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Filing #77126120 E-Filed 08/28/2018 03:11:09 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR ORANGE
COUNTY, FLORIDA
BOOTH’S COBBLESTONES, INC.,
a Florida corporation,
Plaintiff,
CASE NO.: 2017-CA-008091-0
vs.
YI T. HSU, a married woman,
Defendant.
/
NOTICE OF FILING ANSWERS TO INTERROGATORIES
COMES NOW, the Plaintiff, BOOTH’S COBBLESTONES, INC. (hereinafter
sometimes referred to as "Plaintiff"), by and through its undersigned
counsel, and hereby gives notice of filing of the following:
Answers to Interrogatories served February 6, 2018 and
executed under oath by Defendant Yi T. Hsu on February 3,
2018.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 28th day of August, 2018, I
electronically filed the foregoing with the Clerk of the Courts by using
the State of Florida ePortal system which will send a notice of
electronic filing together with a copy of this filing to the following:
Beth-Ann Schulman, Esquire
Ryan G. Knight, Esquire
800 N. Magnolia Ave., Ste. 430
Orlando, FL 32803
bschulman@boydjen. com
rknight @boydjen. com
kmccabe@boydjen. com
BARRY KALMANS!
PROFESSION:
By:
BARRY [ANSON , ESQUIRE
Flor ar oO 0814199
500 rth Maitland Ave., Suite 305
Ma and, Florida 32751
7645-4500
imary e-mail address:
k@barrykalmanson.com
Secondary e-mail address:
pisugg@barrykalmanson.com
Attorney for Plaintiff
€:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Not Filing2.wpd
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
BOOTH’S COBBLESTONES, INC., Case No: 2017-CA-008091-O
a Florida corporation,
Plaintiff,
V.
YIT. HSU, a married woman,
Defendant.
YLT. HSU’S RESPONSES AND OBJECTIONS TO
PLAINTIFF’S FIRST SET OF INTERROGATORIES
Yi T. Hsu (“Defendant”), by and through her undersigned counsel and pursuant to Fla. R.
Civ. P. 1.350, hereby responds to Booth’s Cobblestones, Inc.’s (“Plaintiff”) First Interrogatories
and states as follows:
GENERAL STATEMENTS AND OBJECTIONS
1 Defendant objects to responding to any Interrogatory that would require the
disclosure of _ privileged information including, without limitation, attorney/client
communications.
2. Defendant objects to responding to any Interrogatory that would require the
disclosure of any information prepared in anticipation of litigation or for trial without a showing
by Plaintiff of undue hardship as required by the Florida Rules of Civil Procedure.
3. Defendant objects to responding to any Interrogatory that would require the
disclosure of attorney work product including, without limitation, any information containing or
reflecting mental impressions, conclusions, opinions and/or legal theories of any attorney for
Defendant.
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4 Defendant states that it has not completed its investigation of the facts related to
this action, has not reviewed all documents related to this action, has not interviewed all witnesses
in this action, has not completed its discovery in this action, nor has it completed its preparation
for trial. Moreover, discovery in this matter is in its infancy and responses to these interrogatories
may change as discovery continues. Consequently, the answers to Interrogatories set forth herein
are based upon information known or believed by Defendant at the time they prepared these
responses.
RESPONSES AND OBJECTIONS
INTERROGATORY NO. 1
Identify and state the name, address and telephone number of the person or person(s) answering
and/or participating in the preparation of the answers to these Interrogatories and, if applicable,
state the person’s official position or relationship with you.
RESPONSE:
clo Hans Hsu
Beth-Ann Schulman
Boyd & Jenerette, PA
800 N. Magnolia Avenue, Suite 430
Orlando, FL 32803
407-309-4760
INTERROGATORY NO. 2
Identify and state the name, address and telephone number of all persons who are believed or
known by you, your agents or your attorneys to have knowledge regarding any facts or issues in
this action, including, but not limited to, the claims alleged in the Complaint filed by Plaintiff in
this action, the claims alleged in the alleged affirmative defenses herein filed by you, and specific
the subject matter about which each person identified has knowledge.
