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Case Number:20-006863-SC
Filing # 114115066 E-Filed 09/29/2020 12:53:25 PM
IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA -
CIVIL DIVISION
RIDGE TOP EXTERIORS, LLC, Case No.:
a Florida limited liability company, Division:
Plaintiff
V
MATT S. TURPIN, and
ELISABETH PARKER,
Defendants. i
COMPLAINT
Plaintiff, RIDGE TOP EXTERIORS, LLC, a Florida limited liability company (hereinafter
"Plaintiff') by and through the undersigned counsel, hereby sues DefendantsMATT S. TURPIN
and ELIZABETH PARKER, and as grounds therefor avers as follows:
Parties, Jurisdiction and Venue
1. This is an action for damages less than $8,000.00 exclusive of interest, costs, and
attorneys' fees.
2. Plaintiff, RIDGE TOP EXTERIORS, LLC, is a Florida Limited LiabilityCompany
which has a principal place of business in Hillsborough County, Florida and it customarily
transacts business in Hillsborough County, Florida.
3 DefendantsMATT S. TURPIN and ELIZABETH PARKER are the owners ofreal
property bearing a common street address of 119 S. Spring Blvd., Tarpon Springs, FL 34689
(hereinafter "the Subject Property") further described as follows:
PARCEL ID #:
L-.1.1. //
The West 47 feet of Lot 4, Alexander Linn's to the map or plat thereof,
as recorded in Plat Book 5, Page(s) 6, of the Public fledords,ott Pinellas
P County, Florida.
The property is located in Pinellas County, Florida.
4. Jurisdiction is proper in the Sixth Judicial Circuit in and for Florida pursuant to Fla.
Stat. § 47.011, and venue ofthis action is proper in Clearwater, Florida.
Page 1 of 6
***ELECTRONICALLYFILED 09/29/2020 12:53:23 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
5. All conditions precedent to the relief requested herein have occurred, have been
performed, or otherwise have been waived.
General Allegations
6. On or about August 8, 2019, Defendant MATT S. TURPIN, contracted with
Plaintiff for the applicationof Seal O Flex coating on the roof of the Subject Property. A true and
,,
correct copy ofthe contract is attached hereto as Exhibit "A.001 -
004.
7. Plaintiff performed services to better and improve the property to wit: the
application of Seal O Flex on the roof ofthe Subject Property.
8 The services were rendered, accepted and approved by the Defendant MATT S.
TURPIN, without objection. The services bettered and improved the subject property.
9- The amount of Three Thousand Five Hundred Nienty-Nine dollars and zero cents-
($3,599.00) remains pending and unpaid pursuant to the terms and conditions of the Contract
between Plaintiff and Defendant MATT S. TURPIN.
10. As such, a Claim of Lien (hereinafter, the "Lien") in the amount of Three Thousand
Five Hundred Ninety-Nine dollars and zero cents-($3,599.00)was placed on the Propertypursuant
to Fla. Stat. §713.08 and Fla. Stat. § 713.12, and it was recorded with the Clerk ofthe Circuit Court
of Pinellas County, Florida on or about November 13, 2019. A true and correct copy of the
,,
Recorded Claim of Lien is attached hereto as Exhibit "B.001.
11. All subcontractors and all lienors under the direct contract with Plaintiffhave been
paid in full and a Contractor's Final Payment Affidavit was forwardedto Defendants on September
24,2020 via Certified U.S. Mail. A copy ofthe July 22,2020 letter to Defendants enclosing a copy
,,
of the Contractor's Final Payment Affidavit is attached hereto as Exhibit "C.001 -
004.
COUNT I -
BREACH OF CONTRACT
12. Plaintiff re-alleges and re-incorporates the allegations in paragraphs one-(1)
through eleven-(11) as set forth above and as if fully restated herein.
Page 2 of 6
13. This is an action against Defendants MATT S. TURPIN and ELISABETH
PARKER for Breach of Contract.
14. Defendant, MATT S. TURPIN entered into the contract with Plaintiffto provide
..
home improvement services. See, Exhibit"A.
15. Defendants are
obligated to pay Plaintiff for all services rendered for work
satisfactorily performed including material used to improve the Property.
16. Plaintiffhas satisfactorily and substantially performed its obligations under the
Contract. The work and services of Plaintiffhave been accepted by Defendants.
17. The contract was entered into by and among the parties to this action and that
contract was breached by Defendants resulting in damages to the Plaintiff in the amount of Three
Thousand Five Hundred Ninety-Nine dollars and zero cents-($3,599.00). Id.
18. The contract provides for attorney's fees and costs regarding the collection of
amounts due thereunder. Id.
19. Plaintiffhas retained the undersigned counsel to represent it in this matter and has
agreed and obligated itself to pay its counsel reasonable attorneys' fees for the firm's services on
its behalf, and Plaintiff is entitled to recover same from Defendants pursuant to the terms of the
Contract and applicable Florida laws. Id.
WHEREFORE, Plaintiff, RIDGE TOP EXTERIORS, LLC demands judgment against
Defendants MATT S. TURPIN and ELISABETH PARKER for compensatory damages in the
amount of Three Thousand Five Hundred Ninetv-Nine dollars and zero cents-($3,599.00) plus
prejudgment interest, the costs of this action, the costs associated with recovery of non-payment,
reasonable attorneys' fees, and for such other and further as this Honorable Court deems
appropriate under the circumstances.
Page 3 of 6
COUNT II -
UNJUST ENRICHMENT
20. Plaintiff re-alleges and re-incorporates the allegations in paragraphs one-(1)
through eleven-(11) as set forth above and as if fully restated herein.
21. This is an alternative action against Defendants, MATT S. TURPIN and
ELISABETHPARKER by Plaintiff RIDGE TOP EXTERIORS, LLC for unjust enrichment.
22. Plaintiff furnished labor, materials, and services for the permanent improvement of
the Property, which are benefits conferred upon Defendants, and such benefits were accepted by
and benefited Defendants.
23. Defendants appreciated the benefit(s) conferred upon them, and Defendants
accepted and retained the benefits under circumstances that would make it inequitable to retain
without paying the value thereof.
24. Defendants failed to pay Plaintiff the full amount for the labor, materials, and
services furnished to the Subject Property by Plaintiff and, as a result, Defendants have been
unjustly enriched.
25. Plaintiff is entitled to recover the reasonable value of the unpaid benefit and
services furnished to the Property and received by Defendants.
