On June 16, 2009 a
Party Discovery
was filed
involving a dispute between
Olaru David Florin,
and
Harcrow Claudia,
in the District Court of Cobb County.
Preview
Filed In Office Sep-@9-2689 08:56:26
ID# e009, 142378-CV
age
Atam
IN THE SUPERIOR COURT OF COBB COUNTY5,y £, stephenson
STATE OF GEORGIA Clerk of Superior Court Cobb County
DAVID FLORIN OLARU, )
)
Plaintiff, ).
) CIVIL ACTION
v. ) FILE NO, 09-105718
)
CLaupiA Harcrow, )
. )
Defendant. )
)
ANT’S.
DIRECTED TO PLAINTIFF
COMES NOW Defendant Claudia Harcrow (“Harcrow”), by and through her undersigned
attorney of record, and, pursuant to Section 9-11-36 of the Georgia Civil Practice Act, requests
Plaintiff David Florin Olaru (“Olaru” or “you”) to admit to the truth of the following matters within
the time prescribed by the Georgia Civil Practice Act after entry of an Order granting discovery
pursuant to Defendant’s Request for Discovery:
FO) IN
1 Admit that Olaru does not hold a residential or general contractors license issued by the State
of Georgia’s State Licensing Board for Residential and General Contractors pursuant to
Section 43-41-1, ef. seq.
2. Admit that D&A Remodeling, Inc (“D&A”) does not hold a residential or general contractors
license issued by the State of Georgia’s State Licensing Board for Residential and General
Contractors pursuant to Section 43-41-1, ef. seq.
3. Admit that Olaru does not have any other license relating to construction issued by the State
of Georgia. .
4. Admit that D&A does not have any other license relating to construction issued by the State
of Georgia.10.
i.
12.
13.
14,
15.
16.
17.
18,
19,
20.
IDH 2009-0142370-CV
Page 2
Admit that D&A does hold an occupational tax business license issued by Gwinnett County.
Admit that the occupational tax business license issued by Gwinnett County does not comply
with the requirements of the state contractor’s license under OCGA §43-41-1, ef. seq.
Admit that Olaru is and has been personally aware that a state contractor’s license is required
to perform remodeling or construction in accordance with OCGA §43-41-1, et. seq.
Admit that Olaru has represented that neither he nor D&A needs to hold a state residential or
general contractors license.
Admit that, prior to bidding or entering into the contract for the Harcrow Project, Olaru has
discussed with representatives of the Secretary of State’s Professional Licensing Board.
Admit that Olaru has been informed by representatives of the Secretary of State’s
Professional Licensing Board that a county issued occupational tax business license doe not
qualify as a state contractor’s license under OCGA §43-41-1, et. seq.
‘Admit that neither Olaru nor D&A pulled any building permit for the Harcrow project.
Admit that no subcontractor or other party pulled any building permit for the Harcrow project
in accordance with the contract or prior to termination of D&A.
‘Admit that a building permit was required by Cobb County for the Harcrow Project.
Admit that D&A commenced work on the Harcrow Project with knowledge that the required
building permit had not been obtained.
Admit that the contract between D&A and Harcrow does not state that the owner is required
to pull the building permit.
Admit that there is no written communication or evidence that at any time did D&A or Olaru
inform Harcrow that she was responsible to pull the required building permit.
Admit that neither Olaru nor D&A obtained any required rough inspection of the work
performed for the Harcrow project.
Admit that neither Olaru nor D&A obtained any required final inspection of the work
performed for the Harcrow project.
Admit that no subcontractor or other party obtained any required inspection prior to
termination of D&A.
Admit that county inspections were required for the Harcrow Project.21.
22,
24.
26.
27.
28.
29.
30. .
31.
32.
33.
ID# 2669—-0@142376-CYV
Page 3
Admit that Olaru is the sole owner of the D&A Remodeling, Inc.
Admit that Olaru is the sole employee of D&A during the period of the Harcrow Project.
Admit that D&A Remodeling, Inc., not Olaru, is the contracting party with Claudia Harcrow.
’ Admit that Olaru have stated that Olaru brought this action in your individual name rather
than in the name of D&A because D&A “needed an attorney” to sue in the name of the
corporation. .
Admit that Olaru have brought legal actions against other parties in your individual name to
collect monies owed under contracts involving D&A Remodeling as contractor.
Admit that you knew prior to bidding or commencing work on the Harcrow Project that
you did not have a state general or residential contractor’s license.
Admit that you and/or D&A have continued to perform construction with knowledge that
D&A did not hold a state general or residential contractor’s license.
Admit that the closet lights as installed by D&A or its subcontractors did not comply with
code requirements. /
Admit that the electrical outlets as installed by D&A or its subcontractors in the kitchen.
area did not comply with code requirements. :
Admit that D&A or its subcontractors failed to install drywall in closet behind kitchen
area in violation of code requirements.
‘Admit that D&A or its subcontractors failed to install proper door to mechanical room in
accordance with applicable code requirements.
Admit that D&A or its subcontractors failed to install the closet shelving in accordance
with applicable code requirements.
Admit that there were corrections to the work performed by D&A or its subcontractors
that were required to obtain a certificate of occupancy for the Harcrow project.ID# 20669—014237@-CYV
Page 4
Dated this 14th day of August, 2009.
Law Office of Kevin M. Veler
Kevin M. Veler
Georgia Bar No. 726830
11770 Haynes Bridge Rd.
Suite 205, PMB 337
Alpharetta, GA 30009
Telephone: 770.752.0990
Email: kmv@kmviaw.com
. CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of August, 2009, the foregoing REQUEST FOR
ADMISSIONS was served upon Plaintiff by placing a copy in the United States Mail, with
adequate postage affixed thereto, addressed as follows:
David M. Van Sant, Esq.