RESPONSE: Hans Hsu
Beth-Ann Schulman
Boyd & Jenerette, PA
800 N. Magnolia Avenue, Suite 430
Orlando, FL 32803
407-309-4760
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Marvin Fellows and John Nimeth
Beth-Ann Schulman
Boyd & Jenerette, PA
800 N. Magnolia Avenue, Suite 430
Orlando, FL 32803
407-309-4760
Tom Lohman
Mark Booth
Booth’s Cobblestone
Booth’s Subcontractor - Domingo
Eco Pavers Designs LLC
2880 David Walker Drive, Suite 145
Eustis, FL 32726
INTERROGATORY NO. 3
Identify and state the name, address and telephone number of every person known to you, or your
agents or your attorneys, who has knowledge about or is in possession, custody or control of, any
document that pertains to any fact or issue in the Plaintiff's claims herein, the alleged affirmative
defenses in this action, and for each person identified, describe as to each what document or
documents he/she has.
RESPONSE: See response to Interrogatory No. 3
INTERROGATORY NO. 4
Identify all documents (including plans, specifications, special provisions, and the like) that you
contend constitute or describe Plaintiff's complete scope of work pursuant to its contract(s) on the
project at issue herein, including all change orders and extra work orders thereto.
RESPONSE: In addition to its general objections, Defendant also objects to this
interrogatory in that it seeks information protected as work product or by the attorney client
privilege. Notwithstanding, Mr. Booth and Mr. Lohman met with Hans Hsu on several occasions
to develop the paver installation (selection, means and methods) and system for the home at issue
in this litigation. Mr. Booth and Mr. Lohman received plans for the project were tasked with
developing the proper installation and system for the paver walkways and driveway so that it would
not fail. Mr. Lohman calculated the pavers needed for the Project and did not notify Mr. Hsu that
it would be paying for a much larger quantity of paver materials than what was needed for the
Project. Mr. Hsu relied on Mr. Booth and Mr. Lohman’s expertise when they developed the means
and methods for the paving system. When Booth allegedly completed the work, it did not meet
industry standards. By failing to provide a product that was free of defects, the Plaintiff breached
its contract with Defendant first. When the project was allegedly completed, Booth took a large
quantity of pavers from the home. Booth misrepresented the amount of pavers needed and paid
02426208
for by Mr. Hsu. Booth failed to conduct itself in good faith as inherent in all contracts in the state
of Florida. Finally, the walkways failed almost immediately after Booth left the Project. Plaintiff
had the opportunity to correct the defect during the Florida Stat. 558 process yet failed to do so.
INTERROGATORY NO. 5
If Yi T. Hsu has denied any of the Requests for Admissions (Plaintiff's Request for Admissions
served on even date herewith), either in whole or in part, please identify each request denied in
whole or in part, and give a complete description of all facts relied upon in making the denial,
along with the names, current addresses and telephone numbers of all persons having knowledge
of those facts and circumstances. Also, identify all documents and tangible items relied upon in
making the denial. If any part of this Interrogatory is answers on information and belief, set forth
the specific information believed, the source of the information, when and in what manner the
information was obtained, and why it is reasonable to believe the information is true.
RESPONSE: See Responses to Admissions. See Response to Interrogatory Number 4.
INTERROGATORY NO. 6
If Yi T. Hsu has denied any of the Requests for Admissions (Plaintiff's Request for Admissions
served on even date herewith), for lack of information or belief, either in whole or in part, please
identify each request and give a detailed, chronological account of every effort made by the
Defendant, Yi T. Hsu, or said Defendant’s attorneys, to inquire into the subject matter of the
request, including the date ofeach such effort, the person making each effort, the substance of
each effort and the information obtained by each effort.
RESPONSE: See Response to Interrogatory Number 5 and 6.
