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Case Number: COCE-15-026983 Division: 54
Filing # 35687885 E-Filed 12/17/2015 04:32:30 PM
IN THE COUNTY COURT OF THE 177
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO:
FLORIDA PENINSULA INSURANCE
COMPANY,
Plaintiff,
VS.
RESTORATION XPERTS, INC.
Defendant.
COMPLAINT
The Defendant, Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY (“FPIC”),
sues Defendant, RESTORATION XPERTS, INC., a Florida corporation, for damages and in
support thereof, sets forth the following:
SUMMARY OF FACTS
1 This is an action for damages within the jurisdiction of this Court, which does not
exceed $15,000.00, exclusive of Court costs, interest and attorney’s fees.
2 Plaintiff, FPIC, is a company authorized to transact business in the State of Florida.
3 FPIC provided homeowner’s insurance to insured, Todd Gailboord.
4 The property, owned by Todd Gailboord, and insured by FPIC, is located at 2558
Garden Court, Hollywood, FL 33026 (the “residence”).
*** FILED: BROWARD COUNTY. FL HOWARD FORMAN, CLERK 12/17/2015 4:32:28 PM.****
FPIy. Restoration Xperts, Inc.
Complaint for Damages
Page 2 of 9
5 On October 26, 2013, Todd Gailboord’s residence sustained water damage, which
was caused by a plumbing leak.
6. Todd Gailboord made a claim (claim number “FPI040492-00”) under their
insurance policy, FPH1119890-01 (the “Policy”) for covered damages.
7 Certain damages to Todd Gailboord’s property were covered by the effective Policy
between FPIC and Todd Gailboord.
8 In order to repair the covered damages to Todd Gailboord’s residence, FPIC utilized
the services of Crawford Contractor Connection (“Crawford”), to refer the services of a vetted,
qualified and licensed contractor.
9 Crawford matched and referred FPIC with a vetted, qualified and licensed
contractor to manage and carry out the repairs to Todd Gailboord’s residence.
10. Crawford referred and matched FPIC with the services of RESTORATION
XPERTS to perform the agreed repairs to Todd Gailboord’s residence.
11. RESTORATION XPERTS entered into an “Agreement to Provide Services”
(hereinafter “Agreement”) with Crawford that directly and intentionally benefited FPIC. Said
Agreement is not in FPIC’s possession, but is in the possession of Crawford and RESTORATION
XPERTS, and will be obtained by FPIC during discovery. The Agreement is in the possession of
RESTORATION XPERTS.
12. As the entity that was to be paying for RESTORATION XPERTS:’ services, FPIC
was a foreseeable third party beneficiary to the Agreement RESTORATION XPERTS entered into
with Crawford.
13. RESTORATION XPERTS is a Florida for-Profit Corporation, and at all times
material hereto was doing business in the State of Florida.
FPIy. Restoration Xperts, Inc.
Complaint for Damages
Page 3 of 9
14. RESTORATION XPERTS is authorized to transact business in the state of Florida.
15 RESTORATION XPERTS is authorized to transact business in Broward County.
16. Venue is proper in Broward County, Florida.
17 RESTORATION XPERTS charged FPIC $6,889.05 for the work it performed at
Todd Gailboord’s residence.
18. FPIC paid RESTORATION XPERTS directly for its services, in the amount of
$6,889.05, for the commencement of the specified repair work at Todd Gailboord’s residence.
19. RESTORATION XPERTS accepted payment by FPIC for its services, in the
amount of $6,889.05 to commence the specified repair work at Todd Gailboord’s residence.
20. RESTORATION XPERTS had a duty to complete repairs to Todd Gailboord’s
residence in full.
21. RESTORATION XPERTS did not fully complete its repair work at Todd
Gailboord’s residence.
22. After having the opportunity to examine the work provided by RESTORATION
XPERTS to his residence, Todd Gailboord discovered RESTORATION XPERTS failed to
complete repairs to Todd Gailboord’s residence.
23. After having been informed of the incomplete construction work of
RESTORATION XPERTS, FPIC discovered RESTORATION XPERTS’s failure to complete
repairs to Todd Gailboord’s residence.
24, At that time, FPIC found that the repair work done by RESTORATION XPERTS
had not been fully completed under the terms of the Agreement.
FPIy. Restoration Xperts, Inc.
