Application for Right to Attach Order/Writ of Attachment filed by Plaintiff BTP, Inc.
In 2011, Plaintiff BTP, Inc. was hired by Defendant Garden Park Townhomes Association to repair and/or replace “certain wood with stucco and foam enhancements” pursuant to a written agreement.
In 2015, Plaintiff and Defendant entered into a promissory note under which Defendant would make monthly payments of $20,000 to BTP for work already performed and work to be performed.
Plaintiff claims that Defendant has not paid for the work performed and asserts the following six causes of action: (1) Breach of Contract; (2) Breach of Promissory Note; (3) Breach of Implied Covenant of Good Faith and Fair Dealing; (4) Common Count – Reasonable Value of Services; (5) Common Count – Open Book Account; and (6) Common Count – Account Stated.
By this motion, Plaintiff BTP, Inc. moves for a Right to Attach Order in the amount of $1,797,498.47 ($1,048,975.98 principal plus $159,422.49 in interest; $100,000 in late fee