WHEREFORE, Plaintiff PlaintiffRIDGE
fR TOP EXTERIORS, LLC prays that this Court will find
that Defendants, MATT S. TURPIN and ELISABETHPARKER have been unjustly enriched by
Plaintiff' s services and award Plaintiff RIDGE TOP EXTERIORS, LLC Three Thousand Five
Hundred Ninetv-Nine dollars and zero cents-($3,599.00) in compensatory damages, plus
prejudgment interest, and for such other and further relief as this Court deems appropriate under
the circumstances.
COUNT III -
FORECLOSURE OF CONSTRUCTIONLIEN
26. Plaintiff re-alleges and re-incorporates the allegations in paragraphs one-(1)
through eleven-(11) as set forth above and as if fully restated herein.
Page 4 of 6
27. This is an action to enforce a Claim of Lien pursuant to Fla. Stat. § 713.08.
28. Plaintiff furnished the first of its labor, materials, and services to the Property on or
about September 19,2019 and the last of its services on September 20, 2019.
29. Despite performing in full pursuant to the Contract, Defendants refuse to remit
payment to Plaintiff.
30. As a result of Defendants' failure to pay Plaintiff for labor, materials, and services
furnished the Property by Plaintiff, a claim of Claim ofLien (hereinafter, the "Lien") in the amount
of Three Thousand Five Hundred Ninety-Nine dollars and zero cents-($3,599.00) was placed on
the Property pursuant to Fla. Stat. §713.08 and Fla. Stat. § 713.12. and was recorded with the Clerk
of the Circuit Court of Pinellas County, Florida on November 13, 2019. See, Exhibit "B."
31. The Lien was filed within ninety (90) days of Plaintiff furnishing the last of its
labor, materials or services to the Property.
32. Plaintiff has retained the undersigned counsel to represent it in this matter and has
agreed and obligated itself to pay its counsel reasonable attorneys' fees for the firm's services on
its behalf, and Plaintiff is entitled to recover same from Defendants pursuant to the terms of the
Contractand applicable Florida laws. Id.
WHEREFORE, Plaintiff RIDGE TOP EXTERIORS, LLC prays that this Court will:
a) Enforce the Claim of Lien in favor of PlaintiffRIDGE TOP EXTERIORS, LLC;
b) Enter judgment that the interest of RIDGE TOP EXTERIORS, LLC in the realty
be foreclosed and that the property be sold at judicial sale; that the monies arising from the sale be
brought into Court and that RIDGE TOP EXTERIORS, LLC be paid the amount adjudged to be
due it so far as the amount ofmoney properly applicable will pay the same; that the Defendantsbe
adjudged to pay any deficiency that may remain after applying all of the money so applicable, in
accordance with §713.28(3), Fla. Stat.;
Page 5 of 6
CI Order that all persons claiming under Defendants, MATT S. TURPIN and
ELISABETHPARKER, subsequent to filing ofthe Notice ofLis Pendens ofthis action and every
other person whose conveyance or encumbrance is subsequent or subsequently recorded, filed or
docketed, be forever barred and foreclosed of all right, claim, lien and equity in the real property
described;
d) Order that if it be determined that Plaintiff RIDGE TOP EXTERIORS, LLC does
not have a valid and existing lien on the described real property for the full amount due, that
Plaintiff RIDGE TOP EXTERIORS, LLC have a personal judgment against Defendants MATT
S. TURPIN and ELISABETH PARKER, in accordance with Fla. Stat. §713.28(1);
e) Award PlaintiffRIDGE TOP EXTERIORS, LLC its reasonable attorneys' fees and
costs associatedwith enforcing its Claim of Lien as provided under §713.29, Fla. Stat; and
D Grant such other and further relief as this Honorable Court deems appropriateunder
the circumstances.
Respectfully submitted this 29th day of September, 2020
Cox Law, PLLC
By:
Sean P.
.R..P,1,-
.R
/s/r -
Cox, Esq.
Florida Bar Number 706760
156 E. Bloomindale Ave.
Brandon, FL 33511-8179
Tel: 813-685-8600
Fax: 813-685-8699
SPC/vag Attorney for Plaintiff RIDGE TOP EXTERIORS
Cc: Client sean@coxlawplc.com
vanessa
@coxlawplc.com
Encl: CompositeExhibit "A" -
Ridge Top Exteriors Contract
Exhibit "B" -
RecordedClaim of Lien
Exhibit "C"- Notice to Defendantsof Contractors Final Payment Affidavit
Page 6 of 6
8/8/2019 Print Estimates
1-1
RIDGE TOP
EXTERIORS Tampa Florida
-Gutter.
4706 N. Thatcher Ave. Tampa, FL 33614 Florida
Customeriervice15
our1 goall
GC Ucense # CGC1524693 Florida Roof License
Customer Info: # CCC1331048
Job #: N/A Phone: 813-345-3001
Parker, Elisabeth Fax: 813-443-1001
119 South Spring Boulevard, Company Representative:
Tarpon Springs, FL, 34689 Dan O'Brien
(813) 316-8342
Seal O Flex
Description Quantity Unit
Seal O Flex 4sq. or more Coating is a 5 layer coating process with a 10 Year product warranty backed 4.5 SQ
by GAF. Step 1) Apply a primer coat to all seams, joints and connections on existing surface. 2) Apply
a generous base coat and apply evenly by brush, roller, or soft broom. 3) Apply
"Flashing Fabric" into
a generous coat of Seal O Flex Pink. 4) Apply additional coat of Seal O Flex Pink. 5) Apply Seal O Flex
Finish Coat. 6) Apply additional layer of Seal O Flex Finish Coat
Warranty 1 year labor and 10 years on the materials 1 ea
Total for all sections: $3,600.00
Total: $3,600.00
Important: Contractor is not responsible for damage to curbs, sidewalk, or driveways caused by the weight
of delivery vehicles, equipment, or trailers. Any pre-existingdamaged roof decking/wall sheathing will be
replaced at homeowners expense at $80.00 per sheet of 4'x8' of Plywood/OSBor $7.00 per Iineal foot of
"roof board".
*MUST initial one of the following. There is no HOA approval needed // / initial). HOA approval has
already been issued (initial). HOA approval will be or has been applied for and awaiting decision
(initial).