Complaint for Damages
Page 4 of 9
25. As a direct and proximate result of the incomplete construction work of
RESTORATION XPERTS, FPIC was forced to pay another contractor to complete repair to Todd
Gailboord’s residence, and has incurred additional incidental damages and costs.
26. RESTORATION XPERTS were notified of the incomplete repairs to Todd
Gailboord’s residence and demanded reimbursement of the amount paid by FPIC.
27. On February 6, 2015, FPIC made its third request for payment in the amount of
$6,889.05 from RESTORATION XPERTS for the incomplete repairs to Todd Gailboord’s
residence.
28. On April 10, 2015, FPIC made its fourth request for payment in the amount of
$6,889.05 from RESTORATION XPERTS for the incomplete repairs to Todd Gailboord’s
residence.
29. On or about April 29, 2015, FPIC received $1,000 draft from RESTORATION
XPERTS for partial reimbursement for the incomplete repairs to Todd Gailboord’s residence.
30. On or about May 12, 2015, FPIC received a second $1,000 draft from
RESTORATION XPERTS for partial reimbursement for the incomplete repairs to Todd
Gailboord’s residence.
31. On or about June 8, 2015, FPIC received a third and fourth $1,000 draft from
RESTORATION XPERTS for partial reimbursement for the incomplete repairs to Todd
Gailboord’s residence.
32. On or about July 30, 2015, FPIC received a fifth $1,000 draft from
RESTORATION XPERTS for partial reimbursement for the incomplete repairs to Todd
Gailboord’s residence.
FPIy. Restoration Xperts, Inc.
Complaint for Damages
Page 5 of 9
33. As of the date of this lawsuit, FPIC has not been fully reimbursed for the incomplete
repairs to Todd Gailboord’s residence.
34, All conditions precedent to the filing of this action have been performed, waived,
excused, or otherwise satisfied.
COUNT I— BREACH OF WRITTEN CONTRACT
35. FPIC re-alleges paragraphs 1-34 as if fully set forth herein.
36. RESTORATION XPERTS entered into an “Agreement to Provide Services”
(hereinafter “Agreement”) with Crawford that directly and intentionally benefited FPIC. Said
Agreement is not in FPIC’s possession, but is in the possession of Crawford and RESTORATION
XPERTS, and will be obtained by FPIC during discovery. The Agreement is in the possession of
RESTORATION XPERTS.
37. As the entity that was to be paying for RESTORATION XPERTS’ services, FPIC
was a foreseeable third party beneficiary to the Agreement RESTORATION XPERTS entered into
with Crawford.
38. The language in said Agreement intended to primarily and directly benefit FPIC.
39. As part of said Agreement, RESTORATION XPERTS ensured that all of its work
would be completed in full under the terms of the Agreement.
40. RESTORATION XPERTS failed to fully complete the repairs to Todd Gailboord’s
residence.
41. RESTORATION XPERTS failure to fully complete the repairs to Todd
Gailboord’s residence breached the terms of the Agreement.
FPIy. Restoration Xperts, Inc.
Complaint for Damages
Page 6 of 9
42. As a direct and proximate result of the incomplete construction work of
RESTORATION XPERTS, FPIC was forced to pay another contractor to complete repair to Todd
Gailboord’s residence, and has incurred additional incidental damages and costs.
43. FPIC has been damaged by RESTORATION XPERTS breach of the Agreement.
44, Also as a result of RESTORATION XPERTS’s breach, FPIC has had to hire the
undersigned attorneys and as such said attorneys will petition the Court for an award of fees and
costs under the terms of the Agreement, if and when FPIC prevails herein.
WHEREFORE, FPIC prays that this Court award damages, pre-judgment and post-judgment
interest, attorney’s fees, costs, and for such further relief as this Court deems just and proper from
RESTORATION XPERTS, with interest at the applicable rate.
COUNT II - BREACH OF ORAL CONTRACT
45. FPIC re-alleges paragraphs 1-34, as if fully set forth herein.
46. FPIC offered $6,889.05 to RESTORATION XPERTS to make specific repairs to
Todd Gailboord’s residence.
47. RESTORATION XPERTS accepted FPIC’s payment of $6,889.05 to make
specific repairs to Todd Gailboord’s residence, as determined by the agreement of FPIC and
RESTORATION XPERTS.
48. In consideration for the payment of $6,889.05 from FPIC, RESTORATION
XPERTS agreed to complete the specific repairs to Todd Gailboord’s residence.
49, FPIC and RESTORATION XPERTS mutually assented certain terms for their
agreement.
