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Filing # 68425687 E-Filed 02/26/2018 08:50:11 AM
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: 18 362 COCE 49
BLUE STAR RESTORATION, INC.,
a Florida Corporation
(assignee of Pulliam, Roberta)
v.
Plaintiff,
LIBERTY MUTUAL FIRE INSURANCE
COMPANY,
Defendant.
Tee ee eee eee ee EEE
AMENDED COMPLAINT FOR BREACH OF CONTRACT
COMES NOW, Plaintiff, Blue Star Restoration, Inc. A/AO PULLIAM, ROBERTA by
Nv
and through undersigned counsel, files this Amended Complaint for Breach of
Contract and in support thereof states:
This is an action for Breach of Contract involving Damages which do not exceed
$15,000.00, exclusive of attorney’s fees and costs wherefore this Court has
subject matter jurisdiction over this matter.
Plaintiff is a corporation licensed to do business in the State of Florida and
conducts regular business activities in BROWARD County, Florida.
Defendant is a corporation licensed to do business in the State of Florida and
conducts regular business activities in BROWARD County, Florida.
Venue is proper in this action as the amount owed which forms the underlying
factual basis of this action is due in BROWARD County, Florida.
At all times material hereto, the Defendant provided insurance coverage to the
Assignor’s property located 7061 Cardinalwood Dr; Orlando, FL 32818
(hereinafter referred to as “subject property’)
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/26/2018 8:50:10 AM.****10.
ll.
12.
13.
14.
The insurance coverage provided by the Defendant to subject property afforded
various types of coverages including coverage for damage due to water loss.
Plaintiff is not in possession of said policy of insurance, but Defendant has
complete access to said policy.
On or about 9/16/2017, the subject property was damaged as a result of water
loss.
Plaintiff and/or Assignor have furnished Defendant with timely notice of the loss,
proof of claim and have otherwise performed all conditions precedent to recover
under the policy and under the applicable Florida Statutes, but the Defendant has
refused and continues to refuse to pay either part or all of the Plaintiffs claims.
Upon notice of the covered loss, the Defendant assigned a claim number, to wit:
36205958.
Plaintiff provided mold remediation services to Assignor for the damages caused
by water loss to the subject property.
Assignor equitably assigned to Plaintiff and/or executed a written assignment of
benefits, assigning to Plaintiff certain benefits payable pursuant to the policy of
insurance issued by Defendant. A copy of said assignment is attached as Exhibit
“A”
Pursuant to said Assignment, Plaintiff submitted its bill to Defendant. A copy of
the invoice is attached as Exhibit “B”.
Defendant is in breach of its contract with its insured as it has failed to pay
Plaintiff's claim.15.
16.
17.
Plaintiff has been damaged by Defendant’s breach of said contract by not being
compensated for the repairs to the subject property.
Defendant owes Plaintiff Blue Star Restoration, Inc. for the repairs to the subject
property.
As a direct and proximate result of Defendant’s refusal to pay Plaintiffs claim,
Plaintiff has been required to retain the services of the undersigned attorneys to
represent and protect Plaintiff's interests and Plaintiff has become obliged to pay
them a reasonable fee for their services in bringing this action.
In the event that Plaintiff prevails in this action, Plaintiff is entitled to an award of
attorney’s fees and costs pursuant to Section 627.428, Florida Statutes as well as
interest pursuant to F.S. s. 627.70131.
WHEREFORE, Plaintiff demands judgment against the Defendant for damages
including but not limited to: Reimbursement for its water mitigation services provided to the
subject property; interest as allowed by law; reasonable attorney’s fees and costs pursuant to
Section 627.428 and 57.041, Florida Statutes; trial by jury of all issues triable as a matter of right
by jury; any other relief this Court deems just and appropriate.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing document has been furnished to Michael L.
Lanhardt, Esq.,
Ipleadings@traublieberman.com by email on February 26, 2018.
