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COMMONWEALTH OF MASSACHUSETTS
NANTUCKET, ss. SUPERIOR COURT DEPT.
OF THE TRIAL COURT
C.A.NO. {975eV0000Z
JIBO & COMPANY, INC.,
Plaintiff;
VS.
RYAN A. DUDDY and ERICA D.
DUDDY,
FILED
Defendants. JAN 17 2019
NANTUCKET SUPEAIOR COURT CLERK
COMPLAINT
JURISDICTIONAL ALLEGATIONS
@ The plaintiff, Jibo & Company, Inc. (“Jibo”), is a Massachusetts corporation
having its place of business at 63 South Shore Road, Nantucket, Nantucket County,
Massachusetts.
(2) The defendant, Ryan A. Duddy (“Ryan”), is an individual residing at 1
Monohansett Road, Nantucket, Nantucket County, Massachusetts.
@) The defendant, Erica D. Duddy (“Erica”), is an individual residing at 1
Monohansett Road, Nantucket, Nantucket County, Massachusetts.
COUNT I- BREACH OF CONTRACT
@) Ryan and Erica are the owners of the real property located at 1 Monohansett
Road, Nantucket, Nantucket County, Massachusetts (“the Duddy Residence”).
G) Jibo entered into a contract with Ryan, who was acting for himself and for
Erica, whereby Jibo agreed to perform certain construction work on the Duddy
Residence including the furnishing and installation of roofing, shingles and siding. ©
(6) Jibo duly and properly performed the obligations of its contract with Ryan.
7) The fair value of the labor, materials and services furnished by Jibo at the
Duddy Residence is $93,889.50.
(8) On or about September 18, 2018, Jibo presented Ryan with an invoice in the
amount of $93,889.50 for the work furnished by Jibo at the Duddy Residence. A true
copy of said invoice is attached to this complaint as Exhibit “A”.
(9) Despite demand therefore, Ryan has failed and refused to make any payment
to Jibo of the balance owed of $93,889.50.
(10) All conditions precedent to the maintenance of this action have been
performed.
COUNT It - QUANTUM MERUIT
(11) _ Jibo restates the prior allegations of this complaint as though fully set forth
herein.
(12) _ Jibo substantially completed the obligations of the agreement it had with Ryan
in good faith.
(13) The fair value of the labor, materials and services furnished by Jibo to Ryan at
the Duddy Residence for which payment has not been made payment is $93,889.50.
(14) Despite demand therefore, Ryan has failed and refused to make payment to
Jibo of the balance owed of $93,889.50.
WHEREFORE, the plaintiff, Jibo & Company, Inc., prays:
1 That judgment enter for the plaintiff, Jibo & Company, Inc., against the
defendants, Ryan A. Duddy and Erica D. Duddy, in the sum of its damages
pursuant to Count I, with interest and costs of this action;
That judgment enter for the plaintiff, Jibo & Company, Inc., against the
defendants, Ryan A. Duddy and Erica D. Duddy, in the sum of its damages
pursuant to Count II, with interest and costs of this action;
That the court grant an attachment on the real estate comprising the Duddy
Residence and issue a writ of attachment in the amount of $100,000.00 or such
other amount as the court deems proper; and
For such other and further relief as the court deems proper.
For the plaintiff,
Jibo & Company, Inc.,
By its attorneys,
Law Offices of Warren H. Brodie, P.C.
By:
WARREN H. BRODIE
BBO # 058000
2 Salt Hay Road
Waquoit, MA 02536
(774) 763-2951
Email: wbrodie@whbrodielaw.com
EXHIBIT “A”
Jibo & Company, Inc. , Invoice
P.O. Box 2414
Nantucket, MA 02584 Date Invoice #
By 9/18/2018 21-
Bil Ta
RYAN DUDDY
1 MONOHANSETT RD
NANTUCKET, MA 02554
Terms Project
Due on receipt
Description Amount
Install Ice& Water Shield to dryin the building:
Mu 8,790.00 8,790.00
Labor: 118 hours @ $55/bour $6490
‘Materials: 25 rolls
of I&W @ $92 per roll/S2300
Install 5/8" Alaskan yellow cedar shingles: 52,627.00 52,627.00
‘Labor: 289 install hours @ $85/oundle $24,565
Materials: 299 supplied bundles @ $88/oundle $26,312
Caps: $1,750
Flashing: 3'X10' sheets of bright copper flashing: 6,902.50 6,902.50
Labor: Valleys, steps, divertets, lead flashing, etc. $4,500
Materials: 15.50 sheets of bright copper flashing @ $155/sheet $2402.50
EPOM: 4,500.00 4500.00
‘Widow's walk $2,500
Second Moor deck $2,000
Install 34 sq of sidewall: 21,070.00 21,070.00
Labor: 34.54 @ $450/sq $15,300
Cottage Comers: 130° @ $25/ft $3,250
Materials: 9 sq supplied @ S280/sq $2,520
Total $93,889.50
Payments/Credits $0.00
Balance Due $93,889.50