50. RESTORATION XPERTS failed to fully complete its repairs to Todd Gailboord’s
residence.
FPIy. Restoration Xperts, Inc.
Complaint for Damages
Page 7 of 9
51. RESTORATION XPERTS breached its oral contract with FPIC.
52. As a direct and proximate result of the incomplete construction work of
RESTORATION XPERTS, FPIC was forced to pay another contractor to complete repair to Todd
Gailboord’s residence, and has incurred additional incidental damages and costs.
53. FPIC has been damaged by RESTORATION XPERTS breach of the oral contract
with FPIC.
54. Also as a result of RESTORATION XPERTS’s breach, FPIC has had to hire the
undersigned attorneys and as such said attorneys will petition the Court for an award of fees and
costs under the terms of the Agreement, if and when FPIC prevails herein.
WHEREFORE, FPIC prays that this Court award damages, pre-judgment and post-judgment
interest, attorney’s fees, costs, and for such further relief as this Court deems just and proper from
RESTORATION XPERTS, with interest at the applicable rate.
COUNT III - UNJUST ENRICHMENT
55. FPIC re-alleges paragraphs 1-34, as if fully set forth herein.
56. FPIC conferred a benefit of $6,889.05 on RESTORATION XPERTS to make
specific repairs to Todd Gailboord’s residence.
57. RESTORATION XPERTS has knowledge that FPIC conferred a benefit of
$6,889.05 on RESTORATION XPERTS to make specific repairs to Todd Gailboord’s residence.
58. RESTORATION XPERTS voluntarily accepted and retained the benefit of
$6,889.05 conferred to it by FPIC for RESTORATION XPERTS to make specific repairs to Todd
Gailboord’s residence.
59. RESTORATION XPERTS failed to complete its repairs to Todd Gailboord’s
residence.
FPIy. Restoration Xperts, Inc.
Complaint for Damages
Page 8 of 9
60. RESTORATION XPERTS is still in possession of FPIC’s of $1,889.05 out of the
$6,889.05 benefit conferred to it by FPIC although it failed to complete its repairs to Todd
Gailboord’s residence.
6l. The circumstances are such that it would be inequitable for RESTORATION
XPERTS to retain the benefit without paying the value thereof to the FPIC.
62. Also as a result of RESTORATION XPERTS’s unjust enrichment, FPIC has had
to hire the undersigned attorneys and as such said attorneys will petition the Court for an award of
fees and costs under the terms of the Agreement, if and when FPIC prevails herein.
WHEREFORE, FPIC prays that this Court award damages, pre-judgment and_post-
judgment interest, attorney’s fees, costs, and for such further relief as this Court deems just and
proper from BRC RESTORATION SPECIALISTS, with interest at the applicable rate.
COUNT IV- BREACH OF IMPLIED WARRANTY
63. FPIC hereby adopt, reallege and reaffirm each and every allegation contained in
Paragraphs 1-34 of this Complaint as though fully alleged herein and further alleges:
64. RESTORATION XPERTS had a duty to complete work on the residence in full.
65. There was an implied warranty that RESTORATION XPERTS would repair the
residence in conformity with the plans and specifications as agreed by FPIC and RESTORATION
XPERTS.
66. There was an implied warranty that RESTORATION XPERTS would have
completed the repairs to the residence in full.
67. RESTORATION XPERTS failed to fully complete the repairs in conformity with
the plans and specifications as agreed by FPIC and RESTORATION XPERTS.
68. RESTORATION XPERTS failed to complete the repairs to the residence in full.
FPIy. Restoration Xperts, Inc.
Complaint for Damages
Page 9 of 9
69. FPIC has been harmed by RESTORATION XPERTS failure to perform the repairs
in conformity with the plans and specifications.
70. FPIC has been harmed by RESTORATION XPERTS failure to fully complete the
repairs to the residence.
71. Also as a result of RESTORATION XPERTS’s breach, FPIC has had to hire the
undersigned attorneys and as such said attorneys will petition the Court for an award of fees and
costs under the terms of the Agreement, if and when FPIC prevails herein.
WHEREFORE, FPIC prays that this Court award damages, pre-judgment and post-
judgment interest, attorney’s fees, costs, and for such further relief as this Court deems just and
proper from RESTORATION XPERTS, with interest at the applicable rate.
DEMAND FOR JURY TRIAL
72. Plaintiff demands a trial by jury of all issues so triable by a jury as a matter of law
and right.