Respectfully Submitted,
FLORIDA ADVOCATES
Attorneys for Plaintiff
45 Hast Sheridan Street
Dania Beach, Florida 33004
Ph: (754) 263-4252
Designated: eservice@ fladvocates.c
By: ___/s/ Russel Lazega
Florida Bar No.: 091588As of September 1, 2012, and for the purposes set forth in
Rule 2.516, Fla. R. Jud. Admin., the Plaintiff's designated
email address is: eservice@fladvocates.comEXHIBIT “A”BLUESTXXR
restoration
SERVICE AUTHORIZATION CONTRACT
CLIENT INFORMATION
Name: Pulliam, Roberta
Address: 7061 Cardinalwood Dr, Orlando, FL 32818
Phone Number: Home - 407-401-1900; Mobile - ; Other -
Email:
INSURANCE CLAIM INFORMATION
Insurance Company: Liberty Mutual
Date of Loss:
Type of Loss: Water
Claim No: 036205958
Policy No: H32-251-005367-50
BLUESTAR RESTORATION, INC. and CLIENT named above agree as follows:
1. BLUESTAR RESTORATION, INC. shall provide services at the above described property address. The purpose of these services
includes, but is not limited to, mitigation of damages to the property and contents therein, protection of the health, safety and well-being of
residents, as well as aesthetic and general cleanliness purposes and to restore the property to its prior condition. Client authorizes removal
of any contents which may need to be restored at a remote location. Client shall provide access to the property to BLUESTAR
RESTORATION, INC. for the above services to be performed.
2. BLUESTAR RESTORATION, INC. shall provide a detailed invoice for services to be submitted to Client's insurance company based
upon the Standard Price List contained herein.
3. Client agrees to cooperate with BLUESTAR RESTORATION, INC. to ensure that payments are made by any insurance carrier
immediately upon completion of work. Client understands that BLUESTAR RESTORATION, INC. is working for Client and not Client's
insurance company, and that Client is ultimately responsible for payment for any services provided, including the payment of any applicable
insurance deductible.
4. Request to Exceed Cap. Client understands that Client's insurance policy may contain an arbitrary cap on services which requires
additional approval. Should such a cap be contained in Client's policy, this document hereby operates as a direct request to Client's
insurance company for approval to exceed such cap upon submission of this document.
5. Direction to Pay. Client hereby demands and authorizes any applicable insurance carrier(s) to pay BLUESTAR RESTORATION, INC.
solely and directly for the services provided, without the need to include Client or any co-insured as a payee.
6. Assignment of Insurance Claim Benefits. Client hereby assigns to BLUESTAR RESTORATION, INC. any and all insurance rights,
benefits, and proceeds which pertain to services rendered in relation to the above loss, under any applicable policy of insurance. This
assignment of rights, benefits and proceeds is limited to the amount of BLUESTAR RESTORATION, INC.’s invoice for services rendered in
relation to the above claim and the right and ability to collect same directly from my insurer, including the right to file suit and to seek
attorney's fees and court costs. Toward that end, Client waves any homestead exemption which might be applicable to such insurance
funds. Any and all other insurance rights, benefits, and proceeds shall continue to belong to the Client.
7. Consent to Communicate. Client hereby directs my insurance carrier(s) and mortgage company to communicate directly with
BLUESTAR RESTORATION, INC. and release any and all information requested by it, its representative, and/or its attorney for the direct
purpose of obtaining actual benefits to be paid for services rendered or to be rendered. In this regard Client waives my privacy rights.
Should no claim yet exist, Client agrees and authorizes that submission of this document shall operate as a first notice of a claim
to Client’s insurance company on Client’s behalf.
Client Initials:
BLUESTAR RESTORATION, INC. - 304 Indian Trace #916, Weston, FL 33326 - 954-338-1111FURTHERMORE | HEREBY INSTRUCT MY MORTGAGE COMPANY TO IMMEDIATELY RELEASE ANY AND ALL FUNDS FOR WORK
PROVIDED BY BLUE STAR RESTORATION UPON DEMAND. AS SUCH MY MORTGAGE COMPANY IS HEREBY ON NOTICE THAT
THE UNTIMELY RELEASE OF INSURANCE PROCEEDS FOR WORK PROVIDED BY EMERGENCY SERVICES AND
RECONSTRUCTION MAY RESULT IN FURTHER LEGAL PROCEEDINGS AGAINST THE MORTGAGE COMPANY FOR LOST
INTEREST AND UNJUST ENRICHMENT.
8. Limited Power of Attorney. Client hereby appoints BLUESTAR RESTORATION, INC. as Client's attorney in fact to endorse and
deposit any payments made by any source for services rendered by BLUESTAR RESTORATION, INC. which may include Client's name
as a co-payee,
9. Limit of Liability. Client agrees that BLUESTAR RESTORATION, INC.’s liability shall be expressly limited to the total amount of
services authorized herein and that it shall not be liable for consequential damages of any kind. In the event of installation of a roof tarp,
BLUESTAR RESTORATION, INC. is not liable for broken tiles, nail holes or other damages, and that after the installation the tarp and any
materials are the responsibility of Client to maintain. Additionally, in the event that baseboard removal is necessary, if the tiles have been
laid to the baseboards, rather than beneath them, BLUESTAR RESTORATION, INC. shall not be liable for any tile which breaks during
removal.
