SHAF - December Amended Complaint 11-15-23

FILED
11/21/2023 2:11 PM
ERIN CARTWRIGHT WEINSTEIN
Clerk of the Circuit Court
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE
Lake County, Illinois
COUNTY, ILLINOIS
DANIEL ETOH, TONIA ETOH,

JAMES AKMAKJIAN, and ANNAMARIE
STORNELLO,
Plaintiffs,
vs.
ADAM SHAF, DEREK SHAF, DEBRA SHAF,

SAMUEL KIM, BACKYARD ESCAPE LLC,
an Illinois Limited Liability Company,
BUILD N BUILD LLC, an Illinois Limited Liability
Company, LAKE ZURICH BUILDING GROUP
LLC, an Illinois Limited Liability Company,
LUXE DESIGN BUILD GROUP BY SHAF LLC Case No. 2023 LA 604
d/b/a LUXE DESIGN BUILD GROUP, an Illinois
Limited Liability Company, SHAF BUILDERS,
an Illinois Business, ZURICH BUILDERS,
an Illinois Business, LZ BUILDING ADVISOR,
an Illinois Business, LA BELLE ET LA BETE
INTERIOR DESIGN, an Illinois business,
TRANSFORMATIONS HOME, an Illinois
Business, EPOXY FLOOR TECH LLC,
an Illinois business and BYE CONSTRUCTION,
an Illinois business.
Defendants.
FIRST AMENDED COMPLAINT AT LAW
NOW COME Plaintiffs, DANIEL ETOH, TONIA ETOH, JAMES AKMAKJIAN and
ANNAMARIE STORNELLO, by and through their attorneys, TORRES LAW, LLC, and for their
Complaint at Law against Defendants, ADAM SHAF, DEREK SHAF, DEBRA SHAF, SAMUEL
KIM, BACKYARD ESCAPE LLC, an Illinois Limited Liability Company, BUILD N BUILD
LLC, an Illinois Limited Liability Company, LAKE ZURICH BUILDING GROUP LLC, an
Illinois Limited Liability Company, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
LUXE DESIGN BUILD GROUP, an Illinois Limited Liability Company, SHAF BUILDERS, an
1
Illinois business, ZURICH BUILDERS, an Illinois business, LZ BUILDING ADVISOR, an
Illinois business, TRANSFORMATIONS HOME, an Illinois business, BYE CONSTRUCTION,
an Illinois Business (collectively “Defendant businesses”), and LA BELLE ET LA BETE
INTERIOR DESIGN, an Illinois business, and EPOXY FLOOR TECH, LLC (both individually
referred to as “Defendant Company”) state as follows:
NATURE OF THE ACTION
1. This is an action seeking the determination and corresponding relief relative to claims for
breach of contract, misrepresentation, fraud, negligence, joint venture, vicarious liability and
violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505).
PARTIES, JURISDICTION, AND VENUE
2. At all times relevant, Plaintiff, DANIEL ETOH, resided in the County of Lake and State
of Illinois.
3. At all times relevant, Plaintiff, TONIA ETOH, resided in the County of Lake and State of
Illinois.
4. At all times relevant, Plaintiff, JAMES AKMAKJIAN, resided in the County of Lake and
State of Illinois.
5. At all times relevant, Plaintiff, ANNAMARIE STORNELLO, resided in the County of
Lake and State of Illinois.
6. At all times relevant, Defendant, ADAM SHAF, was conducting ongoing business and/or
resided in the County of Lake and State of Illinois.
7. At all times relevant, Defendant, DEREK SHAF, was conducting ongoing business and/or
2
8. At all times relevant, Defendant, DEBRA SHAF, was conducting ongoing business and/or
9. At all times relevant, Defendant, SAMUEL KIM, was conducting ongoing business
and/or resided in the County of Lake and State of Illinois.
10. At all times relevant, Defendant, BACKYARD ESCAPE LLC, was an Illinois limited
liability company that conducted business in the County of Lake and State of Illinois.
11. At all times relevant, Defendant, ZURICH BUILDERS, was an Illinois business that
conducted business in the County of Lake and State of Illinois.
12. At all times relevant, Defendant, SHAF BUILDERS, was an Illinois company that
13. At all times relevant, Defendant, BUILD N BUILD LLC, was an Illinois limited liability
company that conducted business in the County of Lake and State of Illinois.
14. At all times relevant, Defendant, LAKE ZURICH BUILDING GROUP LLC, was an
Illinois limited liability company that conducted business in the County of Lake and State of
Illinois.
15. At all times relevant, Defendant, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
LUXE DESIGN BUILD GROUP, was an Illinois limited liability company that conducted
business in the County of Lake and State of Illinois.
16. At all times relevant, Defendant, LZ BUILDING ADVISORS, was an Illinois company
that conducted business in the County of Lake and State of Illinois.
17. At all times relevant, Defendant, TRANSFORMATIONS HOME, was an Illinois company
that conducted business in the County of Lake and State of Illinois.
3
18. At all times relevant, Defendant, BYE CONSTRUCTION, was an Illinois company that
19. At all times relevant, Defendant, EPOXY FLOOR TECH LLC, was an Illinois company
that conducted business in the County of Cook and State of Illinois.
20. At all times relevant, one or more of the aforementioned businesses Defendants were
owned, operated, managed, and/or maintained by Defendant, ADAM SHAF.
21. At all times relevant, one or more of the aforementioned businesses were owned, operated,
managed, and/or maintained by Defendant, DEREK SHAF.
22. At all times relevant, one or more aforementioned businesses were owned, operated,
managed, and/or maintained by Defendant, DEBRA SHAF.
23. Pursuant to 735 ILCS 5/2-209, jurisdiction is proper in Illinois because all of the events
and Defendants reside in the State of Illinois.
24. Pursuant to 735 ILCS 5/2-101, venue is proper in the Circuit Court of Lake County because
all of the events giving rise to this action took place in Lake County, Illinois and all of the
Defendants reside or conduct business in Lake County, Illinois.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
25. Defendant, ADAM SHAF, conducts business as a general contractor, project manager
and/or consultant for various construction projects for residential properties throughout Lake and
Cook County, Illinois.
26. Upon information and belief, Defendant, DEREK SHAF, is the brother of Defendant,
ADAM SHAF, and actively participates in and assists ADAM SHAF with construction services
provided by or facilitated by one or more of the Defendant businesses.
4
27. Defendant, DEREK SHAF, also assists Defendant, ADAM SHAF, with managing and/or
organizing certain aspects of the construction projects for one or more of the Defendant businesses.
28. Defendant, DEREK SHAF, is the owner, manager, and/or agent of the Defendant business,
EPOXY FLOOR TECH LLC. (See http://garagefloorplan.com/).
29. Defendant, SAMUEL KIM, is the owner, manager, and/or agent of the Defendant business,
BUILD N BUILD. (See Illinois Secretary of State Business Search of Build N Build herein
attached as Exhibit 1).
30. Upon information and belief, Defendants, Adam SHAF and/or DEREK SHAF, owned,
operated, managed, maintained, and/or were agents for Defendants, BACKYARD ESCAPE LLC,
BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD
GROUP BY SHAF d/b/a LUXE DESIGN BUILD GROUP, LLC, SHAF BUILDERS, ZURICH
BUILDERS, LZ BUILDING ADVISORS, TRANSFORMATIONS HOME and BYE
CONSTRUCTION. (See https://adamshaf.com/, Transformations Home/Backyard Escape LLC
Social Media Posts, and Illinois Secretary of State Searches herein attached as Exhibit 2).
31. Defendant, ADAM SHAF, is the president and/or manager of BACKYARD ESCAPE
LLC, and TRANSFORMATIONS HOME.
32. Defendant, DEREK SHAF, is listed as the agent for BACKYARD ESCAPE LLC. Ex.1.
33. Defendants, ADAM SHAF and SAMUEL KIM, are business partners and utilize the
Defendant business, BUILD N BUILD LLC, to conduct construction and remodeling services for
clients. (See Build N Build Invoice herein attached as Exhibit 3).
34. Defendant, SAMUEL KIM, is also a point of contact and authorized agent of Build N Build
for said construction and remodeling projects. Ex.3.
5
35. On information and belief, on or about September 18, 2023, Defendant, ADAM SHAF,
created the business BYE CONSTRUCTION which shares the website backyardscape.org and
lists its address as 830 Illinois Route 22, Unit 636, Lake Zurich, Illinois. (See Facebook Post
Screenshots herein attached as Exhibit 4).
36. From time to time, Defendant, BACKYARD ESCAPE LLC, hires, employs and/or utilizes
Defendant, EPOXY FLOOR TECH LLC, to assist with home renovation and remodeling
contracts.
37. From time to time, Defendant, ADAM SHAF, hires Defendant, DEREK SHAF, to assist
with home renovation and modeling contracts for one or more of the Defendant businesses.
38. Defendant, DEBRA SHAF, is the wife of Defendant, ADAM SHAF, and actively
participates in the promotion, partnership, management, and/or ownership of one or more of the
Defendant Businesses. (See Debra Shaf and La Belle Et La Bete Facebook Post Screenshots herein
39. Defendant, DEBRA SHAF, is the owner, partner, manager, agent, and/or representative of
the interior design business, LA BELLE ET LA BETE. Ex. 5.
40. Defendant, DEBRA SHAF, provides interior design services through LA BELLE ET LA
BETE. Ex. 5.
41. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, assist and/or collaborate and
partner with Defendant Businesses and Defendants, DEREK SHAF and ADAM SHAF, on
construction projects and remodeling homes. (See Transformations.home/Backyard Escapes Reel
by Debra Shaf herein attached as Exhibit 6).
6
42. Defendant, DEBRA SHAF, promotes, markets, and advertises on behalf of one or more of
the Defendant Businesses on her social media accounts, including Facebook and Instagram in an
ongoing effort to gain business. Ex.5. and Ex. 6.
43. Upon information and belief, all of the aforementioned Defendant businesses are either a
successor, partner, or replacement business once a former company has dissolved or went out of
business. (See August 24, 2023 Adam Shaf Texts herein attached as Exhibit 7).
44. Upon information and belief, prior to October 2022, Defendant, ADAM SHAF,
consistently created new businesses under various names, including the aforementioned Defendant
businesses to avoid litigation, dodge pending judgments and lis pendens notices, or paying
outstanding invoices relative to past construction projects.
45. Upon information and belief, Defendant, ADAM SHAF, consistently used the
aforementioned Defendant businesses to generate invoices to appear like a legitimate business.
(See Etoh Invoices herein attached as Exhibit 8).
46. Upon information and belief, Defendant, ADAM SHAF, has held himself out as a general
contractor with over twenty years of experience. (See Social Media Postings herein attached as
Exhibit 9).
47. At all times relevant, one or more of the Defendant Businesses were utilizing the following
addresses to conduct business and generate invoices for clients: 258 Clair View Court, Lake
Zurich, Illinois 60047; 33 Deverell, Barrington Illinois, 60010; and 830 W IL-22 Unit 263, Lake
Zurich, Illinois 60047 (UPS P.O. Box). Ex.6.
48. On September 24, 2015, Defendants, ADAM SHAF and DEBRA SHAF, issued and
recorded a quit claim deed to CHICAGO TITLE AND LAND TRUST, an Illinois Corporation for
7
their property located at 258 Clair View Court, Lake Zurich, Illinois 60047. (See Quit Claim Deed
herein attached as Exhibit 10).
A. Plaintiffs Daniel and Tonia Etoh
49. Plaintiffs, DANIEL ETOH, and TONIA ETOH, currently reside in Hawthorn Woods,
Illinois.
50. Sometime prior to May 26, 2023, Plaintiffs, DANIEL ETOH and TONIA ETOH, agreed
to hire a general contractor to oversee and assist with completing upgrades and improvements to
their property.
51. Specifically, Plaintiffs, DANIEL ETOH and TONIA ETOH, were interested in erecting a
pergola, an outdoor kitchen, a patio area, and a swimming pool with water features, among other
improvements to their backyard.
52. On or prior to May 26, 2023, Defendant, ADAM SHAF, drafted an agreement to present
to the Plaintiffs for the construction project of the Plaintiffs’ backyard.
53. On or about June 1, 2023, Plaintiffs, DANIEL ETOH and TONIA ETOH, and Defendants,
ADAM SHAF and BACKYARD ESCAPE LLC, executed a contract for various construction
services to upgrade and improve their backyard. (See Contract herein attached as Exhibit 11).
54. According to the Contract, Defendants, ADAM SHAF and BACKYARD ESCAPE LLC,
was assigned as the general contractor for all associated construction services rendered to the
property.
55. According to the Contract, Section 2 states, “Builder [Contractor] shall submit invoices to
owner under this agreement of the contract in progressive payments based on the stages of
construction and upon completion of said stages.” Ex. 11.
8
56. According to Section 3 of the contract, “Builder shall be subject to a penalty of $50/day
for non-completion per schedule.” Ex. 11.
57. Section 4 also states,
The work to be performed under this Agreement shall commence on and be