M
less an insurance scope is provided, this estimate does not reflect storm damages or represent an insurance claim*
(initial)
'
8-
8
a
A down payment of $ ? shall be due upon execution of this contract and the balance shall be due upon
substantial completion of the project specified herein. Substantial completion means that all major work with the
exception of minor corrections, reapplications,or adjustments have been completed. Any adjustments, corrections, or
reapplications required after the substantial completion of project is considered warranty work and shall be completed
under the terms of Ridge Top Exteriors' Craftsmanshipwarranty for the term specified below. Customer shall have the
right to receive lien waivers in writing from all contractors, subcontractors, and material suppliers at the time final
payment is made. The Contract price is valid for 60 (Sixty) days from the date of contract acceptance. The Company
shall commence work within 45 working days, o,·pn a start date mutually agreed upon by the Company
and Customer. Completion shall occur on or before IS working days thereafter, subject to the Terms and
Conditions of this Agreement. Notwithstanding the foregoing, the Company in no event shall commence work until all
required permits have been issued.
THE TERMS AND CONDITIONS BELOW ARE INCORPORATED HEREIN BY REFERENCE.
BY SIGNING BELOW, THE PARTIES ARE APPROVING AND ACCEPTING THE TERMS AND CONDITIONS.
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,,
Exhibit "A.001
8/8/2019 Print Estimates
Customer's Duties. Customer shall: (a) provide the Company unobstructed access to the project location and site and
shall keep persons and pets away from the work area; (b) provide necessary utility connections to enable
Company to
perform the work; (c) remove, protect and reinstall Customer's personal property including, but not limited to, all
satellite dishes; and (d) secure storage for Company's materials and equipment necessary to
complete the work.
Customer agrees that the direction and supervision of the work by any subcontractor rests exclusively with the
Company and Customer agrees not to issue any instructionsto, or otherwise interfere with, Company's direction and
supervision of the work. If the work is delayed or suspended at Customer's request, Customer agrees to pay
any
increase in the cost of labor or materials occurring during the delay. Customer warrants and represents that it is the
owner of the real estate upon which services will be rendered; (e) All HOA approvals to include specific manufacturer,
style and colors of products are Customer's responsibility.
ConstructionMaterials. All materials and work shall be furnished in a workman-like manner in accordance with
the generally accepted practices in the Hillsborough County, Tampa metropolitan area and the manufacturer's
recommendations. Any and all left over material is property of the Company.
Delay. Work shall be completed within the number of working days indicated in this Contract, unless delay occurs due
to a work stoppage by any public
authority or the Customer, adverse weather conditions, labor disputes, changes
by Customer or government authorities, unavailability of materials or supplies, unavoidable casualties, accidents,
environmental hazards, or other causes outside of Company's control, Customer's failure to make
payment as required
by this Contract, or any other cause beyond the Company's sole control. Any such delay shall extend the time of
performance Or, at the Company's option, terminate this Contract if the cause of the delay cannot be resolved within
fourteen (14) days.
Changes. Changes to the scope of work of this Contract will be made only upon execution of a written Change Order.
Warranty. Company warrants that its work performed under this Contract will be free from defects for seven (7) years
from the date of completion. This coverage relates only to the following; complete roofing installations, siding and
windows. Commercial properties and membrane roofing shall be covered for a period of two
(2) years unless otherwise
provided for. "Repair" warranties are a maximum of one (1) year and MUST be specified in the body of the contract, this
explanation does not constitute a repair warranty exists. Use this as the fact that their is no repair warranty unless
otherwise stated. This warranty is Customer's exclusive remedy againstCompany, is conditioned
upon Customer's payment of all amounts due to Company, and ends upon any conveyance of the property
by the Customer. This warranty does not cover, and Company has no responsibility for: (a) items covered under any
subcontractors' or manufacturers' warranties provided to Customer; (b) items not installed by
Company or its
subcontractors;(c) ordinary usage and normal wear and tear, normal deterioration,or failure by Customer to properly
maintain the work; (d) shrinkage or cracking of wood due to natural tendencies of wood to shrink and crack;
(e)
damage by exposure to weather conditions, including expansion or contraction of natural building materials; (f)
materials purchased by Customer: or (g) consequential damages of any kind. All
implied warranties, including
fitness and habitability are waived. Company shall perform warranty repairs or replacements, at its
option,
within sixty (60) days after notice from Customer during the warranty
period.
Extras. All additional costs incurred by the Company for any of the following shall not be included in the cost of work
and Customer shall pay these costs in addition to the cost of work: costs attributableto (1) any public body, inspector
architectural control committee unless the result of Contractor's negligence; or (2) undisclosedsite conditions, including
but not limited to, any defect or abnormality in existing improvements, lead paint, or asbestos, or (3) any other unusual
conditions.
Insurance. Customer shall maintain property and casualty insurance and general liability insurance covering the
work location.
Insurance Proceeds. Customer agrees to assign to Company all rights Customer has in any casualty or
homeowner's insurance policy proceeds, including those identified in this Contract, to be applied to the Contract Price.
2/4
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Exhibit "A.002
8/8/2019 Print Estimates
Cancellation of Contract. This Contract may be cancelled unilaterally by the Customer
by notifying the Company
in writing within three (3) calendar days after signing this Contract. In the event of cancellation of this Contract
by
the Customer thereafter, the Company shall receive compensation
from the Customer for all costs of labor and materials and all other
expenses incurred to that date plus the
Company's anticipated profit under this Contract. By signing below, Customer acknowledges they are aware of their
rights and the terms of the agreement.
RIGHT TO CURE NOTICE:
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTSYOU MUST FOLLOW BEFORE
YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU
BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN
NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE
AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION
DEFECTS AND
TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE
NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND
PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR
INTERESTS.
(4) At any time, a claimant and the person to whom notice is served or otherwise must be served under s.
558.004(1)
may agree in writing to preaction mediation or otherwise alter the procedure for the notice of claim process described in
this chapter.
(5) Notwithstanding the notice requirementsof this section for contracts entered into on or after October 1, 2006, this
chapter applies to all actions accruing before July 1, 2004, but not yet commenced as of July 1, 2004, and failure to
include such notice requirements in a contract entered into before
July 1, 2004, does not operate to bar the procedures
of thischapter from applying to all such actions.
(6) Notwithstanding s. 558.003, unless the parties agree that this chapter does not apply, after October 1, 2009, any
written contract for improvement of real property entered into between an owner and a contractor, or between an owner
and a design professional, must contain substantiallythe following notice: "ANY CLAIMS FOR CONSTRUCTION DEFECTS
ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER
558, FLORIDA STATUTES."The failure to include in
the contract the notice provided in this subsection does not subject the
contracting owner, contractor, or design
professional to any penalty. The purpose of the contractual notice is to promote awareness of the procedure, not to be a
penalty.