10. Payment Terms. All fees, costs and charges reflected on an Invoice shall be due within fifteen (15) days after the date of the Invoice.
For any outstanding balance not paid in full within thirty (30) days from the date of the Invoice, interest shall accrue on the unpaid balance
at the rate of 1.5% per month (18% per annum) from the date of default.
11. Dispute Between the Parties. The Parties hereby agree that if there is any dispute between them, jurisdiction for such action will lie in
Broward County, Florida. Additionally, if BLUESTAR RESTORATION, INC. must bring legal action to recover any amount it is owed, it shall
be entitled to recover the cost of collection, including all attorney's fees and court costs.
12. Standard Price List. Client understands that all work performed shall be priced at Time and Materials for water, fire, mold and
biohazard related services. Client understands that the services listed below shall be performed based on the charges stated, and that
additional services not listed below which are necessary shall be subject to reasonable charges.
Service Call - $285 Eqmt Filter - up to $183.67
Moisture inspection - $145 Eqmt sanitizing charge - $46.03/ea
General Cleanup - $195 Clean Floor - $0.39/sf
Haul debris & dump fees - $150. Eqmt Setup - $122/hr (2 hr min.)
HVAC Decontamination - $595 Water extraction from floor and/or cleanup - $48.92/hr
Water Extraction - $0.59/sf Eqmt take down/monitoring (total hrs, 2 techs) - $94.50
Deodorize Room - $0.05/CF Equipment Removal - 2 hr min. - $122/hr
HEPA Vacuuming - $0.45/SF Roof Tarp installation and materials — Up to $7.50/SF
Air mover - $44/day (4 day min.) Drywall, baseboard removal/Scrapping - $87.89/hr
Initial Moisture Inspection - $145 Complete Thermal Imaging Inspection - $350
Apply anti-microbial agent - $0.39/sf HEPA Air scrubber - $120.21/day (4 day min.)
Equipment Setup - $122/hr (2 hr min.) Wall cavity drying-dctd type $86.78/day - (4 day min.)
Dehumidifier — Up to $145/day (4 day min.) Spider Box / Electrical Box- $43.89/day (4 day min.)
Advanced Leak Detection - $450
13. Mold Remediation. | (we) understand that mold remediation will be initiated during the dry-out process by BSR and BSR is entitled to
finish the job. If | (we) decide not to do the job and/or use another company, BSR shall be compensated 25% of the total mold remediation
payment.
14. Other. | (we) agree that under no circumstance shall BSR be liable if roof shingles or tiles are broken during a roof tarp installation. If a
roof tarp is removed by acts of nature, BSR will not be liable if water intrudes to property. BSR shall not be liable if water intrudes to
property after roof tarp is installed. | (we) give authority to BLUESTAR RESTORATION, INC. to endorse any checks with (my/our) name
listed in the check.
15. Severability. If any provision of this agreement is found to be invalid or unenforceable, that shall not affect the validity or enforceability
of the remaining provisions of this agreement.
( Hila (\ Cae 9/23/2017 9/23/2017
Client or Authorized Rep 1 Date Client or Authorized Rep 2 Date
BLUESTAR RESTORATION, INC. - 304 Indian Trace #916, Weston, FL 33326 - 954-338-1111EXHIBIT “B”= BLUE STAR RESTORATION, INC
BLUESTX 304 Indian Trace #916
testacsion Weston, FL 33326 Phone (954) 338-1111
info@bluestar911.com Fax (954) 414-9355
Insured: Pulliam, Roberta
Property: 7061 Cardinalwood Dr
Orlando, FL 32818
Estimator: Blue Star Restoration, Inc. Business: (954) 338-1111
Business: 304 Indian Trace #916 Email: | accounting@bluestar911.com
Weston, FL 33326
Type of Loss:
Water Damage |
Date of Loss: 16-Sep-17 Date Received: 10/13/2017
Date Inspected: 13-Oct-17 Date Entered: 10/13/2017
Job Number: 17-1683-W-ORL Claim Number: 36205958
The scope of damages noted herein is based on a visual inspection, any and all hidden damages will be addressed in the future upon
disclosure.
