Party Statement: Jibo & Company, Inc. vs. Duddy, Ryan A et al

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Xe .\                                                                                                    FILED
                                                                                                         FEB   19   2019
                                        COMMONWEALTH           OF MASSACHUSETTS

        NANTUCKET, ss.                                                        SUPERIOR COURT DEBT TSUPERIOR CouRT cLeny
                                                                              OF THE TRIAL COURT
                                                                              Civil Action No. 1975CV00002

         JIBO & COMPANY, INC.,
                         Plaintiff

                     V.

         RYAN A DUDDY and ERICA DUDDY,
                         Defendants

                                              AFFIDAVIT OF RYAN DUDDY
                I, Ryan Duddy, on oath depose and state as follow:

                1         I am a Defendant in this action and state the following based upon my personal

        knowledge.

                2.        My wife, Erica Duddy and I own the real estate and improvements located at 1

        Monohansett Drive, Nantucket, MA (the “Property”) as tenants by the entirety. The Property is

        our primary residence on which we have recorded a Declaration of Homestead.

                3.        On or about May 3, 2018, I entered into a simple and straight forward agreement with

        Mr. Jibladze (“Jibo”). We agreed that Jibo would provide all labor and materials necessary for

        the installation of sidewall, roofing shingles and two rubber decks on the Property for a fixed

        price of $55,000.00.        The scope of the Project never changed.

                4.        Despite our fixed price agreement, in September, 2018, Jibo sent me an invoice for

        $93,889.50 in which he purports to bill me for his work on a time and materials basis.

                5          T also discovered that materials purchased by Jibladze for the project were billed to

        me directly despite the fact that all materials for the Project were to be provided by Jibo as part

        of the agreed upon $55,000.00 fixed price.




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6.   To make matters worse, Jibo failed to complete his work, leaving a large section of

the Property neither sidewalled or roofed. As a result, I was forced to retain a substitute

contractor to complete Jibo’s work.

       7.   Had Jibo and I agreed that he would be paid on a time and materials basis — which

most certainly was not the case — the labor charges of approximately $53,000.00 set forth on his

invoice are neither fair nor reasonable for the work performed.

       8.   My wife, Erica was never a party to any conversations or agreements between Jibo

and me concerning work to be performed on the Property by Mr. Jibladze.




        Subscribed and sworn to under the pains and penalties of perjury this 19th day of
February, 2019.


                                                 Ryan Duddy