Prime Contractor *
Notice of Lien Rights
As required by the Florida ConstructionLien Law, you are hereby notified that persons or companies
performing,furnishing, or procuring labor, services, materials, plans, and/or specifications for your
property located at the address above, may have lien rights on your land and buildings if they are not paid.
Those entitled to lien rights, in addition to the undersigned prime contractor, are those who contract
directly with you or those who are required to and do give you notice within sixty (60) days after they first
perform, furnish, or procure labor, services, materials,plans, and/or specifications for the construction.
Accordingly, you will probably receive identification notices from those who perform furnish, or procure
labor, services, materials, plans, and/or specifications for the construction. You should give a copy of each
notice you receive to your mortgage lender, if any. The undersigned prime contractor agrees to to
cooperate with you and your lender, if any, to see that all potential lien claimants are duly paid.
I/ We, the undersigned acknowledge receipt of this notice.
* A prime contractor is anyone who performs, furnishes, or procures labor, services, materials, plans, and/or
specificationsfor construction under a contract directly with the Owner of the property being improved, and as provided
in Florida Statues.
Miscellaneous. If payment is not received as required herein, Customer agrees to pay a late payment
charge of 1.5% per month on the outstanding balance, which is an annual rate 18%. Customer agrees to pay
3/4
"X 003"
Exhibit Il. -
8/8/2019 Print Estimates
all costs incurred in the collection of any amounts owed,
including Company's attorneys' fees, court costs, and expert
witness fees. Customer further agrees to hold harmless and indemnify Company from allclaims, demands, liabilities,
lost profits, losses and damages, including reasonable attorneys' fees,
arising out of or related to any act or omission of
Customer in connection with this Contract or incurred by Company in connection with
enforcing any of its terms. This
Contract represents the entire Contract between the parties. This Contract is not
assignable by either party without the
other party's written consent. Any legal proceedings concerning this Contract shall be commenced in Hillsborough
County Circuit Court.
BUYER'S RIGHT TO CANCEL
BUYER MAY CANCEL THIS CONTRACT BY DELIVERING WRITTEN NOTICE TO THE SELLER AT ANY TIME
PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. BUYER MAY
USE THIS CONTRACT AS THAT NOTICE BY WRITING "I HEREBY CANCEL" AT THE BOTTOM AND ADDING
BUYER'S NAME AND ADDRESS. THE NOTICE MUST BE DELIVERED TO THE SELLER AT THE ADDRESS SHOWN
ABOVE.
Owner agrees that the equity in this property is security for this contract.Since this contract calls de to order
goods, it is not subject to cancellation except as stated above. Start installation
from above date.
approximately yri-'13a weeks
Ridge Top to remove and haul away all job related debris. *All sales and discounts allotted. All charges
included above.
IMPORTANT CLARIFICATION
UNLESS SPECIFIED IN WRITING ON THIS CONTRACT, THE COST OR PERFORMANCE OF THESE ITEMS ARE
NOT INCLUDED IN THIS AGREEMENT. REPLACEMENTOF: DAMAGED/ROTTEN DECKING, FASCIA/SOFFIT
BOARDS OR WALL SHEATHING, DRY WALL REPAIR OF ANY
KIND, PAINTING OF ANY KIND, REPAIR OF ANY
STUCCO WORK, REMOVAL OR RE-INSTALLATION OF ANY TYPE OF SOLAR HEATING
SYSTEMS, ANY TYPE OF
STRUCTURAL FRAMING TO INCLUDE "SISTERING" RAFTER/TRUSS
TAILS,
DO NOT SIGN UNLESS YOUR WORK SCOPE IS CLEAR AND PRECISE.
Company Authorized Signature
8-879
Date
012-
Customer Signature
818/19
date
Customer Signature Date
This estimate was last editedby Dan O'Brien on August 01, 2019. The estimate may
be withdrawn if not accepted within - days.
4/4
,,
Exhibit A.004"
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
Prepared bv/return nt
to: INST# 2019365038 11/13/2019 11:24 AM
Sean P. Cox, Esquirc OFF REC BK: 20769 PG: 743-743
156 E. DocType:LNRECORDING: $10.00
Bloomingdale Avenue
Brandon, FL 33511
Phone (813) 685-8600
Fax (813) 685-8699
-Above This Line Reserved For Official Use Only-
WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL
PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE
TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING AND
SHALL EXPIRE AND BECOME NUI,L AND VOID THEREAFTER UNLESS l.EGAI. PROCEEDINGS HAVE BEEN
COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.
CLAIM OF LIEN -
4 713.08
Before me, the undersigned authority duly authorized to take acknowledgements in the State and County
aforesaid, personally appeared BRIAN CRAWLEY, who was duly sworn and says that hc is the agent of the lienor
herein, RIDGE TOP EXTERIORS, LLC, a Florida limited liability company, whose address is 4706 N. Thatcher
Ave., Tampa, FL 33614, and that in pursuance of a contract with MATT S. TURPIN, JR. whose address is 119 S.
Spring Blvd., Tarpon Springs, FL 34689, to whom lienor furnished labor, services and/or materials consisting ofi
All labor, services and materials necessary for the Seal O Flex coating on a roof on a residential
home in Pinellas County Florida, as required by the contract between the lienor and MATT S.
TURPIN, JR. who is the property owner requiring such roofing services.
The tarping services provided possessed a total value of three thousand six hundred dollars and zero cents-
($3.600.00) of which there remains three thousand five hundred ninety-nine dollars and zero cents-($3,599.00)upon
for which amount he claims lien on thefollowing described property in Pinellas County, Florida, which is owned by
MATT S. TURPIN. JR. and ELISABETH PARKER, which possesses a common street address of 119 S. Spring
Blvd., Tarpon Sprines. FL 34689. and more patticularity described as:
PARCEL ID #:
L -././. / /
The West 47 feet of Lot 4, Alexander Linn's to the map or plat thereof,
as recorded in Plat Book 5, Page(s) 6, of the Public Redords of Pinellas County, Florida.
il I I
Lienor further states that it furnished the first of said labor, services, or materials on September 19, 2019
and the last day of same on or about September 20,2019.