completed per the construction schedule provided by the builder to the Owner at the
time the permit is obtained. Construction of the pool shall take no more than 45 days
[(60 days was crossed out)] from the time of this agreement, and any water features
or other options shall be added to the contract in an addendum based on time to
perform the proposed added work productively[….] Date of completion shall be
provided at time of agreement approval. Ex. 11. (Emphasis added).
58. According to Section 6,
Builder shall:
i. Complete all work in good and workmanlike manner using new materials
and in compliance with all plans and specifications provided to Builder and
with building codes and other applicable laws. Any work that is not in
accordance with plans and specifications will be the responsibility of the
builder to repair or replace, including all material and labor costs.
ii. Furnish a competent individual who shall be present at job site during
performance of the work.
iii. Cooperate with Owner and all others whose work may interfere with,
relate to or depend on Builder’s work. Ex. 11. (Emphasis added).
59. Section 7 states in the relevant part, “[b]uilder shall provide all guarantees, warranties, and
other maintenance agreements as required in specifications for all work performed.” Ex. 8.
60. Section 9 indicates that “Builder and subcontractors shall at their sole cost and expense
provide evidence of insurance as provided in Exhibit attached hereto and made a part hereof.” (See
the Insurance Document herein attached as Exhibit 12).
61. The termination clause found in Section 10 of the Agreement states,
With reasonable cause, either the Owner or Builder may terminate this agreement
effective immediately by giving written notice of cause for termination. Reasonable
cause is defined as (i) a material violation of this Agreement [….] Ex. 11. (Emphasis
added).
9
62. Lastly, Section 12 states in the relevant part,
If the Builder fails to supply enough properly skilled workers, proper materials or maintain
the schedule of work, or if Builder fails to pay its workers, sub-contractors or supplies, or
commits an act of bankruptcy, or is otherwise guilty of a material breach of provisions of
this agreement, Builder shall be in default. If the Builder fails to correct such default
within (10) ten days after written notice, then the Owner shall have the right to complete
the Work in his best interest; to charge the costs thereof to the Builder, to contract with other
subcontractors; to withhold payment pending completion of corrective action; and/or
terminate this agreement. (Emphasis added).
Owner may suspend or terminate Builder’s Work at any time that it reasonably believes
Builder is not performing according to the schedule established or fails to satisfy the
requirements of this agreement and corrections have not been timely made after notice
from Owner to Builder. Ex. 11. (Emphasis added).
63. As part of the Contract, Defendants, ADAM SHAF, DEREK SHAF, and BACKYARD
ESCAPE LLC, were responsible for providing proper documentation evidencing proper insurance
coverage for the construction project of the backyard. Ex.11 and 12.
64. Defendants provided a typed document of the alleged insurance coverage that they had for
the project which was named EXHIBIT B as an attachment to the contract. Ex. 12.
65. Defendants held out and represented to Plaintiffs, DANIEL ETOH and TONIA ETOH,
that EXHIBIT B memorialized a real insurance policy evidencing proper insurance coverage for
construction of the home.
66. Defendants never provided a copy of the corresponding insurance policy or certification
establishing that the insurance coverage alleged in EXHIBIT B was legitimate and that the
property was properly insured against potential risks of litigation for the construction project.
67. From May 26, 2023 to July 31, 2023, Plaintiffs issued checks totaling $251,621.65 as a
downpayment for improvements to the backyard, specifically the swimming pool and pergola.
68. During the aforementioned time, Defendants, ADAM SHAF and SAMUEL KIM, oversaw,
managed, and worked with the subcontractors and suppliers to conduct the project. Ex. 7.
10
69. At the time of signing on June 1, 2023, Plaintiff TONIA ETOH, struck out the timeline of
60 days to complete the construction of the pool and wrote “45 days” in its place immediately
before signing and returning the agreement to Defendant, ADAM SHAF, within Section 4.
EXHIBIT 13
70. Accordingly, Defendants had until July 10, 2023 to complete the construction of the pool.
71. Originally, the agreement stated sixty (60) days which would mean that the construction of
the pool would have had to be completed on July 26, 2023.
72. On July 10, 2023, Defendants failed to complete the construction of the pool.
73. On July 25, 2023, Defendants failed to complete the construction of the pool.
74. However, the version of the agreement that Defendant, ADAM SHAF, allegedly signed on
June 8, 2023, states otherwise.
75. According to Defendant, ADAM SHAF’s version of the contract, the construction of the
project shall take no more than ninety (90) days from the time of the agreement.
EXHIBIT 14
76. Ninety (90) days from May 26, 2023 is August 24, 2023.
11
77. On August 24, 2023, the construction of the pool had not been completed.
78. Additionally, over several weeks in August 2023, Plaintiffs continuously requested
Defendant, ADAM SHAF, to provide the original version of the agreement that he signed.
79. After stalling and continuously delaying producing the agreement, Defendant, ADAM
SHAF, finally provided his alleged version of the agreement on August 16, 2023. See August 16,
2023 Email herein attached as Exhibit 12.
Scheduling and Invoices
80. According to the document Schedule for Project Exhibit A, the agreement in question was
expected to be signed on April 19, 2023. (See Schedule for Project Exhibit A herein attached as
Exhibit 15).
81. The schedule also states that between May 10, 2023 and May 12, 2023, Defendant,
BACKYARD ESCAPE LLC, was going to “Inspect and pour concrete for pergola footings and
kitchen and pool pad.” Ex. 15.
82. It also stated that the pergola would be installed on May 22, 2023 and that all outdoor work
would be completed between June 23, 2023 and July 14, 2023. Ex.15.
83. At no point in time were there any third-party delays or unexpected weather conditions that
prevented Defendant, BACKYARD ESCAPE LLC, from timely completing the listed deadlines
for the project.
84. At no point in time did Defendant, BACKYARD ESCAPE LLC, express any factors or
conditions that would prevent it from timely completing the listed deadlines for the project.
85. After various deadlines for the project were not met, Plaintiff, TONIA ETOH, asked
Defendant, ADAM SHAF, to provide her with all invoices from the subcontractors and vendors
to address her suspicion and concerns about whether the subcontractors and vendors had been paid.
12
86. Specifically, Plaintiff, TONIA ETOH, requested the invoice for the pergola she paid over
Thirty-Nine Thousand Dollars ($39,000) for that was promised to be erected before August 1,
2023 and which was never installed.
Fraudulent Activity
87. Out of concern that time was passing by without numerous deadlines being met for the
backyard project, Plaintiff, TONIA ETOH, began investigating Defendants, ADAM SHAF,
DEBRA SHAF, and DEREK SHAF, as well as the aforementioned Defendant businesses.
88. Upon investigation, Plaintiff, TONIA ETOH, discovered a website
(https://adamshaf.com/) that contained various information about how the Defendants had
scammed other consumers and subcontractors out of money related to backyard and other
construction projects that were never completed or paid for.
89. Plaintiff, TONIA ETOH, also discovered that various Better Business Bureau and
Attorney General complaints had been filed against him for similar issues.
90. From August 1, 2023 to August 30, 2023, Plaintiff, TONIA ETOH, repeatedly pled with
Defendant, ADAM SHAF, to provide assurance in the form of paid invoices to verify that the
money she rendered at that point (over $300,000.00) for all project work on the property was paid
for and that each vendor and subcontractor had their invoices satisfied.
91. However, Defendant, ADAM SHAF, refused to provide the subcontractor and vendor
invoices.
92. On August 31, 2023, after a formal demand was made for the invoices and return of
deposits made for future work, Defendant, ADAM SHAF, only provided invoices from
Defendants, BACKYARD ESCAPE LLC and ADAM SHAF, that were stamped “Paid”, as well
as an estimate, and unpaid invoice. Ex.8.
13
93. Defendant, ADAM SHAF, did not provide any of the requested vendor and subcontractor
paid invoices and has yet to do so.
94. Further, the three addresses listed on the invoices from Defendants, BACKYARD
ESCAPE LLC and ADAM SHAF, to the Plaintiffs were a UPS PO BOX (830 W. Illinois Route
22, Unit 263, Lake Zurich, Illinois 60047), his residential address 258 Clair View Court Lake
Zurich, Illinois 60047, and an empty lot (33 Deverell, Barrington, Illinois 60010). Ex.8.
95. On August 31, 2023, Plaintiff, TONIA ETOH, had a phone call with one of the vendors,
Pool Cover Pros, Inc. who informed her that they had received a check she wrote in the amount of
Six Thousand Nine Hundred Sixty-Nine Dollars and Three Cents ($6,969.03) as a deposit for a
pool auto-cover but never cashed it.
96. However, Invoice #28 indicates that Pool Cover Pros Inc. was paid $6,969.03 for the cover.
Ex. 8.
97. One of the Pool Cover Pros, Inc representatives informed her that they had not cashed the
check or shipped the parts for the cover since Defendant, ADAM SHAF, still owed them for
previous client projects and refused to do any work until those balances were satisfied.
98. Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, never completed the work
they promised to perform and Plaintiffs, DANIEL ETOH and TONIA ETOH, were forced to find
replacement vendors and a new general contractor to complete the outstanding work.
B. Plaintiff James Akmakjian
99. On April 20, 2023, Plaintiff, JAMES AKMAKJIAN, was provided a proposal from
Defendant, BACKYARD ESCAPE LLC, to perform various renovations and remodeling to his
backyard and pool located in Long Gove, Illinois. (See Akmakjian Proposal herein attached as
Exhibit 16).
14
100. As part of the proposal, Plaintiff, JAMES AKMAKJIAN, was given a detailed list of all
renovations BACKYARD ESCAPE LLC promised to perform along with a list of all materials
needed, blueprints, and designs for the backyard and pool.
101. According to the proposal, the cost of the entire project would cost approximately Two
Hundred Sixty Thousand Dollars ($260,000.00). Ex. 16.
102. The last paragraph of the proposal that was signed by Plaintiff, JAMES AKMAKJIAN,
and Defendant, ADAM SHAF, as President of BACKYARD ESCAPE LLC states “Upon
agreement of this project and start of planning and upon acceptance of the design and proposal we
would ask for $7,500.00 for the start of planning and preparing engineering and construction
plans.” Ex. 16.
103. On the same day, both Plaintiff, JAMES AKMAKJIAN and Defendants, BUILD N BUILD
and BACKYARD ESCAPE LLC, via Defendant, ADAM SHAF, entered into a contract for the
construction and remodeling of the pool and backyard. (See Akmakjian Contract herein attached
as Exhibit 17).
104. Said contract contains the same terms as Plaintiffs, DANIL ETOH and TONIA ETOH’s
contract including ADAM SHAF’s drafted EXHIBIT B “memorializing” insurance coverage. Ex.