INTERROGATORY NO. 7
With respect to the labor, materials, services and/or equipment that were provided to the project
by Plaintiff, provide a detailed explanation of each alleged defect, that you or your attorneys
believe exists and/or ever existed concerning said labor, materials, services and/or equipment.
Include in your explanation:
a. Each and every defect or incompleteness in the work performed, the specific date upon
which you contend the defective work was performed and each act or omission of
Plaintiff that you contend caused said alleged defect;
The respective date(s) you became aware or each and every alleged defect or
incompleteness;
Whether you or anyone on your behalf made any demand(s) on Plaintiff to remedy the
allegedly defective or incomplete work, and, if so, the date(s) of each such demand, the
person making each such demand, the substance of each such demand, the person to
whom each such demand was made, and whether each such demand was oral or written;
02426208
The actions taken to remedy the allegedly defective or incomplete work, including, but
not limited to, the identity of all person employed to remedy the allegedly defective or
incomplete work;
Any changes, modifications, additions or deletions made to any material installed by
Plaintiff to correct or remedy the allegedly defective or incomplete work, including,
but not limited to:
The precise nature and extent of each such change, modification, addition
or deletion and the specific dates of each such change, modification,
addition or deletion;
i The purpose of intent of each such change, modification, addition or
deletion;
iii. The identity of each person who designed or engineered each such change,
modification, addition or deletion;
iv. The identity of each person who implemented or effected each such change,
modification, addition or deletion;
Whether such change, modification, addition or deletion has been effective
to remedy the allegedly faulty, incomplete or defective work.
f. The total costs and expenses incurred to correct or remedy the allegedly defective or
incomplete work and the precise nature of the costs and expenses, including, but not
limited to, costs and expenses for:
1, Labor;
IL Supervisory personnel;
iii. Material, including the descriptions of all materials purchased;
Iv. Any contracts, including the identity of each contractor and the nature of
the work required under each contract; and
Vv, Any and all related costs and expenses.
Whether you contend that any work performed by Plaintiff is in any way defective or
incomplete as of the date of these Interrogatories and, if so, the precise nature of the
defective or incomplete work and what, if any, actions are being taken to remedy such
alleged defective, incomplete or faulty work;
02426208
The identity of each person known by you to have knowledge of the facts set forth in
your answers in each specific subsection of this Interrogatory; and
The identity of each document or oral communication that relates to or supports your
answers to each specific subsection of this Interrogatory.
RESPONSE: In addition to its general objections, Defendant further objects to this
interrogatory in that it specifically seeks information protected by the attorney client
privilege or work product doctrine. Notwithstanding its objections, Defendant states:
a. Each and every defect or incompleteness in the work performed, the specific date upon
which you contend the defective work was performed and each act or omission of
Plaintiff that you contend caused said alleged defect.
Response: Plaintiff misrepresented how much materials were necessary to
complete the project. Plaintiff failed to address punch list items. The contract
required that Plaintiff install pavers for driveway and walkway hardscape. Booth
only used rebar at the driveway which resulted in cracking and breaking off of the
edges of the walkways on the Project. The physical defects were shown to and
acknowledge by Tom Lohman, Plaintiff's salesman and their installer Domingo.
The product delivered was failing as soon as installed. While Booth came out to
fix other punch list items they did not complete the work. Instead they billed the
project even though it was not completed.
The respective date(s) you became aware or each and every alleged defect or
incompleteness.
Response: The project was not completed properly when Booth was on the Project.
Exact dates are unknown at this time. However, Booth’s subcontractor, Domingo
came to the Project in mid-May, 2017 to address some of the issues but did not
complete the punch list items including broken and incorrectly installed pavers.
Whether you or anyone on your behalf made any demand(s) on Plaintiff to remedy the
allegedly defective or incomplete work, and, if so, the date(s) of each such demand, the
person making each such demand, the substance of each such demand, the person to
whom each such demand was made, and whether each such demand was oral or written.
Response. Defendants complied with the Fl. Stat. 558 process.