STATE OF FLORIDA §
COUNTY OF HILLSBOROUGH §
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n.i
lsl
LJJWan LNLawuvi
Briafi-Crawley,Agent of Lienor, Ridge T(Ekteriors,LLC
I
Ii
,2019, personally appeared, BRAN_CRAWLEY, as Agent. of
RIDGE TOP EXTERIORS. LLC, ·/
0
Commhdon# HH 039469
My Comm. Expires Sep 3,2024
/&/ DMO S-
.'..'.4
' '4 Notary Public, State of MZrkia at Large
Bonded through National
Notary Assn.
Print Name: N@Ie SMTZ
(NOTORIAL SEAL) My commission expires: 9/3/2024
Page 2 of 2
Ridge Top Exteriors, LLC Contractor'sFinal Payment Affidavit
Exhibit "C.004"
Preview
Case Number:20-006863-SC Filing # 114115066 E-Filed 09/29/2020 12:53:25 PM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA - CIVIL DIVISION RIDGE TOP EXTERIORS, LLC, Case No.: a Florida limited liability company, Division: Plaintiff V MATT S. TURPIN, and ELISABETH PARKER, Defendants. i COMPLAINT Plaintiff, RIDGE TOP EXTERIORS, LLC, a Florida limited liability company (hereinafter "Plaintiff') by and through the undersigned counsel, hereby sues DefendantsMATT S. TURPIN and ELIZABETH PARKER, and as grounds therefor avers as follows: Parties, Jurisdiction and Venue 1. This is an action for damages less than $8,000.00 exclusive of interest, costs, and attorneys' fees. 2. Plaintiff, RIDGE TOP EXTERIORS, LLC, is a Florida Limited LiabilityCompany which has a principal place of business in Hillsborough County, Florida and it customarily transacts business in Hillsborough County, Florida. 3 DefendantsMATT S. TURPIN and ELIZABETH PARKER are the owners ofreal property bearing a common street address of 119 S. Spring Blvd., Tarpon Springs, FL 34689 (hereinafter "the Subject Property") further described as follows: PARCEL ID #: L-.1.1. // The West 47 feet of Lot 4, Alexander Linn's to the map or plat thereof, as recorded in Plat Book 5, Page(s) 6, of the Public fledords,ott Pinellas P County, Florida. The property is located in Pinellas County, Florida. 4. Jurisdiction is proper in the Sixth Judicial Circuit in and for Florida pursuant to Fla. Stat. § 47.011, and venue ofthis action is proper in Clearwater, Florida. Page 1 of 6 ***ELECTRONICALLYFILED 09/29/2020 12:53:23 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 5. All conditions precedent to the relief requested herein have occurred, have been performed, or otherwise have been waived. General Allegations 6. On or about August 8, 2019, Defendant MATT S. TURPIN, contracted with Plaintiff for the applicationof Seal O Flex coating on the roof of the Subject Property. A true and ,, correct copy ofthe contract is attached hereto as Exhibit "A.001 - 004. 7. Plaintiff performed services to better and improve the property to wit: the application of Seal O Flex on the roof ofthe Subject Property. 8 The services were rendered, accepted and approved by the Defendant MATT S. TURPIN, without objection. The services bettered and improved the subject property. 9- The amount of Three Thousand Five Hundred Nienty-Nine dollars and zero cents- ($3,599.00) remains pending and unpaid pursuant to the terms and conditions of the Contract between Plaintiff and Defendant MATT S. TURPIN. 10. As such, a Claim of Lien (hereinafter, the "Lien") in the amount of Three Thousand Five Hundred Ninety-Nine dollars and zero cents-($3,599.00)was placed on the Propertypursuant to Fla. Stat. §713.08 and Fla. Stat. § 713.12, and it was recorded with the Clerk ofthe Circuit Court of Pinellas County, Florida on or about November 13, 2019. A true and correct copy of the ,, Recorded Claim of Lien is attached hereto as Exhibit "B.001. 11. All subcontractors and all lienors under the direct contract with Plaintiffhave been paid in full and a Contractor's Final Payment Affidavit was forwardedto Defendants on September 24,2020 via Certified U.S. Mail. A copy ofthe July 22,2020 letter to Defendants enclosing a copy ,, of the Contractor's Final Payment Affidavit is attached hereto as Exhibit "C.001 - 004. COUNT I - BREACH OF CONTRACT 12. Plaintiff re-alleges and re-incorporates the allegations in paragraphs one-(1) through eleven-(11) as set forth above and as if fully restated herein. Page 2 of 6 13. This is an action against Defendants MATT S. TURPIN and ELISABETH PARKER for Breach of Contract. 14. Defendant, MATT S. TURPIN entered into the contract with Plaintiffto provide .. home improvement services. See, Exhibit"A. 15. Defendants are obligated to pay Plaintiff for all services rendered for work satisfactorily performed including material used to improve the Property. 16. Plaintiffhas satisfactorily and substantially performed its obligations under the Contract. The work and services of Plaintiffhave been accepted by Defendants. 17. The contract was entered into by and among the parties to this action and that contract was breached by Defendants resulting in damages to the Plaintiff in the amount of Three Thousand Five Hundred Ninety-Nine dollars and zero cents-($3,599.00). Id. 18. The contract provides for attorney's fees and costs regarding the collection of amounts due thereunder. Id. 19. Plaintiffhas retained the undersigned counsel to represent it in this matter and has agreed and obligated itself to pay its counsel reasonable attorneys' fees for the firm's services on its behalf, and Plaintiff is entitled to recover same from Defendants pursuant to the terms of the Contract and applicable Florida laws. Id. WHEREFORE, Plaintiff, RIDGE TOP EXTERIORS, LLC demands judgment against Defendants MATT S. TURPIN and ELISABETH PARKER for compensatory damages in the amount of Three Thousand Five Hundred Ninetv-Nine dollars and zero cents-($3,599.00) plus prejudgment interest, the costs of this action, the costs associated with recovery of non-payment, reasonable attorneys' fees, and for such other and further as this Honorable Court deems appropriate under the circumstances. Page 3 of 6 COUNT II - UNJUST ENRICHMENT 20. Plaintiff re-alleges and re-incorporates the allegations in paragraphs one-(1) through eleven-(11) as set forth above and as if fully restated herein. 21. This is an alternative action against Defendants, MATT S. TURPIN and ELISABETHPARKER by Plaintiff RIDGE TOP EXTERIORS, LLC for unjust enrichment. 22. Plaintiff furnished labor, materials, and services for the permanent improvement of the Property, which are benefits conferred upon Defendants, and such benefits were accepted by and benefited Defendants. 23. Defendants appreciated the benefit(s) conferred upon them, and Defendants accepted and retained the benefits under circumstances that would make it inequitable to retain without paying the value thereof. 24. Defendants failed to pay Plaintiff the full amount for the labor, materials, and services furnished to the Subject Property by Plaintiff and, as a result, Defendants have been unjustly enriched. 