11 and 17.
105. According to the proposal and contract, Plaintiff, Defendant, ADAM SHAF, signed under
the name “Adam Schaf” and as President of Backyard Escape LLC. (See Adam Shaf Aliases herein
106. Defendant, ADAM SHAF, also advised the Plaintiff before beginning the project that he
has been a builder for twenty (20) years and that he was starting a new company by the name
15
“BACKYARD ESCAPE LLC” to specifically build swimming pools. (See Adam Shaf Facebook
Posting to Buffalo Grove Neighbors herein attached as Exhibit 19).
107. Defendant, ADAM SHAF, also held out and represented to Plaintiff, JAMES
AKMAKJIAN, that EXHIBIT B was a valid representation of real insurance coverage for his
property in order to undergo construction when there was not.
108. At the time of contracting, Defendant, ADAM SHAF, assured Plaintiff, JAMES
AKMAKJIAN, that the money would be maintained in an escrow account and used for the
construction of the pool.
109. At all times relevant, Defendants, ADAM SHAF, BUILD N BUILD and SAMUEL KIM,
intended and planned to work as partners and managers for this project.
110. Although Plaintiff, JAMES AKMAKJIAN, made diligent efforts to conduct a background
check of Defendant, ADAM SHAF, by searching the name “Adam Schaf”, no record or history of
the company “Backyard Escape LLC”, “Adam Schaf”, or history of any work product was found.
Ex.18.
111. During the construction project, Defendant, ADAM SHAF, attempted to apply for and
obtain two (2) permits from the Village of Long Grove necessary for the project. However,
Defendant, ADAM SHAF, failed to obtain the permits.
112. On or about June 7, 2023, Plaintiff, JAMES AKMAKJIAN, hired architect Group A
Architecture Inc. to conduct a review and provide a second opinion on the accuracy and legitimacy
of Defendant, ADAM SHAF’s proposed blueprints and designs for the backyard and pool remodel.
113. According to Group A Architecture Inc.’s findings, there were various concerns about the
safety and accuracy of the measurements, design, and materials used in Defendant, ADAM
16
SHAF’s blueprints and designs. (See Adam Shaf Blueprint and Group A Architecture Inc. herein
114. Sometime thereafter, Plaintiff, JAMES AKMAKJIAN, discovered that Defendant, ADAM
SHAF, was not reapplying for the permits to begin construction of the swimming pool, never
ordered materials to remodel the swimming pool and backyard, and avoided responding to Plaintiff
JAMES AKMAKJIAN, after numerous demands to return the sixty-thousand dollars ($60,000.00)
he paid to Defendant, ADAM SHAF.
115. To date, Defendant, ADAM SHAF, has yet to begin remodeling Plaintiff, JAMES
AKMAKJIAN’s swimming pool and has not returned the money he paid in advance for the
remodel.
116. However, on November 1, 2023, Defendant, ADAM SHAF, attempted to settle with
Plaintiff, JAMES AKMAKJIAN, by offering to return Forty Thousand Dollars “and lose from the
people and expenses spent on [James’] project and time, in exchange for the removal of the “Adam
Shaf” website. (See November 1, 2023 Adam Build N Build Email herein attached as Exhibit 21).
C. Plaintiff Annamarie Stornello
117. In October 2022, Plaintiff, ANNAMARIE STORNELLO, purchased a property and home
located in Hawthorn Woods, Illinois.
118. Upon purchasing the home, Plaintiff, ANNAMARIE STORNELLO, contracted with
Defendant, BACKAYRD ESCAPE LLC, to remodel various parts of the home including, but not
limited to, the kitchen, bathrooms, master bedroom, living room, exterior, roof, and gutters.
119. Initially, Defendant, ADAM SHAF, promised Plaintiff, ANNAMARIE STORNELLO,
that the work would be completed within three (3) to four (4) months.
17
120. In November 2022, Defendant, ADAM SHAF, began working on the remodeling project
for Plaintiff, ANNAMARIE STORNELLO’s home.
121. At this time, Defendant, ADAM SHAF, utilized Defendants, BUILD N BUILD and
SAMUEL KIM, to assist in completing the constructions and renovations.
122. During the same time, Defendant, ADAM SHAF, installed a swimming pool on his own
property located at 258 Clair View Court in Lake Zurich, Illinois.
123. Throughout the course of several months, Defendant, ADAM SHAF, created piecemeal
invoices to justify his requests for money from the Plaintiff, ANNAMARIE STORNELLO, which
were required to be paid immediately.
124. Each invoice provided named “Adam Shaf” as the sender with an address located at “258
Clair View Ct Lake Zurich, IL 60047.”
125. In March 2023, Plaintiff, ANNAMARIE STORNELLO, discovered that the subcontractors
who had been working on the construction project since November 2022 had stopped showing up
to the home to continue remodeling the home.
126. After questioning Defendant, ADAM SHAF, several times as to why the subcontractors
were not showing up and why the project was not complete, Defendant, ADAM SHAF, was unable
to provide her with any answers.
127. Despite the poor workmanship performed, Defendant, ADAM SHAF, continued to create
invoices and ask the Plaintiff, ANNAMARIE STORNELLO, for money. Some of the charges
invoiced were double charges for work and materials that were already paid for.
128. In the early summer of 2023, Plaintiff, ANNAMARIE STORNELLO, began to demand
proper documentation and invoices from the subcontractors to verify that the materials were truly
paid for, the subcontractors were paid, and that the invoiced amount was legitimate.
18
129. Defendant, ADAM SHAF, failed to produce the requested documents and has yet to
provide them to date.
130. Furthermore, Plaintiff, ANNAMARIE STORNELLO, was advised by a third-party that
they had worked with Defendant, ADAM SHAF, on another home remodeling project and was
not paid for the work they performed.
131. Sometime thereafter, Plaintiff, ANNAMARIE STORNELLO, drafted an agreement for
completion that was signed by Defendant, ADAM SHAF, promising the project would be
completed by the end of June 2023.
132. By mid-June 2023, Plaintiff, ANNAMARIE STORNELLO, realized that Defendant,
ADAM SHAF, was not going to complete the remodeling projects in her home and that the money
paid to him had likely been used to renovate his own home and to fund other client’s projects.
133. Plaintiff, ANNAMARIE STORNELLO, also discovered that Defendant, ADAM SHAF,
failed to pay the subcontractors working on her home which was the reason why some of the
projects of the home, including her roof, were left incomplete.
134. By the end of June 2023, Plaintiff, ANNAMARIE STORNELLO, fired Defendant, ADAM
SHAF, for failure to complete the remodeling project on time.
135. Since then, Defendant, ADAM SHAF, has left the Plaintiff with an incomplete roof,
installed improper kitchen and bathroom hardware that did not comply with the construction
contract, left scaffolding in the home, failed to properly install a beam in the home, provided poor
painting workmanship to the interior walls of the home, improperly installed the hardwood floors,
failed to complete the plumbing projects in the home, installed faulty electrical wiring in the home,
and demolished the laundry room and left it unfinished.
19
136. To date, Plaintiff, ANNAMARIE STORNELLO, has paid Defendant, ADAM SHAF, two
hundred thousand dollars ($200,000.00) for home renovations that were left incomplete or done
poorly.
137. Consequently, Plaintiff, ANNAMARIE STORNELLO, was forced to hire new
subcontractors to fix work that the Defendant, ADAM SHAF, performed, supervised and/or hired
subcontractors to complete and which were done in a poor workmanlike manner.
D. Investigation
138. Upon investigation, Plaintiffs discovered that Defendants, ADAM SHAF and DEBRA
SHAF, have continuously promoted Defendant Businesses, BACKARD ESCAPE LLC,
TRANSFORMATIONS HOME, and LZ BUILDING ADVISORS, on their social media accounts.
Ex. 2,4, and 5.
139. Additionally, on March 8, 2017, Defendant, DEBRA SHAF, openly admitted on her
Facebook that,
Being married to a custom home builder for 14 years, I have been involved in many home
building projects and I’ve learned about the styles that withhold the test of time. We have
built many projects together and I have grown to have a true passion for interior design. I
will be working directly with LZ Building Advisors during the construction process. Ex.5.
140. Further, Defendant, DEBRA SHAF, is currently using the Instagram account
“Transformations Home/Backyard Escape, LLC” to promote their construction projects at various
clients’ homes to promote and gain business for TRANSFORMATIONS HOME and
BACKYARD ESCAPE, LLC. Ex.6.
141. It is apparent that both Defendants, ADAM SHAF and DEBRA SHAF, use the
aforementioned Instagram account to entice potential clients to contract with them for
constructions services, in addition to their own personal accounts. Ex. 2,4, and 6.
20
142. It is also apparent that both Defendants, ADAM SHAF and DEBRA SHAF, control,
manage, and/or operate under one or more of the Defendant Businesses and use their social media
accounts to promote the Defendant businesses. Ex. 2,4, 5, and 6.
143. Since Defendant businesses, LA BELLE ET LA BETE and EPOXY FLOOR TECH LLC,
work for, are an agent of, are employed by, and/or are a subcontract for the Defendant Businesses,
there is a community interest in having joint associations with one another.
144. At all times relevant, Defendants, LA BELLE ET LA BETE and EPOXY FLOOR TEHC
LLC, conducted business together based upon their association, relationship, promotion, and
shared work provided by the Defendant Businesses.
COUNT I – BREACH OF CONTRACT
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Backyard Escape LLC, Build N Build LLC,
Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe
Design Build Group, Shaf Builders, Zurich Builders, Transformations Home, Bye
Construction and LZ Building Advisor]
145. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporate paragraphs 1 through
144 as if set forth fully herein as Paragraph 145 of Count I of Plaintiffs’ First Amended Complaint.
146. At all times relevant, Defendant, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following entities when he contracted with Plaintiffs,
DANIEL ETOH and TONIA ETOH, to remodel their home and backyard: BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION, and/or LZ
BUILDING ADVISOR.
21
147. At all times relevant, a valid and legally binding contract existed between Plaintiffs,
DANIEL ETOH and TONIA ETOH, and Defendants, ADAM SHAF and BACKYARD ESCAPE
LLC.
148. Prior to the beginning of the construction work outlined in the contract, Plaintiffs, DANIEL
ETOH and TONIA ETOH, provided sufficient consideration in the form of various deposits and
down payments for the materials and work expected to be performed to the backyard.
149. At all times relevant, the Parties were of sound mind when formulating this contract.
150. At all times relevant, Defendant, ADAM SHAF, used one or more of the aforementioned
Defendant businesses listed herein to further the construction work performed on the Plaintiff’s
property and/or to fulfill their obligations under the contract.
151. Throughout the course of improving the backyard Defendants, ADAM SHAF and
BACKYARD ESCAPE LLC, breached one or more of the following terms of the contract:
a. Section 2: Terms of Payment, by failing to provide Plaintiffs with timely and proper
invoices which sufficiently identified each vendor and subcontractor and which
proved that the invoices were paid;
b. Section 3: Late Fees, by failing to complete the construction of the pool in