The actions taken to remedy the allegedly defective or incomplete work, including, but
not limited to, the identity of all person employed to remedy the allegedly defective or
incomplete work;
Response: Defendant is in the process of getting quotes to repair Plaintiff's work.
It did get a quote from
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e. Any changes, modifications, additions or deletions made to any material installed by
Plaintiff to correct or remedy the allegedly defective or incomplete work, including,
but not limited to:
The precise nature and extent of each such change, modification, addition
or deletion and the specific dates of each such change, modification,
addition or deletion;
I The purpose of intent of each such change, modification, addition or
deletion;
iii. The identity of each person who designed or engineered each such change,
modification, addition or deletion;
IV, The identity of each person who implemented or effected each such change,
modification, addition or deletion;
Whether such change, modification, addition or deletion has been effective
to remedy the allegedly faulty, incomplete or defective work.
Response: As stated above, Defendant is in the process of getting quotes to repair
and developing a scope of work for a paving system that will not fail. Defendant
did get one quote from Eco Pavers Designs LLC, however, after consulting with
other individuals, the scope of repair for a paver system that will not fail has not
bene fully developed.
f. The total costs and expenses incurred to correct or remedy the allegedly defective or
incomplete work and the precise nature of the costs and expenses, including, but not
limited to, costs and expenses for:
1 Labor;
i Supervisory personnel;
iii. Material, including the descriptions of all materials purchased;
iv. Any contracts, including the identity of each contractor and the nature of
the work required under each contract; and
Vv. Any and all related costs and expenses.
Response: As stated above, Defendant is in the process of getting quotes to repair
and developing a scope of work for a paving system that will not fail.
02426208
g. Whether you contend that any work performed by Plaintiff is in any way defective or
incomplete as of the date of these Interrogatories and, if so, the precise nature of the
defective or incomplete work and what, if any, actions are being taken to remedy such
alleged defective, incomplete or faulty work;
Response: See response to 7(a) and (f) above.
The identity of each person known by you to have knowledge of the facts set forth in
your answers in each specific subsection of this Interrogatory; and
Response: See response to Interrogatory 2 and 3 above.
The identity of each document or oral communication that relates to or supports your
answers to each specific subsection of this Interrogatory.
Response: See Fl. Stat. 558 documentation in Plaintiff’s possession and
control, the contract, emails between Plaintiff and Defendant.
INTERROGATORY NO. 8
Describe in detail each and every item of damage which you contend you sustained as a
result of any act or omission on the part of Plaintiff, and for each said item of damage:
Response: As stated above, Defendant is in the process of getting quotes to repair
and developing a scope of work for a paving system that will not fail. Additionally,
Defendant has paid Wean & Malchow to address Isleworth complaints due to Plaintiff's
delays and failure to complete the work.
a. Identify the specific acts or omissions of Plaintiff which you contend caused
such damage;
Response: See responses to interrogatories above.
State in detail the particular dates on which said damages were incurred, the
precise monetary amount of said damages, and the method and figures used to
compute such damages;
Response: See responses to interrogatories above.
Describe in detail all actions taken to avoid or mitigate said items of damage;
Response: The paver edges are broken, there are undulations in the walkways
which is a tripping hazard and the tiles are uneven. As stated above, Defendant
02426208
is in the process of getting quotes to repair and developing a scope of work for
a paving system that will not fail.
Identify each person known by you to have knowledge of the facts set forth in
your answer to this Interrogatory; Response: See responses to Interrogatory
2,3 and 7 above.
Identify each document and oral communication that relates or supports your
answers to this Interrogatory.
Response: See above responses to interrogatory. See pictures taken during
the 558 process taken by Plaintiff.