25. Plaintiff is entitled to recover the reasonable value of the unpaid benefit and services furnished to the Property and received by Defendants. WHEREFORE, Plaintiff PlaintiffRIDGE fR TOP EXTERIORS, LLC prays that this Court will find that Defendants, MATT S. TURPIN and ELISABETHPARKER have been unjustly enriched by Plaintiff' s services and award Plaintiff RIDGE TOP EXTERIORS, LLC Three Thousand Five Hundred Ninetv-Nine dollars and zero cents-($3,599.00) in compensatory damages, plus prejudgment interest, and for such other and further relief as this Court deems appropriate under the circumstances. COUNT III - FORECLOSURE OF CONSTRUCTIONLIEN 26. Plaintiff re-alleges and re-incorporates the allegations in paragraphs one-(1) through eleven-(11) as set forth above and as if fully restated herein. Page 4 of 6 27. This is an action to enforce a Claim of Lien pursuant to Fla. Stat. § 713.08. 28. Plaintiff furnished the first of its labor, materials, and services to the Property on or about September 19,2019 and the last of its services on September 20, 2019. 29. Despite performing in full pursuant to the Contract, Defendants refuse to remit payment to Plaintiff. 30. As a result of Defendants' failure to pay Plaintiff for labor, materials, and services furnished the Property by Plaintiff, a claim of Claim ofLien (hereinafter, the "Lien") in the amount of Three Thousand Five Hundred Ninety-Nine dollars and zero cents-($3,599.00) was placed on the Property pursuant to Fla. Stat. §713.08 and Fla. Stat. § 713.12. and was recorded with the Clerk of the Circuit Court of Pinellas County, Florida on November 13, 2019. See, Exhibit "B." 31. The Lien was filed within ninety (90) days of Plaintiff furnishing the last of its labor, materials or services to the Property. 32. Plaintiff has retained the undersigned counsel to represent it in this matter and has agreed and obligated itself to pay its counsel reasonable attorneys' fees for the firm's services on its behalf, and Plaintiff is entitled to recover same from Defendants pursuant to the terms of the Contractand applicable Florida laws. Id. WHEREFORE, Plaintiff RIDGE TOP EXTERIORS, LLC prays that this Court will: a) Enforce the Claim of Lien in favor of PlaintiffRIDGE TOP EXTERIORS, LLC; b) Enter judgment that the interest of RIDGE TOP EXTERIORS, LLC in the realty be foreclosed and that the property be sold at judicial sale; that the monies arising from the sale be brought into Court and that RIDGE TOP EXTERIORS, LLC be paid the amount adjudged to be due it so far as the amount ofmoney properly applicable will pay the same; that the Defendantsbe adjudged to pay any deficiency that may remain after applying all of the money so applicable, in accordance with §713.28(3), Fla. Stat.; Page 5 of 6 CI Order that all persons claiming under Defendants, MATT S. TURPIN and ELISABETHPARKER, subsequent to filing ofthe Notice ofLis Pendens ofthis action and every other person whose conveyance or encumbrance is subsequent or subsequently recorded, filed or docketed, be forever barred and foreclosed of all right, claim, lien and equity in the real property described; d) Order that if it be determined that Plaintiff RIDGE TOP EXTERIORS, LLC does not have a valid and existing lien on the described real property for the full amount due, that Plaintiff RIDGE TOP EXTERIORS, LLC have a personal judgment against Defendants MATT S. TURPIN and ELISABETH PARKER, in accordance with Fla. Stat. §713.28(1); e) Award PlaintiffRIDGE TOP EXTERIORS, LLC its reasonable attorneys' fees and costs associatedwith enforcing its Claim of Lien as provided under §713.29, Fla. Stat; and D Grant such other and further relief as this Honorable Court deems appropriateunder the circumstances. Respectfully submitted this 29th day of September, 2020 Cox Law, PLLC By: Sean P. .R..P,1,- .R /s/r - Cox, Esq. Florida Bar Number 706760 156 E. Bloomindale Ave. Brandon, FL 33511-8179 Tel: 813-685-8600 Fax: 813-685-8699 SPC/vag Attorney for Plaintiff RIDGE TOP EXTERIORS Cc: Client sean@coxlawplc.com vanessa @coxlawplc.com Encl: CompositeExhibit "A" - Ridge Top Exteriors Contract Exhibit "B" - RecordedClaim of Lien Exhibit "C"- Notice to Defendantsof Contractors Final Payment Affidavit Page 6 of 6 8/8/2019 Print Estimates 1-1 RIDGE TOP EXTERIORS Tampa Florida -Gutter. 4706 N. Thatcher Ave. Tampa, FL 33614 Florida Customeriervice15 our1 goall GC Ucense # CGC1524693 Florida Roof License Customer Info: # CCC1331048 Job #: N/A Phone: 813-345-3001 Parker, Elisabeth Fax: 813-443-1001 119 South Spring Boulevard, Company Representative: Tarpon Springs, FL, 34689 Dan O'Brien (813) 316-8342 Seal O Flex Description Quantity Unit Seal O Flex 4sq. or more Coating is a 5 layer coating process with a 10 Year product warranty backed 4.5 SQ by GAF. Step 1) Apply a primer coat to all seams, joints and connections on existing surface. 2) Apply a generous base coat and apply evenly by brush, roller, or soft broom. 3) Apply "Flashing Fabric" into a generous coat of Seal O Flex Pink. 4) Apply additional coat of Seal O Flex Pink. 5) Apply Seal O Flex Finish Coat. 6) Apply additional layer of Seal O Flex Finish Coat Warranty 1 year labor and 10 years on the materials 1 ea Total for all sections: $3,600.00 Total: $3,600.00 Important: Contractor is not responsible for damage to curbs, sidewalk, or driveways caused by the weight of delivery vehicles, equipment, or trailers. Any pre-existingdamaged roof decking/wall sheathing will be replaced at homeowners expense at $80.00 per sheet of 4'x8' of Plywood/OSBor $7.00 per Iineal foot of "roof board". *MUST initial one of the following. There is no HOA approval needed // / initial). HOA approval has already been issued (initial). HOA approval will be or has been applied for and awaiting decision (initial). M less an insurance scope is provided, this estimate does not reflect storm damages or represent an insurance claim* (initial) ' 8- 8 a A down payment of $ ? shall be due upon execution of this contract and the balance shall be due upon substantial completion of the project specified herein. Substantial completion means that all major work with the exception of minor corrections, reapplications,or adjustments have been completed. Any adjustments, corrections, or reapplications required after the substantial completion of project is considered warranty work and shall be completed under the terms of Ridge Top Exteriors' Craftsmanshipwarranty for the term specified below. Customer shall have the right to receive lien waivers in writing from all contractors, subcontractors, and material suppliers at the time final payment is made. The Contract price is valid for 60 (Sixty) days from the date of contract acceptance. The Company shall commence work within 45 working days, o,·pn a start date mutually agreed upon by the Company and Customer. Completion shall occur on or before IS working days thereafter, subject to the Terms and Conditions of this Agreement. Notwithstanding the foregoing, the Company in no event shall commence work until all required permits have been issued. THE TERMS AND CONDITIONS BELOW ARE INCORPORATED HEREIN BY REFERENCE. BY SIGNING BELOW, THE PARTIES ARE APPROVING AND ACCEPTING THE TERMS AND CONDITIONS. 