Any errors or omissions will be corrected as soon as we are made aware of them. Any errors or omissions does not constitute
any misrepresentation on the part of the estimator or the insured, it is only an error that will be corrected as soon as possible.
Nothing herein constitutes, nor should it be constituted as a waiver of any of the rights of our client under their policy of
insurance, specifically they are reserving all the rights under their policy of insurance.
The work outlined in the following pages should be performed in accordance with all the standards set forth by the South Florida
Building Code.
This is a repair estimate. The insurance policy may contain provisions that will reduce any payment that might be made, receipt
of a copy of this estimate is not to be interpreted as an acceptance of liability.
A copy of this document does not constitute a settlement of this claim. All estimate figures are subject to policy conditions and
Insurance Company approval.
This estimate may contain duplicate/overlapping items from other estimates for adjacent damages not related to this loss.
Florida 817.234(1)(b) Any person who, knowingly and with intent to injure, defraud, or deceive any insurer files a statement of
claim or an application containing any false, incomplete, or misleading information is guilty of a felony in the third degree.General
DESCRIPTION QNTY UNIT COST TOTAL
Emergency Service Call - during business hours 100EA @ 173.38 173.38
Travel - 2 hr minimum 2.00 EA @ 85.00 170.00
Cleaning & Remediation - Supervisory - per hr 2 hrs 1 = men 2.00 HR @ 55.37 110.74
Water Extraction & Remediation Technician 4 hrs 2 men 8.00 HR @ 48.59 388.72
Initial Moisture Inspection 1.00 EA @ 175.00 175.00
Equipment Setup - 2 hr min. 2.00 EA @ 87.46 174.92
Dehumidifier Filter 2.00 EA @ 110.00 220.00
Equipment monitoring hours (total hours, 2 techs) 400HR @ 94.50 378.00
Equipment Removal - 2 hr min. 2.00 HR @ 122.00 244.00
General Cleanup 1.00 EA @ 195.00 195.00
Administration expenses 1.00 EA @ 135.00 135.00
Equipment sanitizing charge - per piece 4.00 EA @ 46.03 184.12
If client's name and/or mortgage company name is in check
Complete Thermal Imaging Inspection 1.00 EA @ 175.00 175.00
Personal protective gear and eye protection 2.00 EA @ 28.09 56.18
Area name: Lox W x 4H Totals
Area: Family room 23 X 15 X 8 Water Extraction from Floor & Cleanup (LxW)
Area: Playroom 26 X 9g x 8 |Anti-microbial agent floor, walls, ceilings (LxW)+(LxHx2}+(WxHx2)+(LxW)
Area: Xx x IDeodorize Room (L x W x H)
Area: x x HEPA Vacuuming - floor, walls, ceilings (LxW)+(LxHx2)+(WxHx2)+(LxW)
Area: XxX x Clean Floor (Lx W)
Area: Xx Xx
Area: Family room LxWxH 23 X 15 X 8
DESCRIPTION QNTY UNIT COST TOTAL
Contents - Move then reset 1.00 EA @ 42.14 42.14
Apply plant-based anti-microbial agent floor, walls, ceilings 1298.00 SF @ 0.20 259.60
Deodorize Room 2760.00 CF @ 0.08 220.80
Clean Floor 345.00 SF @ 0.26 89.70
Air mover 1 each for 4 days 4.00 EA @ 38.87 155.48
Dehumidifier LG 1 each for 4 days 4.00 EA @ 94.67 378.68
Drieaz 1200 (Rated at 64 Pints per Day at AHAM)
Area: Playroom LxWxH 26 X 9 X 8
DESCRIPTION QNTY UNITCOST TOTAL
Contents - Move then reset 1.00 EA @ 42.14 42.14
Apply plant-based anti-microbial agent floor, walls, ceilings 1028.00 SF @ 0.20 205.60
Deodorize Room 1872.00 CF @ 0.08 149.76
Clean Floor 234.00 SF @ 0.26 60.84
Air mover 1 each for 4 days 4.00 EA @ 38.87 155.48
Dehumidifier LG 1 each for 4 days 4.00 EA @ 94.67 378.68
Drieaz 1200 (Rated at 64 Pints per Day at AHAM)Coverage Amount % Grant Total %
Dwelling 5,418.96 100.00% $ 5,418.96 100%
Other Structures 0.00% 0.00% 0.00% 0.00%
Contents 0.00% 0.00% 0.00% 0.00%
Total 5,418.96 100.00% $ 5,418.96 100%
Summary for Dwelling
Line Item Total 5,418.96
Subtotal 5,418.96
Overhead @ 10.00%
Profit @ 10.00%
Replacement Cost Value $ 5,418.96
Net Claim $ 5,418.96
Preview