02426208
TION
HANS HSU
By:
Signature
MAME YH
Printed Name
Title:
St RSEY
‘co
wor to (or uffitmed) dnd subseribed before inethis Ah day of _Tonuany_,
2018 by, Hans Ht as Wir
of Hans Hsu
oe
JAEUN KIM:
Notary Pubilc ~ State of New Jersey
Cotrinlesion Expit 1252022.
ss
we
fey
Sactun Kim
\ Typed or printed name-of Notary
My commission Expired: Feb 2, 202
Personally Known: or Produced Identtification__ Driver's Licance Vv
Type of Identification Produced: Drewes _Litpnce-Cismodtn Flonda)
02426208 10
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Filing #77126120 E-Filed 08/28/2018 03:11:09 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA BOOTH’S COBBLESTONES, INC., a Florida corporation, Plaintiff, CASE NO.: 2017-CA-008091-0 vs. YI T. HSU, a married woman, Defendant. / NOTICE OF FILING ANSWERS TO INTERROGATORIES COMES NOW, the Plaintiff, BOOTH’S COBBLESTONES, INC. (hereinafter sometimes referred to as "Plaintiff"), by and through its undersigned counsel, and hereby gives notice of filing of the following: Answers to Interrogatories served February 6, 2018 and executed under oath by Defendant Yi T. Hsu on February 3, 2018. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 28th day of August, 2018, I electronically filed the foregoing with the Clerk of the Courts by using the State of Florida ePortal system which will send a notice of electronic filing together with a copy of this filing to the following: Beth-Ann Schulman, Esquire Ryan G. Knight, Esquire 800 N. Magnolia Ave., Ste. 430 Orlando, FL 32803 bschulman@boydjen. com rknight @boydjen. com kmccabe@boydjen. com BARRY KALMANS! PROFESSION: By: BARRY [ANSON , ESQUIRE Flor ar oO 0814199 500 rth Maitland Ave., Suite 305 Ma and, Florida 32751 7645-4500 imary e-mail address: k@barrykalmanson.com Secondary e-mail address: pisugg@barrykalmanson.com Attorney for Plaintiff €:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Not Filing2.wpd IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA BOOTH’S COBBLESTONES, INC., Case No: 2017-CA-008091-O a Florida corporation, Plaintiff, V. YIT. HSU, a married woman, Defendant. YLT. HSU’S RESPONSES AND OBJECTIONS TO PLAINTIFF’S FIRST SET OF INTERROGATORIES Yi T. Hsu (“Defendant”), by and through her undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, hereby responds to Booth’s Cobblestones, Inc.’s (“Plaintiff”) First Interrogatories and states as follows: GENERAL STATEMENTS AND OBJECTIONS 1 Defendant objects to responding to any Interrogatory that would require the disclosure of _ privileged information including, without limitation, attorney/client communications. 2. Defendant objects to responding to any Interrogatory that would require the disclosure of any information prepared in anticipation of litigation or for trial without a showing by Plaintiff of undue hardship as required by the Florida Rules of Civil Procedure. 3. Defendant objects to responding to any Interrogatory that would require the disclosure of attorney work product including, without limitation, any information containing or reflecting mental impressions, conclusions, opinions and/or legal theories of any attorney for Defendant. 02426208 4 Defendant states that it has not completed its investigation of the facts related to this action, has not reviewed all documents related to this action, has not interviewed all witnesses in this action, has not completed its discovery in this action, nor has it completed its preparation for trial. Moreover, discovery in this matter is in its infancy and responses to these interrogatories may change as discovery continues. Consequently, the answers to Interrogatories set forth herein are based upon information known or believed by Defendant at the time they prepared these responses. RESPONSES AND OBJECTIONS INTERROGATORY NO. 1 Identify and state the name, address and telephone number of the person or person(s) answering and/or participating in the preparation of the answers to these Interrogatories and, if applicable, state the person’s official position or relationship with you. RESPONSE: clo Hans Hsu Beth-Ann Schulman Boyd & Jenerette, PA 800 N. Magnolia Avenue, Suite 430 Orlando, FL 32803 407-309-4760 INTERROGATORY NO. 2 Identify and state the name, address and telephone number of all persons who are believed or known by you, your agents or your attorneys to have knowledge regarding any facts or issues in this action, including, but not limited to, the claims alleged in the Complaint filed by Plaintiff in this action, the claims alleged in the alleged affirmative defenses herein filed by you, and specific the subject matter about which each person identified has knowledge. RESPONSE: Hans Hsu Beth-Ann Schulman Boyd & Jenerette, PA 800 N. Magnolia