accordance with the terms of the agreement or pay the $50.00 daily penalty to the
Plaintiffs for each day the pool construction was not completed;
c. Section 4: Time of Completion, by failing to complete the construction of the pool,

the outside kitchen, the pergola, and other items with his proposed schedule. (See
proposed schedules herein attached as Exhibit 14);
d. Section 6: Duties and Obligations of Builder, by failing to cooperate with the

Plaintiffs and other workers on the property in providing assurance in the form of
the requested invoices and failing to pay the subcontractors the money owed for
Plaintiffs’ backyard and previous clients’ work;
e. Section 7: Substitutions, by failing to provide proper documentation, such as a

declaration page or certification of insurance, to prove that Defendants had the
required insurance coverage to work on the property;
22
f. Section 9: Substitutions, by misrepresenting that Exhibit B was the insurance
coverage required to work on the property;
g. Section 9: Insurance, by failing to have insurance for the project;
h. Section 9: Insurance, by creating the document named “Exhibit B” and representing

it to the Plaintiffs as a legitimate insurance policy;
i. Section 9: Insurance, by creating the document named “Exhibit B” and representing

it as the amount of insurance coverage the Defendants had at the time of the
construction project;
j. Section 12: Default, by failing to maintain the schedule of work, failing to correct
the default, and failing to satisfy the requirements of the agreement pursuant to
Section 12; and
k. Failing to complete the scope of work promised as outlined in Exhibit A and the
proposal.
152. As a result of aforementioned breaches by Defendants, ADAM SHAF and BACKYARD
ESCAPE LLC, by and through the use of one and/or all of the Defendant businesses, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION,
and/or LZ BUILDING ADVISOR, Plaintiffs, DANIEL ETOH and TONIA ETOH, sustained
serious property damage; were left with an incomplete backyard and pool; were forced to hire a
new general contractor and subcontractors to complete the renovations; and suffered significant
past, present, and future monetary and property damages arising out of the Defendants, ADAM
SHAF and BACKYARD ESCAPE LLC’s breach of the aforementioned terms of the contract and
failure to complete the construction work on time.
COUNT II – PROMISSORY ESTOPPEL
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Backyard ESCAPE LLC, Build N Build LLC,
23
153. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 153 of Count II of Plaintiffs’ First Amended Complaint.
154. That at all times relevant, a legally binding contract existed between the Defendants,
ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiffs, DANIEL ETOH and TONIA
ETOH.
conducted business under one or more of the following businesses while remodeling the Plaintiffs,
DANIEL ETOH and TONIA ETOH’s pool and backyard: BACKYARD ESCAPE LLC, BUILD
N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP
BY SHAF LLC, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING
ADVISOR.
156. Throughout the course of construction, Plaintiffs, DANIEL ETOH and TONIA ETOH,
tendered various payments to the Defendant, ADAM SHAF, based on the promise that he would
complete the backyard and pool remodeling by the end of June 2023.
157. The total amount Plaintiffs, DANIEL ETOH and TONIA ETOH, paid Defendants, ADAM
SHAF and BACKYARD ESCAPE LLC, was over two hundred fifty thousand dollars
($250,000.00).
158. Each payment the Plaintiffs, DANIEL ETOH and TONIA ETOH, made were addressed to
“Adam Shaf”, “Backyard Escape LLC”, “Build N Build LLC”, “Lake Zurich Building Group
LLC”, “Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build Group”, “Shaf Builders”,
“Zurich Builders”, and/or “LZ Building Advisor”.
24
159. Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably relied on Defendant, ADAM
SHAF’s promise to their detriment.
160. Plaintiffs, DANIEL ETOH and TONIA ETOH’s reliance was expected and foreseeable
and was known or should have been known to Defendant, ADAM SHAF.
161. As a result of Defendants’ failure to perform, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were left with an incomplete renovation of their backyard and pool and paid an exorbitant
amount of money to Defendant, ADAM SHAF, for work that was never completed.
162. It would be inequitable and unjust for Defendants, ADAM SHAF, BACKYARD ESCAPE
ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ
BUILDING ADVISOR to keep the money they received as payment that was not earned.
COUNT III – UNJUST ENRICHMENT