Filing # 68425687 E-Filed 02/26/2018 08:50:11 AM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 18 362 COCE 49 BLUE STAR RESTORATION, INC., a Florida Corporation (assignee of Pulliam, Roberta) v. Plaintiff, LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant. Tee ee eee eee ee EEE AMENDED COMPLAINT FOR BREACH OF CONTRACT COMES NOW, Plaintiff, Blue Star Restoration, Inc. A/AO PULLIAM, ROBERTA by Nv and through undersigned counsel, files this Amended Complaint for Breach of Contract and in support thereof states: This is an action for Breach of Contract involving Damages which do not exceed $15,000.00, exclusive of attorney’s fees and costs wherefore this Court has subject matter jurisdiction over this matter. Plaintiff is a corporation licensed to do business in the State of Florida and conducts regular business activities in BROWARD County, Florida. Defendant is a corporation licensed to do business in the State of Florida and conducts regular business activities in BROWARD County, Florida. Venue is proper in this action as the amount owed which forms the underlying factual basis of this action is due in BROWARD County, Florida. At all times material hereto, the Defendant provided insurance coverage to the Assignor’s property located 7061 Cardinalwood Dr; Orlando, FL 32818 (hereinafter referred to as “subject property’) *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/26/2018 8:50:10 AM.****10. ll. 12. 13. 14. The insurance coverage provided by the Defendant to subject property afforded various types of coverages including coverage for damage due to water loss. Plaintiff is not in possession of said policy of insurance, but Defendant has complete access to said policy. On or about 9/16/2017, the subject property was damaged as a result of water loss. Plaintiff and/or Assignor have furnished Defendant with timely notice of the loss, proof of claim and have otherwise performed all conditions precedent to recover under the policy and under the applicable Florida Statutes, but the Defendant has refused and continues to refuse to pay either part or all of the Plaintiffs claims. Upon notice of the covered loss, the Defendant assigned a claim number, to wit: 36205958. Plaintiff provided mold remediation services to Assignor for the damages caused by water loss to the subject property. Assignor equitably assigned to Plaintiff and/or executed a written assignment of benefits, assigning to Plaintiff certain benefits payable pursuant to the policy of insurance issued by Defendant. A copy of said assignment is attached as Exhibit “A” Pursuant to said Assignment, Plaintiff submitted its bill to Defendant. A copy of the invoice is attached as Exhibit “B”. Defendant is in breach of its contract with its insured as it has failed to pay Plaintiff's claim.15. 16. 17. Plaintiff has been damaged by Defendant’s breach of said contract by not being compensated for the repairs to the subject property. Defendant owes Plaintiff Blue Star Restoration, Inc. for the repairs to the subject property. As a direct and proximate result of Defendant’s refusal to pay Plaintiffs claim, Plaintiff has been required to retain the services of the undersigned attorneys to represent and protect Plaintiff's interests and Plaintiff has become obliged to pay them a reasonable fee for their services in bringing this action. In the event that Plaintiff prevails in this action, Plaintiff is entitled to an award of attorney’s fees and costs pursuant to Section 627.428, Florida Statutes as well as interest pursuant to F.S. s. 627.70131. WHEREFORE, Plaintiff demands judgment against the Defendant for damages including but not limited to: Reimbursement for its water mitigation services provided to the subject property; interest as allowed by law; reasonable attorney’s fees and costs pursuant to Section 627.428 and 57.041, Florida Statutes; trial by jury of all issues triable as a matter of right by jury; any other relief this Court deems just and appropriate. