requests the identity and location of all persons having such possession and control. This request is made in good faith for the purposes expressed. EXHIBIT "2" DEFINITIONS As used throughout this Request for Production, the following terms are defined as follows: “You,” “your,” “Defendant,” refers to Defendant, RESTORATION XPERTS, INC., its agents, attorneys, representatives, and all other individuals acting or purporting to act on the Defendant’s behalf. “All” shall be understood to include and encompass “all.” “Any” shall be understood to include and encompass “any.” “Plaintiff,” “Florida Peninsula” refers to FLORIDA PENINSULA INSURANCE COMPANY, its agents, attorneys and/or representatives. “Identify” shall have the following meanings: 1 With regard to individuals, state the name, home address and telephone number. With regard to business entities, state the name, type of entity, state of corporation, principal business address, and telephone number. With regard to documents: state the author(s) and recipient(s), all individuals or entities having possession or the right to possession of original(s) or copies thereof, and state the date, number of pages, and type of each document. “Person”, “Entity” refers to any natural person, individual, business entity, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, government body, group or natural persons, or other entity. “Repairs” refers to any restorations made to the subject property to restore it to its former condition. “Third party” refers to any person and/or entity other than the Defendant. As used herein, the term “document(s)” means the original or drafts of any kind or written or graphic matter, however produced or reproduced, of any kind or description, whether sent or received or neither, and all copies thereof which are different in any way from the original (whether by interlineation, receipt, stamp, notation, indication of copies sent or received or otherwise), and including without limitation any report, invoice, statement, bill, proposal, bid, check, money order, photographs, agreement or contract. INSTRUCTIONS TO BE FOLLOWED You are instructed either to produce documents as they are kept in the usual course of business or to produce documents organized and labeled to correspond with the categories in this Request. Documents are to be produced in full and unexpurgated form. This Request shall be deemed continuing so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agents or representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. If any documents covered by this Request are withheld by reason of a claim of privilege, work-product immunity or other ground of non-production, a list is to be furnished at the time that documents are produced. The list shall identify each such document for which the privilege is claimed specifically by its nature (e.g., letter, memorandum, etc.), together with the following information with respect to any such document withheld: author, recipient, sender, indicated or blind copies, date, subject matter, basis upon which the privilege is claimed, number of pages and the paragraph of this Request to which such document relates. If a portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to other claim of privilege shall be deleted or redacted from the document and, the rest of the document shall be produced. In the event that any document called for by this Request has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author, recipient, sender, subject matter, date prepared or received, date of disposal, person currently in possession of the document and the person disposing of the document. All objections to any category of documents to be produced pursuant to this Request or to any definition or instruction it contains shall be in writing and delivered to Defendant’s Counsel within the time provided in the applicable Florida Rules of Civil Procedure or, at such other time as is agreed upon by the Parties or ordered by this Court. Where identification of a document is requested, please set forth the identity of its author or originator, the date of such authorship or origination, the identity of each person to whom the original or copy was addressed or delivered, the identity of each person known or reasonably believed to have present possession, custody, or control thereof, and a brief description of the subject matter thereof. Where identification of a person is requested, please set forth the person’s name, last-known home and business address, telephone number, and relation to Defendant. DOCUMENTS TO BE PRODUCED Your entire project file. All design documents, including but not limited to all permit plans and drawings, architectural plans and drawings, specifications, surveys, engineering drawings, details and schematics in connection with the design and construction of the Project. All inspection drawings, submittals and reports for the Project. All change orders, change directives, field orders, updates, revisions or amendments to the original plans or specifications. Originals or copies of all correspondence between “DEFENDANT” and any other person or entity regarding or relating to the construction and/or design of the Project. Originals or copies of all documents, notes, correspondence or memoranda received or promulgated by “DEFENDANT” concerning the design or construction of any portion of the Project. All photographs, and video tape recordings, pertaining to, or concerning the original installation and/or corrective work performed to the Project. Any and all documents reflecting corrective work or repair work to the Project performed by “DEFENDANT,” its subcontractors, independent contractors, suppliers, materialmen, or any other entity. All reports, developed or performed by any person or entity on “DEFENDANT’S” behalf, analyzing the conditions of the Project. 