Dated this 17" day of December, 2015.
Respectfully submitted,
KELLEY KRONENBERG
Counsel for Defendant
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
Preview
Case Number: COCE-15-026983 Division: 54 Filing # 35687885 E-Filed 12/17/2015 04:32:30 PM IN THE COUNTY COURT OF THE 177 JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: FLORIDA PENINSULA INSURANCE COMPANY, Plaintiff, VS. RESTORATION XPERTS, INC. Defendant. COMPLAINT The Defendant, Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY (“FPIC”), sues Defendant, RESTORATION XPERTS, INC., a Florida corporation, for damages and in support thereof, sets forth the following: SUMMARY OF FACTS 1 This is an action for damages within the jurisdiction of this Court, which does not exceed $15,000.00, exclusive of Court costs, interest and attorney’s fees. 2 Plaintiff, FPIC, is a company authorized to transact business in the State of Florida. 3 FPIC provided homeowner’s insurance to insured, Todd Gailboord. 4 The property, owned by Todd Gailboord, and insured by FPIC, is located at 2558 Garden Court, Hollywood, FL 33026 (the “residence”). *** FILED: BROWARD COUNTY. FL HOWARD FORMAN, CLERK 12/17/2015 4:32:28 PM.**** FPIy. Restoration Xperts, Inc. Complaint for Damages Page 2 of 9 5 On October 26, 2013, Todd Gailboord’s residence sustained water damage, which was caused by a plumbing leak. 6. Todd Gailboord made a claim (claim number “FPI040492-00”) under their insurance policy, FPH1119890-01 (the “Policy”) for covered damages. 7 Certain damages to Todd Gailboord’s property were covered by the effective Policy between FPIC and Todd Gailboord. 8 In order to repair the covered damages to Todd Gailboord’s residence, FPIC utilized the services of Crawford Contractor Connection (“Crawford”), to refer the services of a vetted, qualified and licensed contractor. 9 Crawford matched and referred FPIC with a vetted, qualified and licensed contractor to manage and carry out the repairs to Todd Gailboord’s residence. 10. Crawford referred and matched FPIC with the services of RESTORATION XPERTS to perform the agreed repairs to Todd Gailboord’s residence. 11. RESTORATION XPERTS entered into an “Agreement to Provide Services” (hereinafter “Agreement”) with Crawford that directly and intentionally benefited FPIC. Said Agreement is not in FPIC’s possession, but is in the possession of Crawford and RESTORATION XPERTS, and will be obtained by FPIC during discovery. The Agreement is in the possession of RESTORATION XPERTS. 12. As the entity that was to be paying for RESTORATION XPERTS:’ services, FPIC was a foreseeable third party beneficiary to the Agreement RESTORATION XPERTS entered into with Crawford. 13. RESTORATION XPERTS is a Florida for-Profit Corporation, and at all times material hereto was doing business in the State of Florida. FPIy. Restoration Xperts, Inc. Complaint for Damages Page 3 of 9 14. RESTORATION XPERTS is authorized to transact business in the state of Florida. 15 RESTORATION XPERTS is authorized to transact business in Broward County. 16. Venue is proper in Broward County, Florida. 17 RESTORATION XPERTS charged FPIC $6,889.05 for the work it performed at Todd Gailboord’s residence. 18. FPIC paid RESTORATION XPERTS directly for its services, in the amount of $6,889.05, for the commencement of the specified repair work at Todd Gailboord’s residence. 19. RESTORATION XPERTS accepted payment by FPIC for its services, in the amount of $6,889.05 to commence the specified repair work at Todd Gailboord’s residence. 20. RESTORATION XPERTS had a duty to complete repairs to Todd Gailboord’s residence in full. 21. RESTORATION XPERTS did not fully complete its repair work at Todd Gailboord’s residence. 22. After having the opportunity to examine the work provided by RESTORATION XPERTS to his residence, Todd Gailboord discovered RESTORATION XPERTS failed to complete repairs to Todd Gailboord’s residence. 23. After having been informed of the incomplete construction work of RESTORATION XPERTS, FPIC discovered RESTORATION XPERTS’s failure to complete repairs to Todd Gailboord’s residence. 24, At that time, FPIC found that the repair work done by RESTORATION XPERTS had not been fully completed under the terms of the Agreement. FPIy. Restoration Xperts, Inc. Complaint for Damages Page 4 of 9 25. As a direct and proximate result of the incomplete construction work of RESTORATION XPERTS, FPIC was forced to pay another contractor to complete repair to Todd Gailboord’s residence, and has incurred additional incidental damages and costs. 