On August 28, 2019 a
Complaint,Petition
was filed
involving a dispute between
Target General Contracting Corporation,
and
Wangelin, Lisa Rae,
Wangelin, Stephen,
for CONTRACTS AND INDEBTEDNESS
in the District Court of Bay County.
Preview
Filing # 94912305 E-Filed 08/28/2019 01:56:15 PM
IN THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
CIVIL DIVISION
TARGET GENERAL CONTRACTING CORP.,
Plaintiff,
. CASE NOM 19003277CA
STEPHEN WANGELIN and
LISA WANGELIN,
Defendants.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff Target General Contracting Corp. (“Plaintiff”) sues Defendants Stephen
Wangelin and Lisa Wangelin (“Defendants”) as follows:
1. This is an action for damages exceeding $15,000.00.
2. Plaintiff is an active Florida corporation and licensed general contractor.
3. Defendants are the owners of and reside at the real property located at 909 Tech Drive,
Lynn Haven, Florida, in Bay County (the “Property”).
4. The cause of action alleged herein arose in Bay County, Florida, where Plaintiff provided
valuable construction services to Defendants at the Property and was not paid by them
and then wrongfully terminated and defamed.
5. All conditions precedent to this cause of action have occurred.
Count I - Breach of Contract
6. Plaintiff re-alleges the allegations in paragraphs 1 through 5 above.
7. Plaintiff offered to provide to Defendants limited construction services for damages
caused by Hurricane Michael to Defendants at the Property.10.
Defendants accepted Plaintiffs offer and agreed to pay Plaintiff a reasonable amount
based on the amounts that Defendants’ insurer agree to pay them. The scope of work was
initially limited to what the insurer would pay for and the amounts it agreed to pay.
Plaintiff performed its duties under the agreement until such time as Defendants failed to
pay Plaintiff and wrongfully terminated the agreement at which time the work was not
fully complete or a punch list prepared.
Plaintiff has been damaged as a result of Defendant’s breaches including the reasonable
value of work performed for which the insurer would have paid and the loss of profits on
work that would have been performed had Defendants not wrongfully terminate the
agreement.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally and as
husband and wife, for compensatory damages, costs of this action, prejudgment interest, and
such other relief as the Court deems appropriate.
11.
12.
13.
14,
Count I] — Unjust Enrichment
Plaintiff re-alleges the allegations in paragraphs 1 through 5 above.
At Defendants’ request, Plaintiff provided valuable construction services to Defendants at
the Property.
Defendants knew Plaintiff was providing these services, appreciated the value of the
improvements made by Plaintiff, and expected to pay Plaintiff based on the scope of
work approved by their insurer and at the amounts authorized by their insurer.
Defendants paid some of the amounts paid by their insurer, but then Defendants
wrongfully terminated Plaintiff before making payment of additional money authorized
by the insurer and before Plaintiff could complete or punch out its work.15. It would be unjust for Defendants to retain the benefit of the construction services
provided by Plaintiff and not pay the reasonable value thereof.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally and as
husband and wife, for compensatory damages, costs of this action, prejudgment interest, and
such other relief as the Court deems appropriate.
Count Ill — Defamation
16. Plaintiff re-alleges the allegations in paragraphs | through 5 above.
17. Defendants published false statements throughout the community in Bay County,
including statements made to the Bay County Building Department, concerning the
honesty of Plaintiff, its workmanship as a contractor, and the criminal arrest record of
Plaintiff's employee.
18. Defendants published these statements with malice and an intent to injure Plaintiff in its
business and to coerce it to not pursue its rightful claim to compensation for the work
performed by Plaintiff.
19. Plaintiff has been injured as a result of Defendant’s malicious and false statements of
fact.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally and as
husband and wife, for compensatory damages, costs of this action, prejudgment interest, and
such other relief as the Court deems appropriate.
Demand for Jury Trial
Plaintiff demands trial by jury on all issues so triable.Dated: August 28, 2019.