10. Originals or copies of all non-privileged documents, correspondence or memoranda received or promulgated by “DEFENDANT” concerning the construction or design of the Project. 11 Originals or copies of all correspondence or any writing of any kind or description between “DEFENDANT” and any of the following persons or entities concerning the design, construction, maintenance, testing, inspection, and repair of the Project: a. Any of “DEFENDANT’s” employees, agents or representatives; b Any federal, state, county or city agency or official; Any construction lender, lender’s inspector or lender’s consultant; Any architect, engineer, design professional, or land surveyor; and e. Any other contractor, sub-subcontractor, other subcontractor, laborer, supplier, design professional or inspector. 12. Any report or analysis produced by any expert or outside consultant for the benefit of “DEFENDANT” or otherwise utilized by “DEFENDANT” at the Project. 13 All records or complaints or problems by you, by any other contractor, subcontractor, architect, design professional, sub-consultant, engineer, supervisor, inspector, persons who performed tests, materialmen, suppliers, persons who made offers to perform services at the Project, and/or all other persons in any way involved in the planning, design, testing, improvements, construction, supervising, and inspecting, any portion of the construction or design of the Project. 14 All records indicating the cost to repair any complaints or problems. 15 All payment documents, payment applications, and certifications of payments for the Project. 16. Bid estimates including work sheets, take-off sheets, and analysis for the Project. 17 All Project related internal memorandum and e-mails, including meeting notes, memos to file, or internal memos to other persons. 18 Copies of all e-mails sent or received by any employee, agent, affiliate, officer, director, shareholder or independent contractor of the “DEFENDANT” which refer or relate to Plaintiff or the Project. 19. Progress and construction reports for the Project. 20. Design calculations for the Project. 21 All inspection and/or testing reports for the Project, including, but not limited to, reports or notes on any inspections or testing done by you and/or any parties other than you, including inspection and/or reports by architects, construction managers, consultants, experts, and the like. 22. All documents upon which “DEFENDANT” intends to rely to establish proof of its defenses, claims, or rotation of claims. 23 All documents relating to any Notice of Commencement or Notice to Proceed for the Project. 24 All daily, weekly or monthly job logs, job site progress reports, diaries, journals, memoranda, correspondence or notes concerning the progress of the work on the Project, prepared by any contractor, subcontractor, engineer, architect, testing service, construction inspector, surveyor, construction consultant, or lender on the Project. 25 All documents showing all materials which were actually furnished and/or should have been furnished for the Project. 26 All contracts, proposals for contracts and change orders in the contracts entered in to between “DEFENDANT” and: Sub-contractors; Architects; Engineers; Supervisors; Inspectors; General Contractors; Persons who performed tests and testing laboratories; and All other persons in any way involved in the planning, designing, testing, improving, constructing, supervising, inspecting, selling, and manufacturing of the Project. 27. Any and all approved change orders, requests for change orders, pending change orders, field orders, requests for information, work orders and extra work pertaining to the Project. 28. Any and all rejected change orders, requests for change orders, pending change orders, field orders, requests for information, work orders and extra work pertaining to the Project. 29 All purchase orders for materials and supplies issued by “DEFENDANT” or others relating to the Project. 30. Any and all contracts, invoices and purchase orders executed between “DEFENDANT,” and any entity in connection to the Project which identifies the actual product used in connection with the Project. 31 All work orders issued by “DEFENDANT,” or others relating to the work performed at the Project, including but not limited to design, construction, maintenance and/or repair by “DEFENDANT” at the Project. 32. All of the interoffice memoranda, job meeting minutes, reports and notes of “DEFENDANT,” or others relating to the design, construction, maintenance and/or repair of the community. 33 All manufacturers’ specifications for materials used in the construction of this project as it relates to “DEFENDANT’s” work performed at the Project. 34, All documents evidencing the delivery of materials and supplies as it relates to the work at the Project performed by “DEFENDANT.” 35 All employee payroll time sheets and payroll reports for daily, hourly and/or salaried employees who worked for “DEFENDANT” at the Project. 36 All payroll time sheets and payroll reports for agents of “DEFENDANT” who performed work at the Project on behalf of “DEFENDANT.” 37 All invoices relating to “DEFENDANT’s” work performed at the Project. 38. All construction schedules, including revisions received by “DEFENDANT” during its course of work at the Project. 