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x COMMONWEALTH OF MASSACHUSETTS NANTUCKET, ss. SUPERIOR COURT DEPT. OF THE TRIAL COURT C.A.NO. {975eV0000Z JIBO & COMPANY, INC., Plaintiff; VS. RYAN A. DUDDY and ERICA D. DUDDY, FILED Defendants. JAN 17 2019 NANTUCKET SUPEAIOR COURT CLERK COMPLAINT JURISDICTIONAL ALLEGATIONS @ The plaintiff, Jibo & Company, Inc. (“Jibo”), is a Massachusetts corporation having its place of business at 63 South Shore Road, Nantucket, Nantucket County, Massachusetts. (2) The defendant, Ryan A. Duddy (“Ryan”), is an individual residing at 1 Monohansett Road, Nantucket, Nantucket County, Massachusetts. @) The defendant, Erica D. Duddy (“Erica”), is an individual residing at 1 Monohansett Road, Nantucket, Nantucket County, Massachusetts. COUNT I- BREACH OF CONTRACT @) Ryan and Erica are the owners of the real property located at 1 Monohansett Road, Nantucket, Nantucket County, Massachusetts (“the Duddy Residence”). G) Jibo entered into a contract with Ryan, who was acting for himself and for Erica, whereby Jibo agreed to perform certain construction work on the Duddy Residence including the furnishing and installation of roofing, shingles and siding. © (6) Jibo duly and properly performed the obligations of its contract with Ryan. 7) The fair value of the labor, materials and services furnished by Jibo at the Duddy Residence is $93,889.50. (8) On or about September 18, 2018, Jibo presented Ryan with an invoice in the amount of $93,889.50 for the work furnished by Jibo at the Duddy Residence. A true copy of said invoice is attached to this complaint as Exhibit “A”. (9) Despite demand therefore, Ryan has failed and refused to make any payment to Jibo of the balance owed of $93,889.50. (10) All conditions precedent to the maintenance of this action have been performed. COUNT It - QUANTUM MERUIT (11) _ Jibo restates the prior allegations of this complaint as though fully set forth herein. (12) _ Jibo substantially completed the obligations of the agreement it had with Ryan in good faith. (13) The fair value of the labor, materials and services furnished by Jibo to Ryan at the Duddy Residence for which payment has not been made payment is $93,889.50. (14) Despite demand therefore, Ryan has failed and refused to make payment to Jibo of the balance owed of $93,889.50. WHEREFORE, the plaintiff, Jibo & Company, Inc., prays: 1 That judgment enter for the plaintiff, Jibo & Company, Inc., against the defendants, Ryan A. Duddy and Erica D. Duddy, in the sum of its damages pursuant to Count I, with interest and costs of this action; That judgment enter for the plaintiff, Jibo & Company, Inc., against the defendants, Ryan A. Duddy and Erica D. Duddy, in the sum of its damages pursuant to Count II, with interest and costs of this action; That the court grant an attachment on the real estate comprising the Duddy Residence and issue a writ of attachment in the amount of $100,000.00 or such other amount as the court deems proper; and For such other and further relief as the court deems proper. For the plaintiff, Jibo & Company, Inc., By its attorneys, Law Offices of Warren H. Brodie, P.C. By: WARREN H. BRODIE BBO # 058000 2 Salt Hay Road Waquoit, MA 02536 (774) 763-2951 Email: wbrodie@whbrodielaw.com EXHIBIT “A” Jibo & Company, Inc. , Invoice P.O. Box 2414 Nantucket, MA 02584 Date Invoice # By 9/18/2018 21- Bil Ta RYAN DUDDY 1 MONOHANSETT RD NANTUCKET, MA 02554 Terms Project Due on receipt Description Amount Install Ice& Water Shield to dryin the building: Mu 8,790.00 8,790.00 Labor: 118 hours @ $55/bour $6490 ‘Materials: 25 rolls of I&W @ $92 per roll/S2300 Install 5/8" Alaskan yellow cedar shingles: 52,627.00 52,627.00 ‘Labor: 289 install hours @ $85/oundle $24,565 Materials: 299 supplied bundles @ $88/oundle $26,312 Caps: $1,750 Flashing: 3'X10' sheets of bright copper flashing: 6,902.50 6,902.50 Labor: Valleys, steps, divertets, lead flashing, etc. $4,500 Materials: 15.50 sheets of bright copper flashing @ $155/sheet $2402.50 EPOM: 4,500.00 4500.00 ‘Widow's walk $2,500 Second Moor deck $2,000 Install 34 sq of sidewall: 21,070.00 21,070.00 Labor: 34.54 @ $450/sq $15,300 Cottage Comers: 130° @ $25/ft $3,250 Materials: 9 sq supplied @ S280/sq $2,520 Total $93,889.50 Payments/Credits $0.00 Balance Due $93,889.50