[Plead in the Alternative]
144 as if set forth fully herein as Paragraph 163 of Count III of Plaintiffs’ First Amended
Complaint.
164. Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, made a promise to Plaintiffs,
DANIEL ETOH and TONIA ETOH, to remodel their backyard and pool in a timely fashion.
conducted business under one or more of the following entities while remodeling the Plaintiffs’,
25
DANIEL ETOH and TONIA ETOH, pool and backyard: BACKYARD ESCAPE LLC, BUILD N
BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY
SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR.
166. Throughout the course of construction, Plaintiffs, DANIEL ETOH and TONIA ETOH,
tendered various payments to the Defendant, ADAM SHAF, based on his promise that he would
complete the backyard and pool remodeling by the end of June 2023.
167. The total amount Plaintiffs, DANIEL ETOH and TONIA ETOH, paid Defendant, ADAM
SHAF, was over Two Hundred Fifty Thousand dollars ($250,000.00).
168. Each payment the Plaintiffs, DANIEL ETOH and TONIA ETOH, made were addressed to
“Adam Shaf”, “Backyard Escape LLC”, “Build N Build LLC”, “Lake Zurich Building Group
LLC”, “Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build Group”, “Shaf Builders”,
169. Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably relied on Defendant, ADAM
SHAF’s promise to their detriment.
170. The Plaintiffs, DANIEL ETOH and TONIA ETOH’s reliance was expected and
foreseeable and was known or should have been known to Defendant, ADAM SHAF.
171. As a result of Defendants’ failure to perform, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were left with an incomplete renovation of their backyard and pool and paid an exorbitant
amount of money to Defendant, ADAM SHAF, for work that was never completed.
26
BUILDING ADVISOR to keep the money they received as payment and never earned.
COUNT IV – NEGLIGENCE
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Backyard ESCAPE LLC, Build N Build LLC,
144 as if set forth fully herein as Paragraph 173 of Count IV of Plaintiffs’ First Amended
Complaint.
174. At all times relevant to the remodel of the Plaintiffs, DANIEL ETOH and TONIA ETOH’s
backyard and pool, Defendant, ADAM SHAF, was the owner, manager, agent, employee,
representative, and/or servant of one or more of the following Defendant businesses:
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
SHAF BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE
CONSTRUCTION and/or LZ BUILDING ADVISOR.
175. At all times relevant, Defendant businesses, BACKYARD ESCAPE LLC, BUILD N
TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR, by
and through Defendant, ADAM SHAF, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA
ETOH, to construct, remodel, renovate, and complete the Plaintiffs’ backyard in a reasonable and
workmanlike fashion, as well as in accordance with all relevant and required general contractor
and construction standards recognized in their respective industries.
27
176. Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH
BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC, d/b/a LUX
DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS
HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR, and ADAM SHAF,
breached the aforementioned duty by:
a. Providing subpar and poor workmanlike renovations to the pool and outdoor kitchen
area;
b. Failing to erect the pergola the Plaintiffs tendered thirty-nine thousand ($39,000.00)
for;
c. Failing to meet promised deadlines to complete the pool, outdoor kitchen, and
pergola;
d. Failing to supervise and manage the construction projects in the backyard as part of
his responsibilities and duties as the general contractor;
e. Failing to obtain proper permits to conduct construction upon the Plaintiffs’

property;
f. Using improper or faulty materials for the renovations;
g. Failing to meet promised deadlines for work;
h. Failing to maintain proper insurance for the construction project;
i. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
j. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
k. Failing to pay vendors for various materials needed for renovations;
l. Failing to complete the renovations he promised to complete on time;
m. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors;
n. Failing to return the remaining amount of money paid for work that was never
completed; and
28
o. Was otherwise negligent when performing renovations on the property.
177. As a proximate result of the Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS, LZ
BUILDING ADVISOR, BYE CONSTRUCTION and/or TRANSFORMATIONS HOME and
ADAM SHAF’s conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were
thereby injured financially, both temporarily and permanently; were forced to hire a new general
contractor and subcontractors to complete the renovations; sustained property damage; were
hindered and prevented from attending to their business and affairs; sustained the loss of earnings,
gains or profits; and were forced to pay out, expend and become liable for large sums of money
for the damages sustained herein.
COUNT V – MISREPRESENTATION
Design Build Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor]
178. Plaintiff herein incorporates paragraphs 1 through 144 as if set forth fully herein as
Paragraph 178 of Count V of Plaintiffs’ First Amended Complaint.
179. That Defendant, ADAM SHAF, by and through the use of one or more of the Defendant
businesses, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING
GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD
GROUP, SHAF BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE
CONSTRUCTION and/or LZ BUILDING ADVISOR, made a false statement of material fact
about:
29
a. Defendant, ADAM SHAF’s financial viability and reputation to work on the
Plaintiffs’ property;
b. Advised that all invoices for the vendors and subcontractors were paid when they were
not;
c. Created all of the Defendant businesses to avoid pending judgments filed against him;
d. Listed addresses of a UPS box and empty residential lot to impersonate a viable
business address;
e. Used one or more of the Defendant businesses to get the subcontractors and vendors
to engage in business with him to complete the backyard work on the Plaintiffs’
property;
f. Advised that there was proper insurance to conduct work on the Plaintiffs’ property
when there was not;
g. Provided an altered contract to Plaintiff, TONIA ETOH, on August 16, 2023 which
changes the deadline for the completion of the construction of the pool;
h. Created invoices memorializing that the subcontractor services and materials were
paid for when they were not (i.e., Pool Cover Pros, Inc.);
i. Repeatedly promised that work deadlines would be met when they were not; and
j. Communicated that materials had been delivered to the property to begin certain work
when it was not.
180. All of the aforementioned misrepresentations were done carelessly or negligently to look
favorable to Plaintiffs and convince them to award the Defendants the construction project, without
knowledge of whether the statements or promises were true or could be performed.
181. That at all times relevant, Defendant, ADAM SHAF, by and through the Defendant
businesses, knew or should have known the Plaintiffs would consider and/or rely on the
aforementioned representations to contract with Defendants and award them the backyard
construction project.
182. That Plaintiffs relied on the aforementioned information and/or statements and believed
that these statements were truthful.
30
183. As a result of one or more of the Defendants’ misrepresentations and/or false statements,
Plaintiffs were induced to enter into a contract with Defendants, to award them the construction
project and pay the Defendants large sums of money before beginning of any work.
184. As a result of the aforementioned misrepresentations made by, Defendant, ADAM SHAF,
by and through the use of one and/or all of the Defendant businesses, Plaintiffs, DANIEL ETOH
and TONIA ETOH, suffered significant past, present, and future monetary damages arising out of
or relating to the terms of this contract valued over $400,000.00.
185. As a result of the Defendants’ misrepresentations, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were forced to hire a new general contractor and subcontractors to complete the
renovations and suffered significant past, present, and future monetary and property damages.
COUNT VI – FRAUD
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Derek Shaf, Debra Shaf, Samuel Kim,
Backyard Escape LLC, Build N Build LLC, Lake Zurich Building Group LLC, Luxe
Design Build Group by Shaf LLC d/b/a Luxe Design Build Group, Shaf Builders, Zurich
Builders, Transformations Home, Bye Construction and LZ Building Advisor]
144 as if set forth fully herein as Paragraph 186 of Count VI of Plaintiffs’ First Amended
Complaint.
businesses intentionally and knowingly made false statements of material fact to Plaintiffs,
DANIEL ETOH and TONIA ETOH, about:

b. Advised that all invoices for the vendors and subcontractors were paid when they
were not;
31
c. Created all of the Defendant businesses to avoid pending judgments currently filed
against him;
business address;
property;
f. Created invoices memorializing that the subcontractor services and materials were
h. Stated on invoices that services and materials were paid for when they were not (i.e.,
Pool Cover Pros, Inc.);
i. Repeatedly promised that work deadlines would be met when they were not; and
j. Communicated that materials had been delivered to the property in order to begin
certain work when it was not.
188. That all of the aforementioned misrepresentations were done willfully, intentionally,
knowingly and wantonly.
189. That the Defendant, ADAM SHAF’s statements were made with the purpose of convincing
Plaintiffs to rely on these statements.
190. That Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably believed and relied on the
aforementioned statements.
191. That based on the aforementioned statements made, the Plaintiffs were induced and
convinced to enter into a contractual relationship with Defendants, ADAM SHAF and
BACKYARD ESCAPE LLC, award them the construction project, and make several deposits and
down payments before work began.
32
192. At all times relevant, Defendant, ADAM SHAF, engaged one or more of the individual
Defendants, DEREK SHAF, DEBRA SHAF, and/or SAMUEL KIM, to participate in the
construction project at the Plaintiffs’ home.
193. At all times relevant the Defendants, DEREK SHAF, DEBRA SHAF, and/or SAMUEL
KIM, knew or should have known that Defendant, ADAM SHAF, did not intend to complete the
construction project or keep the promises made to the Plaintiffs, but rather pocket the Plaintiffs’
money paid for renovations.
194. As a result of the aforementioned fraudulent statements made by the Defendant, ADAM
SHAF, by and through the use of one and/or all of the Defendant businesses, BACKYARD
BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION
and/or LZ BUILDING ADVISOR, Plaintiffs, DANIEL ETOH and TONIA ETOH, were forced to
hire a new general contractor and subcontractors to complete the renovations and suffered
significant past, present, and future monetary and property damages valued over $400,000.00.
COUNT VII – VIOLATION OF 815 ILCS 505/1

ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Derek Shaf, Samuel Kim, Backyard Escape
LLC, Build N Build LLC, Lake Zurich Building Group LLC, Luxe Design Build Group
by Shaf LLC d/b/a Luxe Design Build Group, Shaf Builders, Zurich Builders
Transformations Home, Bye Construction and LZ Building Advisor]
144 as if set forth fully herein as Paragraph 195 of Count VII of Plaintiffs’ First Amended
Complaint.
33
196. At all times relevant, Defendant, ADAM SHAF, promised Plaintiffs, DANIEL ETOH and
TONIA ETOH, to provide remodeling services to their property’s backyard and pool in exchange
for payment.
197. The aforementioned promises were memorialized in the proposal and contract that
Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, drafted and presented to Plaintiffs,
DANIEL ETOH and TONIA ETOH.
198. At all times relevant, Defendants, ADAM SHAF and BACKYARD ESCAPE LLC,
intended that the Plaintiffs, DANIEL ETOH and TONIA ETOH, rely on the Defendants’ promises
outlined in the executed contract and proposal.
199. That Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably relied on the Defendants’
promises.
200. At all times relevant, Defendant, ADAM SHAF, engaged one or more of the individual
Defendants, DEREK SHAF, DEBRA SHAF, and/or SAMUEL KIM, to participate in the
construction project at the Plaintiffs’ home.
201. At all times relevant, the aforementioned work was performed and/or conducted through
one or more of the Defendant Businesses: BACKYARD ESCAPE LLC, BUILD N BUILD LLC,
LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC
d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
202. That Defendant, ADAM SHAF, by and through one or more of the Defendant Businesses
acted deceitfully throughout the course of remodeling the Plaintiff’s backyard and pool, which
occurred in the course of conduct involving trade and commerce.
34
construction project, but rather pocket the Plaintiffs’ money paid for renovations.
204. That as a result of the Defendant’s deceitful acts, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were caused to sustain monetary damages, including, but not limited to, loss of funds paid
to the Defendants, property damage, and consequential damages due to being forced to hire a new
general contractor and subcontractors to finish the subpar work that the Defendants started but
never completed.
COUNT VIII – JOINT VENTURE
[Daniel Etoh and Tonia Etoh v. Derek Shaf and Epoxy Tech LLC]
144 as if set forth fully herein as Paragraph 205 of Count VIII of Plaintiffs’ First Amended
Complaint.
206. At all times relevant, Defendant, DEREK SHAF, was the owner, manager, agent,
representative, and/or servant of Defendant company, EPOXY FLOOR TECH LLC.
207. At all times relevant, Defendants, DEREK SHAF and/or EPOXY FLOOR TECH LLC,
conducted business and had close ties with Defendants, ADAM SHAF, BACKYARD ESCAPE
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
208. At all times relevant, all of the aforementioned Defendants had an implied understanding
and/or agreement to conduct themselves as an enterprise.
35
209. At all times relevant, all of the aforementioned Defendants had a community interest in
marketing, promoting and advertising their services to Plaintiffs, DANIEL ETOH and TONIA
ETOH, for the construction, remodeling and renovation to the Plaintiffs’ backyard and pool for
financial gain.
210. At all times relevant, the aforementioned Defendants each had joint control and
management of the construction project at the Plaintiffs’ home and worked collaboratively to
perform and complete these renovations.
211. At all times relevant, the aforementioned Defendants shared the costs, expenses and profits
incurred from the renovations performed at the Plaintiffs’ home.
212. That at all times relevant, a joint venture relationship existed between Defendants, DEREK
SHAF and EPOXY FLOOR TECH LLC, and Defendants, ADAM SHAF, BACKYARD ESCAPE
ZURICH BUILDERS, BYE CONSTRUCTION and LZ BUILDING ADVISOR.
213. At all times relevant, Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, by
and through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD
and/or LZ BUILDING ADVISOR, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA
ETOH, to construct, remodel, renovate, and complete the Plaintiffs’ backyard in a reasonable and
36
214. Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, breached the
aforementioned duty by:
area;
for;
pergola;

property;
i. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
j. Failing to pay vendors for various materials needed for renovations;
k. Failing to complete the renovations he promised to complete on time;
l. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
m. Was otherwise negligent when performing renovations on the property.
construction project, but rather pocket the Plaintiffs’ money paid for renovations.
216. As a proximate result of the Defendants, DEREK SHAF and EPOXY FLOOR TECH
LLC’s conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
37
financially, both temporarily and permanently; were hindered and prevented from attending to
their business and affairs, thereby sustained the loss of earnings, gains or profits; were forced to
hire a new general contractor and subcontractors to complete the renovations; and forced Plaintiffs
to pay out, expend and become liable for large sums of money for the damages sustained herein.
COUNT IX – VICAROUS LIABILITY

[Loaned Servant Doctrine]
[Daniel Etoh and Tonia Etoh v. Derek Shaf and Epoxy Tech LLC]
144 as if set forth fully herein as Paragraph 217 of Count IX of Plaintiffs’ First Amended
Complaint.
218. At all times relevant, Defendant, DEREK SHAF, was an agent, employee, representative,
and/or servant of Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BUILD N BUILD
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR
through the use of Defendant company, EPOXY FLOOR TECH LLC.
219. That as an agent, employee, representative, and/or servant of Defendants, ADAM SHAF,
CONSTRUCTION and/or LZ BUILDING ADVISOR, Defendants, DEREK SHAF and EPOXY
FLOOR TECH LLC, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to
construct, remodel, renovate, and complete the Plaintiffs’ backyard in a reasonable and
38
area;
for;
pergola;

property;
subcontractors; and
LLC’s conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
financially, both temporarily and permanently; were forced to hire a new general contractor and
39
subcontractors to complete the renovations; were hindered and prevented from attending to their
business and affairs, thereby sustained the loss of earnings, gains or profits; and forced Plaintiffs
COUNT X – JOINT VENTURE
[Daniel Etoh and Tonia Etoh v. Debra Shaf and LA BELLE Et La Bete]
144 as if set forth fully herein as Paragraph 222 of Count X of Plaintiffs’ First Amended Complaint.
223. At all times relevant, Defendant, DEBRA SHAF, was the owner, manager, agent,
representative, and/or servant of Defendant company, LA BELLE ET LA BETE.
224. At all times relevant, Defendants, DEBRA SHAF and/or LA BELLE ET LA BETE,
BUILDING ADVISOR.
marketing, promoting and marketing their services to Plaintiffs, DANIEL ETOH and TONIA
their financial gain.
40
229. That at all times relevant, a joint venture relationship existed between Defendants, DEBRA
SHAF and LA BELLE ET LA BETE, and Defendants, ADAM SHAF, BACKYARD ESCAPE
BUILDING ADVISOR.
230. At all times relevant, Defendants, DEBRA SHAF and LA BELLE ET LA BETE, by and
through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD ESCAPE
BUILDING ADVISOR, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to
231. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, breached the aforementioned
duty by:
area;
41
for;
pergola;

property;
subcontractors; and
232. As a proximate result of the Defendants, DEBRA SHAF and LA BELLE ET LA BETE’s
actions as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
their business and affairs, thereby sustained the loss of earnings, gains or profits; and forced
Plaintiffs to pay out, expend and become liable for large sums of money for the damages sustained
herein.
COUNT XI – VICAROUS LIABILITY

[Daniel Etoh and Tonia Etoh v. Debra Shaf and La Belle Et La Bete]
42
144 as if set forth fully herein as Paragraph 233 of Count XI of Plaintiffs’ First Amended
Complaint.
234. At all times relevant, Defendant, DEBRA SHAF, was partner, agent, employee,
representative, and/or servant of Defendants, ADAM SHAF, BACKYARD ESCAPE LLC,
GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
ADVISOR through the use of Defendant company, LA BELLE ET LA BETE.
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC, d/b/a LUX DESIGN BUILD GROUP,
CONSTRUCTION and/or LZ BUILDING ADVISOR, Defendants, DEBRA SHAF and LA
BELLE ET LA BETE, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to
duty by:
area;
for;
43
pergola;

property;
subcontractors; and
conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
subcontractors to finish the renovations; were hindered and prevented from attending to their
COUNT XII – VIOLATION OF 815 ILCS 505/1

ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES
ACT
[Daniel Etoh and Tonia Etoh v. Debra Shaf]
44
144 as if set forth fully herein as Paragraph 238 of Count XII of Plaintiffs’ First Amended
Complaint.
239. At all times relevant, Defendants, ADAM SHAF and DEBRA SHAF, worked
collaboratively as owners, partners, managers, and/or supervisors of the Defendant businesses,
SHAF BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS HOME, TRANSFORMA-
TIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR.
240. Before Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, contracted with
Plaintiffs, DANIEL ETOH and TONIA ETOH, Defendant, DEBRA SHAF, promoted, advertised,
marketed, solicited, and publicized BACKYARD ESCAPE LLC and/or TRANSFORMATIONS
HOME’s services to the public and potential clients, including the Plaintiffs.
241. Said promotions, advertisements, solicitations, and publications were made from her own
personal social media accounts, as well as the social media accounts for Defendant company, LA
BELLE ET LA BETE, and Defendant businesses, BACKYARD ESCAPE LLC and
TRANSFORMATIONS HOME.
242. That the Defendant, DEBRA SHAF’s marketing and promotion enticed potential clients to
work with Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BYE CONSTRUCTION
and TRANSFORMATIONS HOME, including Plaintiffs, DANIEL ETOH and TONIA ETOH.
243. Sometime thereafter, Defendant, ADAM SHAF, promised Plaintiffs, DANIEL ETOH and
TONIA ETOH, to provide remodeling services to their property’s backyard and pool in exchange
for payment.
45
244. The aforementioned promises were memorialized in a proposal and executed contract
between Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiffs, DANIEL
ETOH and TONIA ETOH.
245. At all times relevant, Defendant, DEBRA SHAF, intended for Plaintiffs, DANIEL ETOH
and TONIA ETOH, to rely on the Defendants’ promises.
246. That Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably relied on the Defendants’
promises outlined in the executed contract and proposal.
247. At all times relevant, the aforementioned work was performed, overseen, managed,
supervised and/or conducted by Defendant, DEBRA SHAF.
248. At all times relevant, Defendant, DEBRA SHAF, communicated with the Plaintiffs,
DANIEL ETOH and TONIA ETOH, or supervised conversations Plaintiffs had with Defendant,
ADAM SHAF, about the status and quality of work being performed on the property.
249. That Defendant, DEBRA SHAF, assisted, enticed, encouraged, and/or supported the
Defendant, ADAM SHAF, to act deceitfully throughout the course of remodeling the Plaintiffs’
backyard and pool, which occurred in the course of conduct involving trade and commerce.
250. That as a result of the Defendant’s deceitful acts, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were caused to sustain monetary damages, including, but not limited to, loss of funds paid
to the Defendants, property damage, and consequential damages due to being forced to hire a new
general contractor and subcontractors to finish the subpar work the Defendants started but never
completed.
46
COUNT XIII – JOINT VENTURE
[Daniel Etoh and Tonia Etoh v. Samuel Kim and Build N Build LLC]
144 as if set forth fully herein as Paragraph 251 of Count XIII of Plaintiffs’ First Amended
Complaint.
252. At all times relevant, Defendant, SAMUEL KIM, was the owner, manager, agent,
representative, and/or servant of Defendant company, BUILD N BUILD LLC.
253. At all times relevant, Defendants, SAMUEL KIM and/or BUILD N BUILD LLC,
conducted business, was partners with, and had close ties with Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILDING ADVISOR.
marketing, promoting and advertising their services to Plaintiffs, DANIEL ETOH and TONIA
financial gain.
47
258. At all times relevant, Defendant, ADAM SHAF, also engaged Defendants, SAMUEL KIM
and BUILD N BUILD LLC, to assist, manage, and/or oversee the construction project and
subcontractors at the Plaintiffs’ home.
259. That at all times relevant, a joint venture relationship existed between Defendants,
SAMUEL KIM and BUILD N BUILD LLC, and Defendants, ADAM SHAF, BACKYARD
BUILDERS, ZURICH BUILDERS, BYE CONSTRUCTION and LZ BUILDING ADVISOR.
260. At all times relevant, Defendants, SAMUEL KIM and BUILD N BUILD LLC, by and
TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR,
owed a duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to construct, remodel, renovate,
and complete the Plaintiffs’ backyard in a reasonable and workmanlike fashion, as well as in
accordance with all relevant and required general contractor and construction standards recognized
in their respective industries.
261. Defendants, SAMUEL KIM and BUILD N BUILD LLC, breached the aforementioned
duty by:
area;
48
for;
pergola;