Avenue, Suite 430 Orlando, FL 32803 407-309-4760 02426208 Marvin Fellows and John Nimeth Beth-Ann Schulman Boyd & Jenerette, PA 800 N. Magnolia Avenue, Suite 430 Orlando, FL 32803 407-309-4760 Tom Lohman Mark Booth Booth’s Cobblestone Booth’s Subcontractor - Domingo Eco Pavers Designs LLC 2880 David Walker Drive, Suite 145 Eustis, FL 32726 INTERROGATORY NO. 3 Identify and state the name, address and telephone number of every person known to you, or your agents or your attorneys, who has knowledge about or is in possession, custody or control of, any document that pertains to any fact or issue in the Plaintiff's claims herein, the alleged affirmative defenses in this action, and for each person identified, describe as to each what document or documents he/she has. RESPONSE: See response to Interrogatory No. 3 INTERROGATORY NO. 4 Identify all documents (including plans, specifications, special provisions, and the like) that you contend constitute or describe Plaintiff's complete scope of work pursuant to its contract(s) on the project at issue herein, including all change orders and extra work orders thereto. RESPONSE: In addition to its general objections, Defendant also objects to this interrogatory in that it seeks information protected as work product or by the attorney client privilege. Notwithstanding, Mr. Booth and Mr. Lohman met with Hans Hsu on several occasions to develop the paver installation (selection, means and methods) and system for the home at issue in this litigation. Mr. Booth and Mr. Lohman received plans for the project were tasked with developing the proper installation and system for the paver walkways and driveway so that it would not fail. Mr. Lohman calculated the pavers needed for the Project and did not notify Mr. Hsu that it would be paying for a much larger quantity of paver materials than what was needed for the Project. Mr. Hsu relied on Mr. Booth and Mr. Lohman’s expertise when they developed the means and methods for the paving system. When Booth allegedly completed the work, it did not meet industry standards. By failing to provide a product that was free of defects, the Plaintiff breached its contract with Defendant first. When the project was allegedly completed, Booth took a large quantity of pavers from the home. Booth misrepresented the amount of pavers needed and paid 02426208 for by Mr. Hsu. Booth failed to conduct itself in good faith as inherent in all contracts in the state of Florida. Finally, the walkways failed almost immediately after Booth left the Project. Plaintiff had the opportunity to correct the defect during the Florida Stat. 558 process yet failed to do so. INTERROGATORY NO. 5 If Yi T. Hsu has denied any of the Requests for Admissions (Plaintiff's Request for Admissions served on even date herewith), either in whole or in part, please identify each request denied in whole or in part, and give a complete description of all facts relied upon in making the denial, along with the names, current addresses and telephone numbers of all persons having knowledge of those facts and circumstances. Also, identify all documents and tangible items relied upon in making the denial. If any part of this Interrogatory is answers on information and belief, set forth the specific information believed, the source of the information, when and in what manner the information was obtained, and why it is reasonable to believe the information is true. RESPONSE: See Responses to Admissions. See Response to Interrogatory Number 4. INTERROGATORY NO. 6 If Yi T. Hsu has denied any of the Requests for Admissions (Plaintiff's Request for Admissions served on even date herewith), for lack of information or belief, either in whole or in part, please identify each request and give a detailed, chronological account of every effort made by the Defendant, Yi T. Hsu, or said Defendant’s attorneys, to inquire into the subject matter of the request, including the date ofeach such effort, the person making each effort, the substance of each effort and the information obtained by each effort. RESPONSE: See Response to Interrogatory Number 5 and 6. INTERROGATORY NO. 7 With respect to the labor, materials, services and/or equipment that were provided to the project by Plaintiff, provide a detailed explanation of each alleged defect, that you or your attorneys believe exists and/or ever existed concerning said labor, materials, services and/or equipment. Include in your explanation: a. Each and every defect or incompleteness in the work performed, the specific date upon which you contend the defective work was performed and each act or omission of Plaintiff that you contend caused said alleged defect; The respective date(s) you became aware or each and