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document has been furnished to Michael L. Lanhardt, Esq., Ipleadings@traublieberman.com by email on February 26, 2018. Respectfully Submitted, FLORIDA ADVOCATES Attorneys for Plaintiff 45 Hast Sheridan Street Dania Beach, Florida 33004 Ph: (754) 263-4252 Designated: eservice@ fladvocates.c By: ___/s/ Russel Lazega Florida Bar No.: 091588As of September 1, 2012, and for the purposes set forth in Rule 2.516, Fla. R. Jud. Admin., the Plaintiff's designated email address is: eservice@fladvocates.comEXHIBIT “A”BLUESTXXR restoration SERVICE AUTHORIZATION CONTRACT CLIENT INFORMATION Name: Pulliam, Roberta Address: 7061 Cardinalwood Dr, Orlando, FL 32818 Phone Number: Home - 407-401-1900; Mobile - ; Other - Email: INSURANCE CLAIM INFORMATION Insurance Company: Liberty Mutual Date of Loss: Type of Loss: Water Claim No: 036205958 Policy No: H32-251-005367-50 BLUESTAR RESTORATION, INC. and CLIENT named above agree as follows: 1. BLUESTAR RESTORATION, INC. shall provide services at the above described property address. The purpose of these services includes, but is not limited to, mitigation of damages to the property and contents therein, protection of the health, safety and well-being of residents, as well as aesthetic and general cleanliness purposes and to restore the property to its prior condition. Client authorizes removal of any contents which may need to be restored at a remote location. Client shall provide access to the property to BLUESTAR RESTORATION, INC. for the above services to be performed. 2. BLUESTAR RESTORATION, INC. shall provide a detailed invoice for services to be submitted to Client's insurance company based upon the Standard Price List contained herein. 3. Client agrees to cooperate with BLUESTAR RESTORATION, INC. to ensure that payments are made by any insurance carrier immediately upon completion of work. Client understands that BLUESTAR RESTORATION, INC. is working for Client and not Client's insurance company, and that Client is ultimately responsible for payment for any services provided, including the payment of any applicable insurance deductible. 4. Request to Exceed Cap. Client understands that Client's insurance policy may contain an arbitrary cap on services which requires additional approval. Should such a cap be contained in Client's policy, this document hereby operates as a direct request to Client's insurance company for approval to exceed such cap upon submission of this document. 5. Direction to Pay. Client hereby demands and authorizes any applicable insurance carrier(s) to pay BLUESTAR RESTORATION, INC. solely and directly for the services provided, without the need to include Client or any co-insured as a payee. 6. Assignment of Insurance Claim Benefits. Client hereby assigns to BLUESTAR RESTORATION, INC. any and all insurance rights, benefits, and proceeds which pertain to services rendered in relation to the above loss, under any applicable policy of insurance. This assignment of rights, benefits and proceeds is limited to the amount of BLUESTAR RESTORATION, INC.’s invoice for services rendered in relation to the above claim and the right and ability to collect same directly from my insurer, including the right to file suit and to seek attorney's fees and court costs. Toward that end, Client waves any homestead exemption which might be applicable to such insurance funds. Any and all other insurance rights, benefits, and proceeds shall continue to belong to the Client. 7. Consent to Communicate. Client hereby directs my insurance carrier(s) and mortgage company to communicate directly with BLUESTAR RESTORATION, INC. and release any and all information requested by it, its representative, and/or its attorney for the direct purpose of obtaining actual benefits to be paid for services rendered or to be rendered. In this regard Client waives my privacy rights. Should no claim yet exist, Client agrees and authorizes that submission of this document shall operate as a first notice of a claim to Client’s insurance company on Client’s behalf. Client Initials: BLUESTAR RESTORATION, INC. - 304 Indian Trace #916, Weston, FL 33326 - 954-338-1111FURTHERMORE | HEREBY INSTRUCT MY MORTGAGE COMPANY TO IMMEDIATELY RELEASE ANY AND ALL FUNDS FOR WORK PROVIDED BY BLUE STAR RESTORATION UPON DEMAND. AS SUCH MY MORTGAGE COMPANY IS HEREBY ON NOTICE THAT THE UNTIMELY RELEASE OF INSURANCE PROCEEDS FOR WORK PROVIDED BY EMERGENCY SERVICES AND RECONSTRUCTION MAY RESULT IN FURTHER LEGAL PROCEEDINGS AGAINST THE MORTGAGE COMPANY FOR LOST INTEREST AND UNJUST ENRICHMENT. 