Respectfully Submitted,
STEPHENS LAW, LLC
lef Walley Ut. Stephens
HALLEY M. STEPHENS
Florida Bar No. 0154725
2868 Remington Green Circle, Suite B
Tallahassee, Florida 32308
Telephone: (850) 999-2000
Facsimile: (850) 999-2001
halley@stephenslawoffice.com
Document Filed Date
August 28, 2019
Case Filing Date
August 28, 2019
Category
CONTRACTS AND INDEBTEDNESS
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 94912305 E-Filed 08/28/2019 01:56:15 PM IN THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CIVIL DIVISION TARGET GENERAL CONTRACTING CORP., Plaintiff, . CASE NOM 19003277CA STEPHEN WANGELIN and LISA WANGELIN, Defendants. / COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Target General Contracting Corp. (“Plaintiff”) sues Defendants Stephen Wangelin and Lisa Wangelin (“Defendants”) as follows: 1. This is an action for damages exceeding $15,000.00. 2. Plaintiff is an active Florida corporation and licensed general contractor. 3. Defendants are the owners of and reside at the real property located at 909 Tech Drive, Lynn Haven, Florida, in Bay County (the “Property”). 4. The cause of action alleged herein arose in Bay County, Florida, where Plaintiff provided valuable construction services to Defendants at the Property and was not paid by them and then wrongfully terminated and defamed. 5. All conditions precedent to this cause of action have occurred. Count I - Breach of Contract 6. Plaintiff re-alleges the allegations in paragraphs 1 through 5 above. 7. Plaintiff offered to provide to Defendants limited construction services for damages caused by Hurricane Michael to Defendants at the Property.10. Defendants accepted Plaintiffs offer and agreed to pay Plaintiff a reasonable amount based on the amounts that Defendants’ insurer agree to pay them. The scope of work was initially limited to what the insurer would pay for and the amounts it agreed to pay. Plaintiff performed its duties under the agreement until such time as Defendants failed to pay Plaintiff and wrongfully terminated the agreement at which time the work was not fully complete or a punch list prepared. Plaintiff has been damaged as a result of Defendant’s breaches including the reasonable value of work performed for which the insurer would have paid and the loss of profits on work that would have been performed had Defendants not wrongfully terminate the agreement. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally and as husband and wife, for compensatory damages, costs of this action, prejudgment interest, and such other relief as the Court deems appropriate. 11. 12. 13. 14, Count I] — Unjust Enrichment Plaintiff re-alleges the allegations in paragraphs 1 through 5 above. At Defendants’ request, Plaintiff provided valuable construction services to Defendants at the Property. Defendants knew Plaintiff was providing these services, appreciated the value of the improvements made by Plaintiff, and expected to pay Plaintiff based on the scope of work approved by their insurer and at the amounts authorized by their insurer. Defendants paid some of the amounts paid by their insurer, but then Defendants wrongfully terminated Plaintiff before making payment of additional money authorized by the insurer and before Plaintiff could complete or punch out its work.15. It would be unjust for Defendants to retain the benefit of the construction services provided by Plaintiff and not pay the reasonable value thereof. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally and as husband and wife, for compensatory damages, costs of this action, prejudgment interest, and such other relief as the Court deems appropriate. Count Ill — Defamation 16. Plaintiff re-alleges the allegations in paragraphs | through 5 above. 17. Defendants published false statements throughout the community in Bay County, including statements made to the Bay County Building Department, concerning the honesty of Plaintiff, its workmanship as a contractor, and the criminal arrest record of Plaintiff's employee. 18. Defendants published these statements with malice and an intent to injure Plaintiff in its business and to coerce it to not pursue its rightful claim to compensation for the work performed by Plaintiff. 19. Plaintiff has been injured as a result of Defendant’s malicious and false statements of fact. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally and as husband and wife, for compensatory damages, costs of this action, prejudgment interest, and such other relief as the Court deems appropriate. Demand for Jury Trial Plaintiff demands trial by jury on all issues so triable.Dated: August 28, 2019. Respectfully Submitted, STEPHENS LAW, LLC lef Walley Ut. Stephens HALLEY M. STEPHENS Florida Bar No. 0154725 2868 Remington Green Circle, Suite B Tallahassee, Florida 32308 Telephone: (850) 999-2000 Facsimile: (850) 999-2001 halley@stephenslawoffice.com