Form 3:10-3 Complaint Breach of (Construction) Contract IN THE CIRCUIT COURT OF THE ## JUDICIAL CIRCUIT IN AND FOR [COUNTY],

, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. ################ ## [PLAINTIFF #1] and [PLAINTIFF #2], Plaintiffs, v. [DEFENDANT], a foreign corporation, d/b/a [DEFENDANT], Defendant. _____________________________________/ COMPLAINT [PLAINTIFF #1] and [PLAINTIFF #2] (Plaintiffs) hereby make the following allegations against [DEFENDANT] (Defendant), and state as follows: INTRODUCTION 1. This is an action to recover damages resulting from Defendants breach of contract. JURISDICTION AND VENUE 2. This Court has jurisdiction over this dispute because this complaint seeks damages in

excess of $15,000, exclusive of interest and attorneys fees. 3. Venue is proper in [COUNTY], Florida because the acts and transactions complained of

herein occurred within [COUNTY], Florida. PARTIES 4. Plaintiffs are residents of [COUNTY], Florida, are over the age of eighteen, and

are otherwise sui juris. 5. Defendant is a foreign corporation which maintains offices in [COUNTY], Florida.

SUBSTANTIVE ALLEGATIONS 6. 7. Plaintiffs own a home located at [ADDRESS], [CITY], FL [ZIP CODE]. The roof on Plaintiffs home was damaged during [HURRICANE], which

occurred on [DATE]. 8. home. 9. representative In [DATE], Plaintiffs met with [DEFENDANTS REPRESENTATIVE], a of [DEFENDANT]. [DEFENDANTS REPRESENTATIVE] told the Plaintiffs interviewed [DEFENDANT] to conduct the roof repairs for Plaintiffs

[PLAINTIFFS] that their home required a roof replacement, and that [DEFENDANT] would use the best available materials and labor to replace the [DEFENDANTS] roof. 10. In reliance on [DEFENDANTS REPRESENTATIVE]s representations, the

[PLAINTIFFS] entered a contract with [DEFENDANT] on [DATE]. See Contract attached hereto as Exhibit A. 11. The Contract required [DEFENDANT] to replace the [PLAINTIFFS] roof, and

to provide all of the labor and materials to do so. 12. The Contract required [DEFENDANT] to use [MATERIAL AND METHOD].

See Contract, Exhibit A. 13. 14. [DESCRIPTION OF MATERIAL AND METHOD]. [DEFENDANT] agreed to accept as compensation whatever amount the

[PLAINTIFFS] insurer agreed to pay for the roof replacement less the [PLAINTIFFS] deductible. 15. The market value for a roof replacement for the [PLAINTIFFS] roof, including

removal of the existing tile, installation of a new underlayment system, installation of new tile, permitting, and all associated labor and materials, was approximately $__________. 16. [DEFENDANT] removed the existing tile from the [PLAINTIFFS] roof, and

installed an underlayment system on the roof. 17. Each time that [DEFENDANT] asked the [PLAINTIFFS] to pay

[DEFENDANT], the [PLAINTIFFS] did so, and without question. 18. The [PLAINTIFFS] paid [DEFENDANT] $__________ on [DATE],

$__________ on [DATE], and $__________ on [DATE], for a total of $__________. 19. [DEFENDANT] did not install [MATERIAL] in accordance with the Contract or

the building code. 20. The contract required [DEFENDANT] to use [MATERIAL]. This is the only

plausible and reasonable reading the contractual language requiring [DEFENDANT] to install [MATERIAL]. 21. roof. 22. Moreover, [DEFENDANT] did not install any of the [MATERIAL] on the roof [DEFENDANT], however, did not use any [MATERIAL] on the [PLAINTIFFS]

using [METHOD]. Instead, [DEFENDANT] used [METHOD] for the entire roof. 23. By failing to use any [MATERIAL], and failing to use [METHOD],

[DEFENDANT] breached the Contract, and such breaches are material. 24. Instead of using [MATERIAL], as required by the Contract, [DEFENDANT] used

[MATERIAL]. 25. The building code does not allow for the installation of [MATERIAL]. Thus,

[DEFENDANT] breached the Contract not only by not installing the [MATERIAL] required by the plain language of the Contract, but also by installing [MATERIAL] that does not satisfy the building code. This breach is material. 26. Further, [DEFENDANT] also breached the Contract because the [MATERIAL]

does not comply with the requirements set by the manufacturer of the [MATERIAL]. This breach is material.

27.

Further, the building code requires roofers that replace flat roofs to either: (a)

replace all of the wood on the flat roof or (b) renail the existing flat roof in accordance with the current building code if the roof is not already nailed according to such code. If the roofer follows subparagraph (b) of this paragraph, the roofer is required to file what is commonly called a nailing affidavit with the building department. 28. [DEFENDANT] did not replace all of the wood on the flat portion of the

[PLAINTIFFS] roof, and did not file a nailing affidavit. This breach is material. 29. Finally, [DEFENDANT] breached the Contract by failing to properly install the The installation was not properly completed because: [DESCRIBE

[MATERIAL].

DEFICIENCIES]. These breaches are, individually and collectively, material. 30. Prior to filing this lawsuit, the [PLAINTIFFS] demanded that [DEFENDANT]

remedy the breaches by removing the existing [MATERIAL] installed by [DEFENDANT] and replacing it with the [MATERIAL] required by the Contract or paying the [PLAINTIFFS] a sufficient sum to allow another roofer to do so. [DEFENDANT] refused this request. 31. On [DATE], the [PLAINTIFFS] counsel advised [DEFENDANT]s counsel via a

letter, delivered via email, fax and mail on that date, that if [DEFENDANT] did not accept one of the alternatives described in the paragraph immediately above, the [PLAINTIFFS] would hire another roofer to remove the [MATERIAL] installed by [DEFENDANT] and start the job anew, and thus invited [DEFENDANT] to visit the [PLAINTIFFS] residence to conduct an inspection and testing before [DEFENDANT]s [MATERIAL] was removed. See [DATE] letter attached hereto as Exhibit B. The [PLAINTIFFS] set an initial deadline of [DATE] for [DEFENDANT] to inspect and test the roof, and also advised [DEFENDANT]s counsel that the [PLAINTIFFS] would entertain a request for a reasonable extension of time beyond [DATE] if [DEFENDANT] so requested. 32. As of the filing of this lawsuit, [DEFENDANT] has not requested to inspect or

test the roof, and has not asked for an extension of the [DATE] deadline.

COUNT IBREACH OF CONTRACT 33. Plaintiffs reallege and incorporate the allegations set forth above in paragraphs 1-

32 above as if set forth herein in full. 34. 35. 36. Plaintiffs and Defendant are parties to a Contract. See Exhibit A. Defendant breached the Contract, and the breach is material. Defendants breach of contract caused Plaintiffs to suffer damages.

WHEREFORE, Plaintiffs [PLAINTIFF #1] and [PLAINTIFF #2] demand damages against Defendant [DEFENDANT] for breach of contract. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury on all issues so triable. Respectfully Submitted: [NAMES] Attorneys for Plaintiffs [ADDRESS] (###) ###-#### (###) ###-#### (fax) By: _______________________ [NAME] Fla. Bar No.: #####