property;
l. Used Build N Build’s name to fabricate invoices sent to Plaintiffs;
m. Listed “Sam Kim” (i.e., Samuel Kim) as a point of contact for subcontractors to
contact Build N Build;
n. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
262. As a proximate result of the Defendants, SAMUEL KIM and BUILD N BUILD LLC’s
their business and affairs, thereby sustained the loss of earnings, gains or profits; were forced to
hire a new general contractor and subcontractors to complete the renovations; and forced Plaintiffs
49
COUNT XIV – VICAROUS LIABILITY
144 as if set forth fully herein as Paragraph 263 of Count XIV of Plaintiffs’ First Amended
Complaint.
264. At all times relevant, Defendant, SAMUEL KIM and or BUILD N BUILD LLC, was a
partner, agent, employee, representative, and/or servant of Defendants, ADAM SHAF,
BUILDING ADVISOR through the use of Defendant company, EPOXY FLOOR TECH LLC.
265. That, Defendant, ADAM SHAF, engaged Defendants, SAMUEL KIM and BUILD N
BUILD LLC, to assist, manage, and/or oversee the construction project and subcontractors at the
Plaintiffs’ home.
BUILDING ADVISOR, Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, owed a
duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to construct, remodel, renovate, and
complete the Plaintiffs’ backyard in a reasonable and workmanlike fashion, as well as in
accordance with all relevant and required general contractor and construction standards recognized
in their respective industries.
50
duty by:
area;
for;
pergola;

property;
l. Used Build N Build’s name to fabricate invoices sent to Plaintiffs;
m. Listed “Sam Kim” (i.e., Samuel Kim) as a point of contact for subcontractors to
contact Build N Build;
n. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
51
subcontractors to complete the renovations; were hindered and prevented from attending to their
COUNT XV – MISREPRESENTATION
Paragraph 269 of Count XV of Plaintiffs’ First Amended Complaint.
270. Defendants, SAMUEL KIM and BUILD N BUILD LLC, partnered with Defendant,
ADAM SHAF, to undergo the project at the Plaintiffs’ home.
CONSTRUCTION and/or LZ BUILDING ADVISOR, made a false statement of material fact
about:

b. Advised that all invoices for the vendors and subcontractors were paid when they were
not;
c. Created all of the Defendant businesses to avoid pending judgments filed against him;
business address;
property;
52
when there was not;
h. Created invoices memorializing that the subcontractor services and materials were
i. Repeatedly promised that work deadlines would be met when they were not;
j. Communicated that materials had been delivered to the property to begin certain work
when it was not;
k. Used Build N Build’s name to fabricate invoices sent to Plaintiffs; and
l. Listed “Sam Kim” (i.e., Samuel Kim) as a point of contact for subcontractors to
contact Build N Build for invoice payments when they never intended to pay.
favorable to Plaintiffs and convince them to award the Defendants the construction project, without
knowledge of whether the statements or promises were true or could be performed.
273. That all times relevant, Defendant, SAMUEL KIM, knew or should have known about
Defendant, ADAM SHAF’s misrepresentations, including using Defendant, BUILD N BUILD
LLC’s name to create fraudulent invoices.
274. That at all times relevant, Defendant, SAMUEL KIM, by and through the Defendant,
ADAM SHAF and the Defendant businesses, knew or should have known the Plaintiffs would
consider and/or rely on the aforementioned representations to contract with Defendants and award
them the backyard construction project.
275. That Plaintiffs relied on the aforementioned information and/or statements and believed
that these statements were truthful.
53
Plaintiffs were induced to enter into a contract with Defendants, to award them the construction
project and pay the Defendants large sums of money before beginning of any work.
277. As a result of the aforementioned misrepresentations made by, Defendant, ADAM SHAF,
by and through the use of one and/or all of the Defendant businesses, Plaintiffs, DANIEL ETOH
and TONIA ETOH, suffered significant past, present, and future monetary damages arising out of
or relating to the terms of this contract valued over $400,000.00.
278. As a result of the Defendants’ misrepresentations, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were forced to hire a new general contractor and subcontractors to complete the
renovations and suffered significant past, present, and future monetary and property damages.
COUNT XVI – FRAUD
144 as if set forth fully herein as Paragraph 279 of Count XVI of Plaintiffs’ First Amended
Complaint.
280. Defendants, SAMUEL KIM and BUILD N BUILD LLC, partnered with Defendant,
ADAM SHAF, relative to the project at the Plaintiffs’ home.
businesses intentionally and knowingly made false statements of material fact to Plaintiffs,
DANIEL ETOH and TONIA ETOH, about:
k. Defendant, ADAM SHAF’s financial viability and reputation to work on the

l. Advised that all invoices for the vendors and subcontractors were paid when they
were not;
54
m. Created all of the Defendant businesses to avoid pending judgments currently filed
against him;
n. Listed addresses of a UPS box and empty residential lot to impersonate a viable
business address;
o. Used one or more of the Defendant businesses to get the subcontractors and vendors
property;
p. Created invoices memorializing that the subcontractor services and materials were
q. Provided an altered contract to Plaintiff, TONIA ETOH, on August 16, 2023 which
r. Stated on invoices that services and materials were paid for when they were not (i.e.,
Pool Cover Pros, Inc.);
s. Repeatedly promised that work deadlines would be met when they were not; and
t. Communicated that materials had been delivered to the property in order to begin
certain work when it was not
u. Used Build N Build’s name to fabricate invoices sent to Plaintiffs; and
v. Listed “Sam Kim” (i.e., Samuel Kim) as a point of contact for subcontractors to
contact Build N Build for invoice payments when they never intended to pay.
283. That the Defendant, ADAM SHAF’s statements were made with the purpose of convincing
Plaintiffs to rely on these statements.
284. That Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably believed and relied on the
285. That based on the aforementioned statements made, the Plaintiffs were induced and
55
down payments before work began.
286. At all times relevant, Defendant, ADAM SHAF, engaged SAMUEL KIM and BUILD N
BUILD LLC, to participate in the construction project at the Plaintiffs’ home.
287. At all times relevant the Defendant, SAMUEL KIM, knew or should have known that
Defendant, ADAM SHAF, did not intend to complete the construction project or keep the promises
made to the Plaintiffs; but rather pocket the Plaintiffs’ money paid for renovations.
and/or LZ BUILDING ADVISOR, Plaintiffs, DANIEL ETOH and TONIA ETOH, were forced to
hire a new general contractor and subcontractors to complete the renovations and suffered
significant past, present, and future monetary and property damages valued over $400,000.00.
COUNT XVII – BREACH OF CONTRACT
[James Akmakjian v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake Zurich
Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build
Group, Shaf Builders, Zurich Builders, Transformations Home,
289. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 289 of Count XVII of Plaintiffs’ First Amended Complaint.
conducted business under one or more of the following entities when he contracted with Plaintiff,
JAMES AKMAKJIAN, to remodel the Plaintiff’s pool: BACKYARD ESCAPE LLC, BUILD N
56
291. At all times relevant, a valid and legally binding contract existed between Plaintiff, JAMES
AKMAKJIAN, and Defendants, ADAM SHAF and BACKYARD ESCAPE LLC.
292. Prior to the beginning of the construction work outlined in the contract, Plaintiff, JAMES
AKMAKJIAN, provided sufficient consideration in the form of deposits and down payments for
the materials and work expected to be performed on the pool.
Defendant businesses listed herein to further the construction work performed on the Plaintiff’s
property and/or to fulfill their obligations under the contract.
295. Throughout the course of improving the backyard Defendants, ADAM SHAF and
BACKYARD ESCAPE LLC, breached one or more of the following terms of the contract:
a. Section 2: Terms of Payment, by failing to provide Plaintiffs with timely and proper
invoices which sufficiently identified each vendor and subcontractor and which
proved that the invoices were paid;
b. Section 3: Late Fees, by failing to complete the construction of the pool in

accordance with the terms of the agreement or pay the $50.00 daily penalty to the
Plaintiffs for each day the pool construction was not completed;
c. Section 4: Time of Completion, by failing to complete the construction of the pool,

the outside kitchen, the pergola, and other items by with his proposed schedule. Ex.9;
d. Section 6: Duties and Obligations of Builder, by failing to cooperate with the