39 Any and all forensic reports and expert reports relating to any alleged defects at the Project. 40. Any and all maintenance records for the Project including schedules and inventories. 41 Any and all documents regarding prior complaints of defective construction or design of the Project. 42 Any and all operating budgets, repair budgets and maintenance budgets for the Project. 43 Copies of contracts related to services performed for the Project. 44 Any and all documents related to renovations or remediation of the Project, including but not limited to any internal reports, proposals, assessments and/or discussions leading to the renovations or remediation regarding the scope, cost and financing of the renovations or remediation. 45 Any and all documents in any way related to the alleged defective work on the Project. 46. Any and all documents in any way related to or supporting Plaintiff's alleged damages claimed in this case. 47. Any and all statements taken of any witnesses or any defendant to this litigation, including their agents, or employees relating to the facts or issues involved in this lawsuit. 48. Any and all correspondence or memoranda received by Plaintiff showing or intending to show that the work by “DEFENDANT” on the Project was not completed to the satisfaction of any person(s) or entity(ies), or was not acceptable to Plaintiff and/or any person(s) or entity(ies). 49 Any and all complaints of improper or defective materials which were provided to Plaintiff, its agents, employees, or principals. 50 Please provide all documents reflecting all forms of payment to any and all persons who were provided funds by “DEFENDANT,” including employees, independent contractors, and sub-contractors for any form of work, labor supervision, etc., for the Project. 51 Please state in detail any documentation in your possession that supports you position. 52. Any and all purchase and payment records for the materials and/or services which were utilized in connection with the Project. 53 Any and all correspondence between the Plaintiff and “DEFENDANT.” 54, Any and all recorded and/or written statements of any third party or witness regarding the Project. 55 Copies of any prior lawsuits filed against “DEFENDANT” during the last ten (10) years, relating to an allegedly defective Project. 56 Copies of any judgments entered against “DEFENDANT” during the last ten (10) years, relating to an allegedly defective Project. 57. Copies of any insurance policies which may cover the claims raised by the Plaintiff against “DEFENDANT” in the instant action. 58 Copies of any correspondence between “DEFENDANT” and any insurer relating to the claims alleged in the instant action, or relating to coverage or denial of said claims by any insurer. 59. Copies of all documents relating to your scope of work at the Project. 60. Copies of all documents relating to your dates of work at the Project. 61 Any documents evidencing the dates that you performed the labor and/or services on the Project, including but not limited to notes, correspondence, invoice or any other documents. 62 Any and all documents related to any person or entity that is not a defendant to this lawsuit who caused and/or contributed to any of the alleged damage to the Project. 63 Any and all reports pertaining to any issue involved in this lawsuit of expert witnesses who will testify at trial. 64, All documents relating in any way to the Project. 65 All documents describing the job “DEFENDANT” performed for Plaintiff. 66. All documents describing the job “DEFENDANT” was expected to perform for Plaintiff. 67. All payment requests, all payment requisitions, and all payment records on this project. 68. All estimates and paid bills for repairs and/or remediation for the alleged damages/defects on this project which form the basis of this lawsuit. 69. Copies of any agreements entered into by you, or on your behalf, with any person or corporation whom you contend may have some liability exposure for the subject matter herein. 70. Copies of all reservation of rights letters sent to you by your insurance carriers relative to this claim. 71 Any documents reflecting your assignment to another, of any of your rights, claims, or damages in this litigation. 72 All investigative reports and all consultant reports in regard to alleged defects on this project. 73 All receipts, bills or invoices sent to Plaintiff for the subject job. 74 All documents evincing payment for materials (by anyone) for the subject job. 75 All documents evincing payments to “DEFENDANT” by Plaintiff. 76. All bank records for every bank, used by “DEFENDANT,” over the past 5 years. 77. All of “DEFENDANT’S” bookkeeping documents over the past 5 years. 78. All computerized records, computer records, discs or printouts containing or sorting any of the documents requested in paragraphs | through 77, including all subparts, above. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 3, 2017, this document was filed using the Florida Courts E-Filing Portal and in compliance with Fla. R. Jud. Admin. 2.516 to: PETER B. WEINTRAUB, ESQ., WEINTRAUB & WEINTRAUB, P.A., 2700 North Military Trail, Suite 355, Boca Raton, FL 33431, services@weintraublawfirm.com; pbw@weintraublawfirm.com. Respectfully submitted, KELLEY KRONENBERG Counsel for Plaintiff 1475 Centrepark Boulevard, Suite 275 West Palm Beach, FL 33401 Telephone: (561) 684-5956 Facsimile: (561) 684-5753 BY: /s/ John S. Riordan JOHN S. RIORDAN, ESQUIRE Florida Bar No.: 0568694 jriordan@kelleykronenberg.com