1/4 ,, Exhibit "A.001 8/8/2019 Print Estimates Customer's Duties. Customer shall: (a) provide the Company unobstructed access to the project location and site and shall keep persons and pets away from the work area; (b) provide necessary utility connections to enable Company to perform the work; (c) remove, protect and reinstall Customer's personal property including, but not limited to, all satellite dishes; and (d) secure storage for Company's materials and equipment necessary to complete the work. Customer agrees that the direction and supervision of the work by any subcontractor rests exclusively with the Company and Customer agrees not to issue any instructionsto, or otherwise interfere with, Company's direction and supervision of the work. If the work is delayed or suspended at Customer's request, Customer agrees to pay any increase in the cost of labor or materials occurring during the delay. Customer warrants and represents that it is the owner of the real estate upon which services will be rendered; (e) All HOA approvals to include specific manufacturer, style and colors of products are Customer's responsibility. ConstructionMaterials. All materials and work shall be furnished in a workman-like manner in accordance with the generally accepted practices in the Hillsborough County, Tampa metropolitan area and the manufacturer's recommendations. Any and all left over material is property of the Company. Delay. Work shall be completed within the number of working days indicated in this Contract, unless delay occurs due to a work stoppage by any public authority or the Customer, adverse weather conditions, labor disputes, changes by Customer or government authorities, unavailability of materials or supplies, unavoidable casualties, accidents, environmental hazards, or other causes outside of Company's control, Customer's failure to make payment as required by this Contract, or any other cause beyond the Company's sole control. Any such delay shall extend the time of performance Or, at the Company's option, terminate this Contract if the cause of the delay cannot be resolved within fourteen (14) days. Changes. Changes to the scope of work of this Contract will be made only upon execution of a written Change Order. Warranty. Company warrants that its work performed under this Contract will be free from defects for seven (7) years from the date of completion. This coverage relates only to the following; complete roofing installations, siding and windows. Commercial properties and membrane roofing shall be covered for a period of two (2) years unless otherwise provided for. "Repair" warranties are a maximum of one (1) year and MUST be specified in the body of the contract, this explanation does not constitute a repair warranty exists. Use this as the fact that their is no repair warranty unless otherwise stated. This warranty is Customer's exclusive remedy againstCompany, is conditioned upon Customer's payment of all amounts due to Company, and ends upon any conveyance of the property by the Customer. This warranty does not cover, and Company has no responsibility for: (a) items covered under any subcontractors' or manufacturers' warranties provided to Customer; (b) items not installed by Company or its subcontractors;(c) ordinary usage and normal wear and tear, normal deterioration,or failure by Customer to properly maintain the work; (d) shrinkage or cracking of wood due to natural tendencies of wood to shrink and crack; (e) damage by exposure to weather conditions, including expansion or contraction of natural building materials; (f) materials purchased by Customer: or (g) consequential damages of any kind. All implied warranties, including fitness and habitability are waived. Company shall perform warranty repairs or replacements, at its option, within sixty (60) days after notice from Customer during the warranty period. Extras. All additional costs incurred by the Company for any of the following shall not be included in the cost of work and Customer shall pay these costs in addition to the cost of work: costs attributableto (1) any public body, inspector architectural control committee unless the result of Contractor's negligence; or (2) undisclosedsite conditions, including but not limited to, any defect or abnormality in existing improvements, lead paint, or asbestos, or (3) any other unusual conditions. Insurance. Customer shall maintain property and casualty insurance and general liability insurance covering the work location. Insurance Proceeds. Customer agrees to assign to Company all rights Customer has in any casualty or homeowner's insurance policy proceeds, including those identified in this Contract, to be applied to the Contract Price. 2/4 ,, Exhibit "A.002 8/8/2019 Print Estimates Cancellation of Contract. This Contract may be cancelled unilaterally by the Customer by notifying the Company in writing within three (3) calendar days after signing this Contract. In the event of cancellation of this Contract by the Customer thereafter, the Company shall receive compensation from the Customer for all costs of labor and materials and all other expenses incurred to that date plus the Company's anticipated profit under this Contract. By signing below, Customer acknowledges they are aware of their rights and the terms of the agreement. RIGHT TO CURE NOTICE: CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTSYOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. (4) At any time, a claimant and the person to whom notice is served or otherwise must be served under s. 558.004(1) may agree in writing to preaction mediation or otherwise alter the procedure for the notice of claim process described in this chapter. (5) Notwithstanding the notice requirementsof this section for contracts entered into on or after October 1, 2006, this chapter applies to all actions accruing before July 1, 2004, but not yet commenced as of July 1, 2004, and failure to include such notice requirements in a contract entered into before July 1, 2004, does not operate to bar the procedures of thischapter from applying to all such actions. (6) Notwithstanding s. 558.003, unless the parties agree that this chapter does not apply, after October 1, 2009, any written contract for improvement of real property entered into between an owner and a contractor, or between an owner and a design professional, must contain substantiallythe following notice: "ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES."The