every alleged defect or incompleteness; Whether you or anyone on your behalf made any demand(s) on Plaintiff to remedy the allegedly defective or incomplete work, and, if so, the date(s) of each such demand, the person making each such demand, the substance of each such demand, the person to whom each such demand was made, and whether each such demand was oral or written; 02426208 The actions taken to remedy the allegedly defective or incomplete work, including, but not limited to, the identity of all person employed to remedy the allegedly defective or incomplete work; Any changes, modifications, additions or deletions made to any material installed by Plaintiff to correct or remedy the allegedly defective or incomplete work, including, but not limited to: The precise nature and extent of each such change, modification, addition or deletion and the specific dates of each such change, modification, addition or deletion; i The purpose of intent of each such change, modification, addition or deletion; iii. The identity of each person who designed or engineered each such change, modification, addition or deletion; iv. The identity of each person who implemented or effected each such change, modification, addition or deletion; Whether such change, modification, addition or deletion has been effective to remedy the allegedly faulty, incomplete or defective work. f. The total costs and expenses incurred to correct or remedy the allegedly defective or incomplete work and the precise nature of the costs and expenses, including, but not limited to, costs and expenses for: 1, Labor; IL Supervisory personnel; iii. Material, including the descriptions of all materials purchased; Iv. Any contracts, including the identity of each contractor and the nature of the work required under each contract; and Vv, Any and all related costs and expenses. Whether you contend that any work performed by Plaintiff is in any way defective or incomplete as of the date of these Interrogatories and, if so, the precise nature of the defective or incomplete work and what, if any, actions are being taken to remedy such alleged defective, incomplete or faulty work; 02426208 The identity of each person known by you to have knowledge of the facts set forth in your answers in each specific subsection of this Interrogatory; and The identity of each document or oral communication that relates to or supports your answers to each specific subsection of this Interrogatory. RESPONSE: In addition to its general objections, Defendant further objects to this interrogatory in that it specifically seeks information protected by the attorney client privilege or work product doctrine. Notwithstanding its objections, Defendant states: a. Each and every defect or incompleteness in the work performed, the specific date upon which you contend the defective work was performed and each act or omission of Plaintiff that you contend caused said alleged defect. Response: Plaintiff misrepresented how much materials were necessary to complete the project. Plaintiff failed to address punch list items. The contract required that Plaintiff install pavers for driveway and walkway hardscape. Booth only used rebar at the driveway which resulted in cracking and breaking off of the edges of the walkways on the Project. The physical defects were shown to and acknowledge by Tom Lohman, Plaintiff's salesman and their installer Domingo. The product delivered was failing as soon as installed. While Booth came out to fix other punch list items they did not complete the work. Instead they billed the project even though it was not completed. The respective date(s) you became aware or each and every alleged defect or incompleteness. Response: The project was not completed properly when Booth was on the Project. Exact dates are unknown at this time. However, Booth’s subcontractor, Domingo came to the Project in mid-May, 2017 to address some of the issues but did not complete the punch list items including broken and incorrectly installed pavers. Whether you or anyone on your behalf made any demand(s) on Plaintiff to remedy the allegedly defective or incomplete work, and, if so, the date(s) of each such demand, the person making each such demand, the substance of each such demand, the person to whom each such demand was made, and whether each such demand was oral or written. Response. Defendants complied with the Fl. Stat. 558 process. The actions taken to remedy the allegedly defective or incomplete work, including, but not limited to, the identity of all person employed to remedy the allegedly defective or incomplete work; Response: Defendant is in the process of getting quotes to repair Plaintiff's work. It did get a quote from 02426208 