26. RESTORATION XPERTS were notified of the incomplete repairs to Todd Gailboord’s residence and demanded reimbursement of the amount paid by FPIC. 27. On February 6, 2015, FPIC made its third request for payment in the amount of $6,889.05 from RESTORATION XPERTS for the incomplete repairs to Todd Gailboord’s residence. 28. On April 10, 2015, FPIC made its fourth request for payment in the amount of $6,889.05 from RESTORATION XPERTS for the incomplete repairs to Todd Gailboord’s residence. 29. On or about April 29, 2015, FPIC received $1,000 draft from RESTORATION XPERTS for partial reimbursement for the incomplete repairs to Todd Gailboord’s residence. 30. On or about May 12, 2015, FPIC received a second $1,000 draft from RESTORATION XPERTS for partial reimbursement for the incomplete repairs to Todd Gailboord’s residence. 31. On or about June 8, 2015, FPIC received a third and fourth $1,000 draft from RESTORATION XPERTS for partial reimbursement for the incomplete repairs to Todd Gailboord’s residence. 32. On or about July 30, 2015, FPIC received a fifth $1,000 draft from RESTORATION XPERTS for partial reimbursement for the incomplete repairs to Todd Gailboord’s residence. FPIy. Restoration Xperts, Inc. Complaint for Damages Page 5 of 9 33. As of the date of this lawsuit, FPIC has not been fully reimbursed for the incomplete repairs to Todd Gailboord’s residence. 34, All conditions precedent to the filing of this action have been performed, waived, excused, or otherwise satisfied. COUNT I— BREACH OF WRITTEN CONTRACT 35. FPIC re-alleges paragraphs 1-34 as if fully set forth herein. 36. RESTORATION XPERTS entered into an “Agreement to Provide Services” (hereinafter “Agreement”) with Crawford that directly and intentionally benefited FPIC. Said Agreement is not in FPIC’s possession, but is in the possession of Crawford and RESTORATION XPERTS, and will be obtained by FPIC during discovery. The Agreement is in the possession of RESTORATION XPERTS. 37. As the entity that was to be paying for RESTORATION XPERTS’ services, FPIC was a foreseeable third party beneficiary to the Agreement RESTORATION XPERTS entered into with Crawford. 38. The language in said Agreement intended to primarily and directly benefit FPIC. 39. As part of said Agreement, RESTORATION XPERTS ensured that all of its work would be completed in full under the terms of the Agreement. 40. RESTORATION XPERTS failed to fully complete the repairs to Todd Gailboord’s residence. 41. RESTORATION XPERTS failure to fully complete the repairs to Todd Gailboord’s residence breached the terms of the Agreement. FPIy. Restoration Xperts, Inc. Complaint for Damages Page 6 of 9 42. As a direct and proximate result of the incomplete construction work of RESTORATION XPERTS, FPIC was forced to pay another contractor to complete repair to Todd Gailboord’s residence, and has incurred additional incidental damages and costs. 43. FPIC has been damaged by RESTORATION XPERTS breach of the Agreement. 44, Also as a result of RESTORATION XPERTS’s breach, FPIC has had to hire the undersigned attorneys and as such said attorneys will petition the Court for an award of fees and costs under the terms of the Agreement, if and when FPIC prevails herein. WHEREFORE, FPIC prays that this Court award damages, pre-judgment and post-judgment interest, attorney’s fees, costs, and for such further relief as this Court deems just and proper from RESTORATION XPERTS, with interest at the applicable rate. COUNT II - BREACH OF ORAL CONTRACT 45. FPIC re-alleges paragraphs 1-34, as if fully set forth herein. 46. FPIC offered $6,889.05 to RESTORATION XPERTS to make specific repairs to Todd Gailboord’s residence. 47. RESTORATION XPERTS accepted FPIC’s payment of $6,889.05 to make specific repairs to Todd Gailboord’s residence, as determined by the agreement of FPIC and RESTORATION XPERTS. 48. In consideration for the payment of $6,889.05 from FPIC, RESTORATION XPERTS agreed to complete the specific repairs to Todd Gailboord’s residence. 49, FPIC and RESTORATION XPERTS mutually assented certain terms for their agreement. 