8. Limited Power of Attorney. Client hereby appoints BLUESTAR RESTORATION, INC. as Client's attorney in fact to endorse and deposit any payments made by any source for services rendered by BLUESTAR RESTORATION, INC. which may include Client's name as a co-payee, 9. Limit of Liability. Client agrees that BLUESTAR RESTORATION, INC.’s liability shall be expressly limited to the total amount of services authorized herein and that it shall not be liable for consequential damages of any kind. In the event of installation of a roof tarp, BLUESTAR RESTORATION, INC. is not liable for broken tiles, nail holes or other damages, and that after the installation the tarp and any materials are the responsibility of Client to maintain. Additionally, in the event that baseboard removal is necessary, if the tiles have been laid to the baseboards, rather than beneath them, BLUESTAR RESTORATION, INC. shall not be liable for any tile which breaks during removal. 10. Payment Terms. All fees, costs and charges reflected on an Invoice shall be due within fifteen (15) days after the date of the Invoice. For any outstanding balance not paid in full within thirty (30) days from the date of the Invoice, interest shall accrue on the unpaid balance at the rate of 1.5% per month (18% per annum) from the date of default. 11. Dispute Between the Parties. The Parties hereby agree that if there is any dispute between them, jurisdiction for such action will lie in Broward County, Florida. Additionally, if BLUESTAR RESTORATION, INC. must bring legal action to recover any amount it is owed, it shall be entitled to recover the cost of collection, including all attorney's fees and court costs. 12. Standard Price List. Client understands that all work performed shall be priced at Time and Materials for water, fire, mold and biohazard related services. Client understands that the services listed below shall be performed based on the charges stated, and that additional services not listed below which are necessary shall be subject to reasonable charges. Service Call - $285 Eqmt Filter - up to $183.67 Moisture inspection - $145 Eqmt sanitizing charge - $46.03/ea General Cleanup - $195 Clean Floor - $0.39/sf Haul debris & dump fees - $150. Eqmt Setup - $122/hr (2 hr min.) HVAC Decontamination - $595 Water extraction from floor and/or cleanup - $48.92/hr Water Extraction - $0.59/sf Eqmt take down/monitoring (total hrs, 2 techs) - $94.50 Deodorize Room - $0.05/CF Equipment Removal - 2 hr min. - $122/hr HEPA Vacuuming - $0.45/SF Roof Tarp installation and materials — Up to $7.50/SF Air mover - $44/day (4 day min.) Drywall, baseboard removal/Scrapping - $87.89/hr Initial Moisture Inspection - $145 Complete Thermal Imaging Inspection - $350 Apply anti-microbial agent - $0.39/sf HEPA Air scrubber - $120.21/day (4 day min.) Equipment Setup - $122/hr (2 hr min.) Wall cavity drying-dctd type $86.78/day - (4 day min.) Dehumidifier — Up to $145/day (4 day min.) Spider Box / Electrical Box- $43.89/day (4 day min.) Advanced Leak Detection - $450 13. Mold Remediation. | (we) understand that mold remediation will be initiated during the dry-out process by BSR and BSR is entitled to finish the job. If | (we) decide not to do the job and/or use another company, BSR shall be compensated 25% of the total mold remediation payment. 14. Other. | (we) agree that under no circumstance shall BSR be liable if roof shingles or tiles are broken during a roof tarp installation. If a roof tarp is removed by acts of nature, BSR will not be liable if water intrudes to property. BSR shall not be liable if water intrudes to property after roof tarp is installed. | (we) give authority to BLUESTAR RESTORATION, INC. to endorse any checks with (my/our) name listed in the check. 