failure to include in the contract the notice provided in this subsection does not subject the contracting owner, contractor, or design professional to any penalty. The purpose of the contractual notice is to promote awareness of the procedure, not to be a penalty. Prime Contractor * Notice of Lien Rights As required by the Florida ConstructionLien Law, you are hereby notified that persons or companies performing,furnishing, or procuring labor, services, materials, plans, and/or specifications for your property located at the address above, may have lien rights on your land and buildings if they are not paid. Those entitled to lien rights, in addition to the undersigned prime contractor, are those who contract directly with you or those who are required to and do give you notice within sixty (60) days after they first perform, furnish, or procure labor, services, materials,plans, and/or specifications for the construction. Accordingly, you will probably receive identification notices from those who perform furnish, or procure labor, services, materials, plans, and/or specifications for the construction. You should give a copy of each notice you receive to your mortgage lender, if any. The undersigned prime contractor agrees to to cooperate with you and your lender, if any, to see that all potential lien claimants are duly paid. I/ We, the undersigned acknowledge receipt of this notice. * A prime contractor is anyone who performs, furnishes, or procures labor, services, materials, plans, and/or specificationsfor construction under a contract directly with the Owner of the property being improved, and as provided in Florida Statues. Miscellaneous. If payment is not received as required herein, Customer agrees to pay a late payment charge of 1.5% per month on the outstanding balance, which is an annual rate 18%. Customer agrees to pay 3/4 "X 003" Exhibit Il. - 8/8/2019 Print Estimates all costs incurred in the collection of any amounts owed, including Company's attorneys' fees, court costs, and expert witness fees. Customer further agrees to hold harmless and indemnify Company from allclaims, demands, liabilities, lost profits, losses and damages, including reasonable attorneys' fees, arising out of or related to any act or omission of Customer in connection with this Contract or incurred by Company in connection with enforcing any of its terms. This Contract represents the entire Contract between the parties. This Contract is not assignable by either party without the other party's written consent. Any legal proceedings concerning this Contract shall be commenced in Hillsborough County Circuit Court. BUYER'S RIGHT TO CANCEL BUYER MAY CANCEL THIS CONTRACT BY DELIVERING WRITTEN NOTICE TO THE SELLER AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. BUYER MAY USE THIS CONTRACT AS THAT NOTICE BY WRITING "I HEREBY CANCEL" AT THE BOTTOM AND ADDING BUYER'S NAME AND ADDRESS. THE NOTICE MUST BE DELIVERED TO THE SELLER AT THE ADDRESS SHOWN ABOVE. Owner agrees that the equity in this property is security for this contract.Since this contract calls de to order goods, it is not subject to cancellation except as stated above. Start installation from above date. approximately yri-'13a weeks Ridge Top to remove and haul away all job related debris. *All sales and discounts allotted. All charges included above. IMPORTANT CLARIFICATION UNLESS SPECIFIED IN WRITING ON THIS CONTRACT, THE COST OR PERFORMANCE OF THESE ITEMS ARE NOT INCLUDED IN THIS AGREEMENT. REPLACEMENTOF: DAMAGED/ROTTEN DECKING, FASCIA/SOFFIT BOARDS OR WALL SHEATHING, DRY WALL REPAIR OF ANY KIND, PAINTING OF ANY KIND, REPAIR OF ANY STUCCO WORK, REMOVAL OR RE-INSTALLATION OF ANY TYPE OF SOLAR HEATING SYSTEMS, ANY TYPE OF STRUCTURAL FRAMING TO INCLUDE "SISTERING" RAFTER/TRUSS TAILS, DO NOT SIGN UNLESS YOUR WORK SCOPE IS CLEAR AND PRECISE. Company Authorized Signature 8-879 Date 012- Customer Signature 818/19 date Customer Signature Date This estimate was last editedby Dan O'Brien on August 01, 2019. The estimate may be withdrawn if not accepted within - days. 4/4 ,, Exhibit A.004" KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL Prepared bv/return nt to: INST# 2019365038 11/13/2019 11:24 AM Sean P. Cox, Esquirc OFF REC BK: 20769 PG: 743-743 156 E. DocType:LNRECORDING: $10.00 Bloomingdale Avenue Brandon, FL 33511 Phone (813) 685-8600 Fax (813) 685-8699 -Above This Line Reserved For Official Use Only- WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING AND SHALL EXPIRE AND BECOME NUI,L AND VOID THEREAFTER UNLESS l.EGAI. PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN. CLAIM OF LIEN - 4 713.08 Before me, the undersigned authority duly authorized to take acknowledgements in the State and County aforesaid, personally appeared BRIAN CRAWLEY, who was duly sworn and says that hc is the agent of the lienor herein, RIDGE TOP EXTERIORS, LLC, a Florida limited liability company, whose address is 4706 N. Thatcher Ave., Tampa, FL 33614, and that in pursuance of a contract with MATT S. TURPIN, JR. whose address is 119 S. Spring Blvd., Tarpon Springs, FL 34689, to whom lienor furnished labor, services and/or materials consisting ofi All labor, services and materials necessary for the Seal O Flex coating on a roof on a residential home in Pinellas County Florida, as required by the contract between the lienor and MATT S. TURPIN, JR. who is the property owner requiring such roofing services. The tarping services provided possessed a total value of three thousand six hundred dollars and zero cents- ($3.600.00) of which there remains three thousand five hundred ninety-nine dollars and zero cents-($3,599.00)upon for which amount he claims lien on thefollowing described property in Pinellas County, Florida, which is owned by MATT S. TURPIN. JR. and ELISABETH PARKER, which possesses a common street address of 119 S. Spring Blvd., Tarpon Sprines. FL 34689. and more patticularity described as: PARCEL ID #: L -././. / / The West 47 feet of Lot 4, Alexander Linn's to the map or plat thereof, as recorded in Plat Book 5, Page(s) 6, of the Public Redords of Pinellas County, Florida. il I I Lienor further states that it furnished the first of said labor, services, or materials on September 19, 2019 and the last day of same on or about September 20,2019. STATE OF FLORIDA § COUNTY OF HILLSBOROUGH § , -k n.i lsl LJJWan LNLawuvi Briafi-Crawley,Agent of Lienor, Ridge T(Ekteriors,LLC I Ii ,2019, personally appeared, BRAN_CRAWLEY, as Agent. of RIDGE TOP EXTERIORS. LLC, ·/ 0 Commhdon# HH 039469 My Comm. Expires Sep 3,2024 /&/ DMO S- .'..'.4 ' '4 Notary Public, State of MZrkia at Large Bonded through National Notary Assn. Print Name: N@Ie SMTZ (NOTORIAL SEAL) My commission expires: 9/3/2024 Page 2 of 2 Ridge Top Exteriors, LLC Contractor'sFinal Payment Affidavit Exhibit "C.004"