50. RESTORATION XPERTS failed to fully complete its repairs to Todd Gailboord’s residence. FPIy. Restoration Xperts, Inc. Complaint for Damages Page 7 of 9 51. RESTORATION XPERTS breached its oral contract with FPIC. 52. As a direct and proximate result of the incomplete construction work of RESTORATION XPERTS, FPIC was forced to pay another contractor to complete repair to Todd Gailboord’s residence, and has incurred additional incidental damages and costs. 53. FPIC has been damaged by RESTORATION XPERTS breach of the oral contract with FPIC. 54. Also as a result of RESTORATION XPERTS’s breach, FPIC has had to hire the undersigned attorneys and as such said attorneys will petition the Court for an award of fees and costs under the terms of the Agreement, if and when FPIC prevails herein. WHEREFORE, FPIC prays that this Court award damages, pre-judgment and post-judgment interest, attorney’s fees, costs, and for such further relief as this Court deems just and proper from RESTORATION XPERTS, with interest at the applicable rate. COUNT III - UNJUST ENRICHMENT 55. FPIC re-alleges paragraphs 1-34, as if fully set forth herein. 56. FPIC conferred a benefit of $6,889.05 on RESTORATION XPERTS to make specific repairs to Todd Gailboord’s residence. 57. RESTORATION XPERTS has knowledge that FPIC conferred a benefit of $6,889.05 on RESTORATION XPERTS to make specific repairs to Todd Gailboord’s residence. 58. RESTORATION XPERTS voluntarily accepted and retained the benefit of $6,889.05 conferred to it by FPIC for RESTORATION XPERTS to make specific repairs to Todd Gailboord’s residence. 59. RESTORATION XPERTS failed to complete its repairs to Todd Gailboord’s residence. FPIy. Restoration Xperts, Inc. Complaint for Damages Page 8 of 9 60. RESTORATION XPERTS is still in possession of FPIC’s of $1,889.05 out of the $6,889.05 benefit conferred to it by FPIC although it failed to complete its repairs to Todd Gailboord’s residence. 6l. The circumstances are such that it would be inequitable for RESTORATION XPERTS to retain the benefit without paying the value thereof to the FPIC. 62. Also as a result of RESTORATION XPERTS’s unjust enrichment, FPIC has had to hire the undersigned attorneys and as such said attorneys will petition the Court for an award of fees and costs under the terms of the Agreement, if and when FPIC prevails herein. WHEREFORE, FPIC prays that this Court award damages, pre-judgment and_post- judgment interest, attorney’s fees, costs, and for such further relief as this Court deems just and proper from BRC RESTORATION SPECIALISTS, with interest at the applicable rate. COUNT IV- BREACH OF IMPLIED WARRANTY 63. FPIC hereby adopt, reallege and reaffirm each and every allegation contained in Paragraphs 1-34 of this Complaint as though fully alleged herein and further alleges: 64. RESTORATION XPERTS had a duty to complete work on the residence in full. 65. There was an implied warranty that RESTORATION XPERTS would repair the residence in conformity with the plans and specifications as agreed by FPIC and RESTORATION XPERTS. 66. There was an implied warranty that RESTORATION XPERTS would have completed the repairs to the residence in full. 67. RESTORATION XPERTS failed to fully complete the repairs in conformity with the plans and specifications as agreed by FPIC and RESTORATION XPERTS. 68. RESTORATION XPERTS failed to complete the repairs to the residence in full. FPIy. Restoration Xperts, Inc. Complaint for Damages Page 9 of 9 69. FPIC has been harmed by RESTORATION XPERTS failure to perform the repairs in conformity with the plans and specifications. 70. FPIC has been harmed by RESTORATION XPERTS failure to fully complete the repairs to the residence. 71. Also as a result of RESTORATION XPERTS’s breach, FPIC has had to hire the undersigned attorneys and as such said attorneys will petition the Court for an award of fees and costs under the terms of the Agreement, if and when FPIC prevails herein. WHEREFORE, FPIC prays that this Court award damages, pre-judgment and post- judgment interest, attorney’s fees, costs, and for such further relief as this Court deems just and proper from RESTORATION XPERTS, with interest at the applicable rate. DEMAND FOR JURY TRIAL 72. Plaintiff demands a trial by jury of all issues so triable by a jury as a matter of law and right. Dated this 17" day of December, 2015. Respectfully submitted, KELLEY KRONENBERG Counsel for Defendant 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