15. Severability. If any provision of this agreement is found to be invalid or unenforceable, that shall not affect the validity or enforceability of the remaining provisions of this agreement. ( Hila (\ Cae 9/23/2017 9/23/2017 Client or Authorized Rep 1 Date Client or Authorized Rep 2 Date BLUESTAR RESTORATION, INC. - 304 Indian Trace #916, Weston, FL 33326 - 954-338-1111EXHIBIT “B”= BLUE STAR RESTORATION, INC BLUESTX 304 Indian Trace #916 testacsion Weston, FL 33326 Phone (954) 338-1111 info@bluestar911.com Fax (954) 414-9355 Insured: Pulliam, Roberta Property: 7061 Cardinalwood Dr Orlando, FL 32818 Estimator: Blue Star Restoration, Inc. Business: (954) 338-1111 Business: 304 Indian Trace #916 Email: | accounting@bluestar911.com Weston, FL 33326 Type of Loss: Water Damage | Date of Loss: 16-Sep-17 Date Received: 10/13/2017 Date Inspected: 13-Oct-17 Date Entered: 10/13/2017 Job Number: 17-1683-W-ORL Claim Number: 36205958 The scope of damages noted herein is based on a visual inspection, any and all hidden damages will be addressed in the future upon disclosure. Any errors or omissions will be corrected as soon as we are made aware of them. Any errors or omissions does not constitute any misrepresentation on the part of the estimator or the insured, it is only an error that will be corrected as soon as possible. Nothing herein constitutes, nor should it be constituted as a waiver of any of the rights of our client under their policy of insurance, specifically they are reserving all the rights under their policy of insurance. The work outlined in the following pages should be performed in accordance with all the standards set forth by the South Florida Building Code. This is a repair estimate. The insurance policy may contain provisions that will reduce any payment that might be made, receipt of a copy of this estimate is not to be interpreted as an acceptance of liability. A copy of this document does not constitute a settlement of this claim. All estimate figures are subject to policy conditions and Insurance Company approval. This estimate may contain duplicate/overlapping items from other estimates for adjacent damages not related to this loss. Florida 817.234(1)(b) Any person who, knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony in the third degree.General DESCRIPTION QNTY UNIT COST TOTAL Emergency Service Call - during business hours 100EA @ 173.38 173.38 Travel - 2 hr minimum 2.00 EA @ 85.00 170.00 Cleaning & Remediation - Supervisory - per hr 2 hrs 1 = men 2.00 HR @ 55.37 110.74 Water Extraction & Remediation Technician 4 hrs 2 men 8.00 HR @ 48.59 388.72 Initial Moisture Inspection 1.00 EA @ 175.00 175.00 Equipment Setup - 2 hr min. 2.00 EA @ 87.46 174.92 Dehumidifier Filter 2.00 EA @ 110.00 220.00 Equipment monitoring hours (total hours, 2 techs) 400HR @ 94.50 378.00 Equipment Removal - 2 hr min. 2.00 HR @ 122.00 244.00 General Cleanup 1.00 EA @ 195.00 195.00 Administration expenses 1.00 EA @ 135.00 135.00 Equipment sanitizing charge - per piece 4.00 EA @ 46.03 184.12 If client's name and/or mortgage company name is in check Complete Thermal Imaging Inspection 1.00 EA @ 175.00 175.00 Personal protective gear and eye protection 2.00 EA @ 28.09 56.18 Area name: Lox W x 4H Totals Area: Family room 23 X 15 X 8 Water Extraction from Floor & Cleanup (LxW) Area: Playroom 26 X 9g x 8 |Anti-microbial agent floor, walls, ceilings (LxW)+(LxHx2}+(WxHx2)+(LxW) Area: Xx x IDeodorize Room (L x W x H) Area: x x HEPA Vacuuming - floor, walls, ceilings (LxW)+(LxHx2)+(WxHx2)+(LxW) Area: XxX x Clean Floor (Lx W) Area: Xx Xx Area: Family room LxWxH 23 X 15 X 8 DESCRIPTION QNTY UNIT COST TOTAL Contents - Move then reset 1.00 EA @ 42.14 42.14 Apply plant-based anti-microbial agent floor, walls, ceilings 1298.00 SF @ 0.20 259.60 Deodorize Room 2760.00 CF @ 0.08 220.80 Clean Floor 345.00 SF @ 0.26 89.70 Air mover 1 each for 4 days 4.00 EA @ 38.87 155.48 Dehumidifier LG 1 each for 4 days 4.00 EA @ 94.67 378.68 Drieaz 1200 (Rated at 64 Pints per Day at AHAM) Area: Playroom LxWxH 26 X 9 X 8 DESCRIPTION QNTY UNITCOST TOTAL Contents - Move then reset 1.00 EA @ 42.14 42.14 Apply plant-based anti-microbial agent floor, walls, ceilings 1028.00 SF @ 0.20 205.60 Deodorize Room 1872.00 CF @ 0.08 149.76 Clean Floor 234.00 SF @ 0.26 60.84 Air mover 1 each for 4 days 4.00 EA @ 38.87 155.48 Dehumidifier LG 1 each for 4 days 4.00 EA @ 94.67 378.68 Drieaz 1200 (Rated at 64 Pints per Day at AHAM)Coverage Amount % Grant Total % Dwelling 5,418.96 100.00% $ 5,418.96 100% Other Structures 0.00% 0.00% 0.00% 0.00% Contents 0.00% 0.00% 0.00% 0.00% Total 5,418.96 100.00% $ 5,418.96 100% Summary for Dwelling Line Item Total 5,418.96 Subtotal 5,418.96 Overhead @ 10.00% Profit @ 10.00% Replacement Cost Value $ 5,418.96 Net Claim $ 5,418.96