Dickerson & Van Sant, LLC
Document Filed Date
September 09, 2009
Case Filing Date
June 16, 2009
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Filed In Office Sep-@9-2689 08:56:26 ID# e009, 142378-CV age Atam IN THE SUPERIOR COURT OF COBB COUNTY5,y £, stephenson STATE OF GEORGIA Clerk of Superior Court Cobb County DAVID FLORIN OLARU, ) ) Plaintiff, ). ) CIVIL ACTION v. ) FILE NO, 09-105718 ) CLaupiA Harcrow, ) . ) Defendant. ) ) ANT’S. DIRECTED TO PLAINTIFF COMES NOW Defendant Claudia Harcrow (“Harcrow”), by and through her undersigned attorney of record, and, pursuant to Section 9-11-36 of the Georgia Civil Practice Act, requests Plaintiff David Florin Olaru (“Olaru” or “you”) to admit to the truth of the following matters within the time prescribed by the Georgia Civil Practice Act after entry of an Order granting discovery pursuant to Defendant’s Request for Discovery: FO) IN 1 Admit that Olaru does not hold a residential or general contractors license issued by the State of Georgia’s State Licensing Board for Residential and General Contractors pursuant to Section 43-41-1, ef. seq. 2. Admit that D&A Remodeling, Inc (“D&A”) does not hold a residential or general contractors license issued by the State of Georgia’s State Licensing Board for Residential and General Contractors pursuant to Section 43-41-1, ef. seq. 3. Admit that Olaru does not have any other license relating to construction issued by the State of Georgia. . 4. Admit that D&A does not have any other license relating to construction issued by the State of Georgia.10. i. 12. 13. 14, 15. 16. 17. 18, 19, 20. IDH 2009-0142370-CV Page 2 Admit that D&A does hold an occupational tax business license issued by Gwinnett County. Admit that the occupational tax business license issued by Gwinnett County does not comply with the requirements of the state contractor’s license under OCGA §43-41-1, ef. seq. Admit that Olaru is and has been personally aware that a state contractor’s license is required to perform remodeling or construction in accordance with OCGA §43-41-1, et. seq. Admit that Olaru has represented that neither he nor D&A needs to hold a state residential or general contractors license. Admit that, prior to bidding or entering into the contract for the Harcrow Project, Olaru has discussed with representatives of the Secretary of State’s Professional Licensing Board. Admit that Olaru has been informed by representatives of the Secretary of State’s Professional Licensing Board that a county issued occupational tax business license doe not qualify as a state contractor’s license under OCGA §43-41-1, et. seq. ‘Admit that neither Olaru nor D&A pulled any building permit for the Harcrow project. Admit that no subcontractor or other party pulled any building permit for the Harcrow project in accordance with the contract or prior to termination of D&A. ‘Admit that a building permit was required by Cobb County for the Harcrow Project. Admit that D&A commenced work on the Harcrow Project with knowledge that the required building permit had not been obtained. Admit that the contract between D&A and Harcrow does not state that the owner is required to pull the building permit. Admit that there is no written communication or evidence that at any time did D&A or Olaru inform Harcrow that she was responsible to pull the required building permit. Admit that neither Olaru nor D&A obtained any required rough inspection of the work performed for the Harcrow project. Admit that neither Olaru nor D&A obtained any required final inspection of the work performed for the Harcrow project. Admit that no subcontractor or other party obtained any required inspection prior to termination of D&A. Admit that county inspections were required for the Harcrow Project.21. 22, 24. 26. 27. 28. 29. 30. . 31. 32. 33. ID# 2669—-0@142376-CYV Page 3 Admit that Olaru is the sole owner of the D&A Remodeling, Inc. Admit that Olaru is the sole employee of D&A during the period of the Harcrow Project. Admit that D&A Remodeling, Inc., not Olaru, is the contracting party with Claudia Harcrow. ’ Admit that Olaru have stated that Olaru brought this action in your individual name rather than in the name of D&A because D&A “needed an attorney” to sue in the name of the corporation. . Admit that Olaru have brought legal actions against other parties in your individual name to collect monies owed under contracts involving D&A Remodeling as contractor. Admit that you knew prior to bidding or commencing work on the Harcrow Project that you did not have a state general or residential contractor’s license. Admit that you and/or D&A have continued to perform construction with knowledge that D&A did not hold a state general or residential contractor’s license. Admit that the closet lights as installed by D&A or its subcontractors did not comply with code requirements. / Admit that the electrical outlets as installed by D&A or its subcontractors in the kitchen. area did not comply with code requirements. : Admit that D&A or its subcontractors failed to install drywall in closet behind kitchen area in violation of code requirements. ‘Admit that D&A or its subcontractors failed to install proper door to mechanical room in accordance with applicable code requirements. Admit that D&A or its subcontractors failed to install the closet shelving in accordance with applicable code requirements. Admit that there were corrections to the work performed by D&A or its subcontractors that were required to obtain a certificate of occupancy for the Harcrow project.ID# 20669—014237@-CYV Page 4 Dated this 14th day of August, 2009. Law Office of Kevin M. Veler Kevin M. Veler Georgia Bar No. 726830 11770 Haynes Bridge Rd. Suite 205, PMB 337 Alpharetta, GA 30009 Telephone: 770.752.0990 Email: kmv@kmviaw.com . CERTIFICATE OF SERVICE I hereby certify that on this 14th day of August, 2009, the foregoing REQUEST FOR ADMISSIONS was served upon Plaintiff by placing a copy in the United States Mail, with adequate postage affixed thereto, addressed as follows: David M. Van Sant, Esq. Dickerson & Van Sant, LLC