e. Any changes, modifications, additions or deletions made to any material installed by Plaintiff to correct or remedy the allegedly defective or incomplete work, including, but not limited to: The precise nature and extent of each such change, modification, addition or deletion and the specific dates of each such change, modification, addition or deletion; I The purpose of intent of each such change, modification, addition or deletion; iii. The identity of each person who designed or engineered each such change, modification, addition or deletion; IV, The identity of each person who implemented or effected each such change, modification, addition or deletion; Whether such change, modification, addition or deletion has been effective to remedy the allegedly faulty, incomplete or defective work. Response: As stated above, Defendant is in the process of getting quotes to repair and developing a scope of work for a paving system that will not fail. Defendant did get one quote from Eco Pavers Designs LLC, however, after consulting with other individuals, the scope of repair for a paver system that will not fail has not bene fully developed. f. The total costs and expenses incurred to correct or remedy the allegedly defective or incomplete work and the precise nature of the costs and expenses, including, but not limited to, costs and expenses for: 1 Labor; i Supervisory personnel; iii. Material, including the descriptions of all materials purchased; iv. Any contracts, including the identity of each contractor and the nature of the work required under each contract; and Vv. Any and all related costs and expenses. Response: As stated above, Defendant is in the process of getting quotes to repair and developing a scope of work for a paving system that will not fail. 02426208 g. Whether you contend that any work performed by Plaintiff is in any way defective or incomplete as of the date of these Interrogatories and, if so, the precise nature of the defective or incomplete work and what, if any, actions are being taken to remedy such alleged defective, incomplete or faulty work; Response: See response to 7(a) and (f) above. The identity of each person known by you to have knowledge of the facts set forth in your answers in each specific subsection of this Interrogatory; and Response: See response to Interrogatory 2 and 3 above. The identity of each document or oral communication that relates to or supports your answers to each specific subsection of this Interrogatory. Response: See Fl. Stat. 558 documentation in Plaintiff’s possession and control, the contract, emails between Plaintiff and Defendant. INTERROGATORY NO. 8 Describe in detail each and every item of damage which you contend you sustained as a result of any act or omission on the part of Plaintiff, and for each said item of damage: Response: As stated above, Defendant is in the process of getting quotes to repair and developing a scope of work for a paving system that will not fail. Additionally, Defendant has paid Wean & Malchow to address Isleworth complaints due to Plaintiff's delays and failure to complete the work. a. Identify the specific acts or omissions of Plaintiff which you contend caused such damage; Response: See responses to interrogatories above. State in detail the particular dates on which said damages were incurred, the precise monetary amount of said damages, and the method and figures used to compute such damages; Response: See responses to interrogatories above. Describe in detail all actions taken to avoid or mitigate said items of damage; Response: The paver edges are broken, there are undulations in the walkways which is a tripping hazard and the tiles are uneven. As stated above, Defendant 02426208 is in the process of getting quotes to repair and developing a scope of work for a paving system that will not fail. Identify each person known by you to have knowledge of the facts set forth in your answer to this Interrogatory; Response: See responses to Interrogatory 2,3 and 7 above. Identify each document and oral communication that relates or supports your answers to this Interrogatory. Response: See above responses to interrogatory. See pictures taken during the 558 process taken by Plaintiff. 02426208 TION HANS HSU By: Signature MAME YH Printed Name Title: St RSEY ‘co wor to (or uffitmed) dnd subseribed before inethis Ah day of _Tonuany_, 2018 by, Hans Ht as Wir of Hans Hsu oe JAEUN KIM: Notary Pubilc ~ State of New Jersey Cotrinlesion Expit 1252022. ss we fey Sactun Kim \ Typed or printed name-of Notary My commission Expired: Feb 2, 202 Personally Known: or Produced Identtification__ Driver's Licance Vv Type of Identification Produced: Drewes _Litpnce-Cismodtn Flonda) 02426208 10