Plaintiffs and other workers on the property in providing assurance in the form of
the requested invoices and failing to pay the subcontractors the money owed for
Plaintiffs’ backyard and previous clients’ work;
57
e. Section 7: Substitutions, by failing to provide proper documentation, such as a
declaration page or certification of insurance, to prove that Defendants had the
required insurance coverage to work on the property;
f. Section 9: Substitutions, by misrepresenting that Exhibit B was the insurance

coverage required to work on the property;
g. Section 9: Insurance, by failing to have insurance for the project;
h. Section 9: Insurance, by creating the document named “Exhibit B” and representing

it to the Plaintiffs as a legitimate insurance policy;
i. Section 9: Insurance, by creating the document named “Exhibit B” and representing

it as the amount of insurance coverage the Defendants had at the time of the
construction project;
j. Section 10: Terminating the Agreement; by failing to provide proper cause as to the
termination of the contract or cause as to why work was never performed as required
by the contract;
k. Section 12: Default, by failing to maintain the schedule of work, failing to correct
the default, otherwise committing a material breach of the contract and failing to
satisfy the requirements of the agreement;
l. Failing to start the scope of work promised as outlined in Exhibit A and the proposal;
and
m. Failing to complete the work promised as outlined in Exhibit A and the proposal.
and/or LZ BUILDING ADVISOR, Plaintiff, JAMES AKMAKJIAN, sustained monetary damages
arising out of the Defendants and were forced to hire a new general contractor and subcontractors
to complete the renovations due to Defendants, ADAM SHAF and BACKYARD ESCAPE LLC’s
breach of the aforementioned terms of the contract.
58
COUNT XVIII – PROMISSORY ESTOPPEL
forth fully herein as Paragraph 297 of Count XVIII of Plaintiffs’ First Amended Complaint.
ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiff, JAMES AKMAKJIAN.
conducted business under one or more of the following businesses when he contracted with
Plaintiff, JAMES AKMAKJIAN, to remodel his pool and backyard: BACKYARD ESCAPE LLC,
ADVISOR.
300. Prior to the commencement of construction, Plaintiff, JAMES AKMAKJIAN, tendered
payment to the Defendant, ADAM SHAF, based on the promise that the money provided would
be used as a downpayment for work to be performed and materials needed to begin construction.
301. The total amount Plaintiff, JAMES AKMAKJIAN, paid Defendants, ADAM SHAF and
BACKYARD ESCAPE LLC, was approximately Sixty Thousand Dollars ($60,000.00).
302. The payment Plaintiff, JAMES AKMAKJIAN, made for the construction project was
addressed to “Adam Shaf” and/or “Backyard Escape LLC”.
303. Plaintiff, JAMES AKMAKJIAN, reasonably relied on Defendant, ADAM SHAF’s
promise to his detriment.
59
304. Plaintiff, JAMES AKMAKJIAN’s reliance was expected and foreseeable and was known
or should have been known to Defendant, ADAM SHAF.
305. As a result of Defendants’ failure to perform, Plaintiff, JAMES AKMAKJIAN, never
received any construction services from the Defendant and was in debt for the Sixty Thousand
Dollars ($60,000.00) paid to Defendants, ADAM SHAF and BACKYARD ESCAPE LLC.
BUILDING ADVISOR to keep the money they received as payment and never earned.
COUNT XIX – UNJUST ENRICHMENT

Group, Shaf Builders, Zurich Builders, Transformations Home, Bye Construction and LZ
Building Advisor]
forth fully herein as Paragraph 307 of Count XIX of Plaintiffs’ First Amended Complaint.
308. Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, made a promise to Plaintiff,
JAMES AKMAKJIAN, to remodel his pool.
309. At all times relevant, Defendants, ADAM SHAF, owned, used, operated, managed, or
JAMES AKMAKJIAN: BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH
BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE
60
HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR.
310. Prior to the commencement of construction, Plaintiff, JAMES AKMAKJIAN, tendered a
total of Sixty Thousand Dollars ($60,000.00) in payments to the Defendant, ADAM SHAF, based
on his promise that he would complete pool remodeling.
311. Plaintiff, JAMES AKMAKJIAN, addressed all payments to “Adam Shaf” and/or
“Backyard Escape LLC”.
312. Plaintiff, JAMES AKMAKJIAN, reasonably relied on Defendant, ADAM SHAF’s
promise to his detriment relative to remodeling his pool and backyard.
313. Plaintiff, JAMES AKMAKJIAN’s reliance was expected, foreseeable, and was known or
should have been known by Defendant, ADAM SHAF.
314. As a result of Defendants’ failure to perform under the terms of the contract, Plaintiff,
JAMES AKMAKJIAN, never had his pool or backyard remodeled and lost the entire sum of
money paid to Defendants, ADAM SHAF and BACKYARD ESCAPE LLC.
BUILDING ADVISOR to keep the money they received and never earned.
COUNT XX – MISREPRESENTATION
61
forth fully herein as Paragraph 316 of Count XX of Plaintiffs’ First Amended Complaint.
CONSTRUCTION and/or LZ BUILDING ADVISOR, made one or more false statements of
material fact by:
a. Representing that Defendant, ADAM SHAF, was financially stable, that his work was
reputable, and that he has been in business for over twenty (20) years;
b. Promising to maintain the $60,000.00 paid by Plaintiff in an escrow account;
c. Promising that the $60,000.00 Plaintiff paid would be used to buy materials, secure
subcontractors and begin work on the Plaintiff’s property.
d. Concealing the fact that BACKYARD ESCAPE was created to avoid pending
judgments filed against him and be able to continue working;
e. Representing that his name was “Adam Schaf”;
f. Creating BACKYARD ESCAPE LLC for purposes of focusing on pool installation;
g. Submitting applications to the Village of Long Grove for construction permits when
he knew he would not be able to obtain a permit;
h. Submitting fraudulent and inaccurate information, blueprints, and designs when

applying for permits necessary to begin on the Plaintiff’s property by;
i. Misrepresenting that there was proper insurance to perform work on the Plaintiff’s
property when there was not; and
j. Misrepresenting that ADAM SHAF and BACKYARD ESCAPE LLC had legitimate
insurance coverage for all of the businesses and subcontractors assigned to perform
work on the Plaintiff’s home when they did not.
62
favorable to the Plaintiff and convince him to award the Defendants the construction project,
without knowledge of whether the statements or promises were true.
319. That at all times relevant, Defendants, ADAM SHAF and BACKYARD ESCAPE LLC,
by and through the Defendant businesses, knew or should have known the Plaintiff would consider
and/or rely on the aforementioned representations and statements when determining whether to
award Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, the pool remodeling project.
320. That Plaintiff reasonably relied on the aforementioned representations and/or statements
and reasonably believed that these statements were truthful and honest.
321. That the Defendant, ADAM SHAF’s misrepresentations and/or false statements, enticed
and induced the Plaintiff to contract with Defendants, award the remodeling project to
BACKYARD ESCAPE LLC, and pay a large sum of money to Defendants before beginning
construction.
322. As a result of the aforementioned misrepresentations made by Defendant, ADAM SHAF,
by and through the use of one and/or all of the Defendant businesses, Plaintiff, JAMES
AKMAKJIAN, suffered significant past, present, and future monetary damages arising out of or
relating to the terms of the contract and the $60,000.00 payment.
323. As a result of the Defendants’ misrepresentations, Plaintiff, JAMES AKMAKJIAN,
suffered significant past, present, and future monetary damages.
COUNT XXI – FRAUD
63
324. Plaintiff, JAMES AKMAKJIAN, herein incorporate paragraphs 1 through 144 as if set
forth fully herein as Paragraph 325 of Count XXI of Plaintiffs’ First Amended Complaint.
businesses intentionally and knowingly made false statements of material fact to Plaintiff, JAMES
AKMAKJIAN, about:
a. Defendant, ADAM SHAF’s financial stability, reputable work, and being in

business for over twenty (20) years;
b. Promising to maintain the $60,000.00 paid by Plaintiff in an escrow account;
c. Promising that the $60,000.00 Plaintiff paid would be used to buy materials, secure
subcontractors and begin work on the Plaintiff’s property.
d. The fact that BACKYARD ESCAPE LLC was created to avoid pending judgments
currently filed against him and be able to continue working;
e. Representing that his name was “Adam Schaf”;
f. Creating BACKYARD ESCAPE LLC for purposes of focusing on pool

installation;
g. Submitting applications to the Village of Long Grove for construction permits

when he knew he would not be able to obtain a permit;
h. Submitting fraudulent and inaccurate information, blueprints, and designs when

applying for permits necessary to begin on the Plaintiff’s property by;
i. Maintaining proper insurance to perform work on the Plaintiff’s property when

there was not; and
j. Representing that ADAM SHAF and BACKYARD ESCAPE LLC had legitimate
insurance coverage for all of the businesses and subcontractors assigned to perform
work on the Plaintiff’s home when he did not.
knowingly, and/or wantonly.
327. That the Defendant, ADAM SHAF’s statements were made to convince Plaintiff, JAMES
AKMAKJIAN, to rely on them.
64
328. That Plaintiff, JAMES AKMAKJIAN, reasonably believed and relied on these statements.
329. That based on the Defendant, ADAM SHAF’s statements, the Plaintiff, JAMES
AKMAKJIAN, was enticed, convinced and induced to contract with Defendants, ADAM SHAF
and BACKYARD ESCAPE LLC, award them the construction project, and tendering the
Defendants payments totaling $60,000.00 prior to beginning construction.
and/or LZ BUILDING ADVISOR, Plaintiff, JAMES AKMAKJIAN, suffered significant
monetary damages.
COUNT XXII – VIOLATION OF 815 ILCS 505/1

[James Akmakjian v. Adam Shaf, Derek Shaf, Backyard Escape LLC, Build N Build
LLC, Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a
Luxe Design Build Group, Shaf Builders, Zurich Builders Transformations Home,
forth fully herein as Paragraph 331 of Count XXII of Plaintiffs’ First Amended Complaint.
332. At all times relevant, Defendant, ADAM SHAF, promised Plaintiff, JAMES
AKMAKJIAN, that he would remodel Plaintiff’s pool and backyard in exchange for payment.
333. The aforementioned promises were memorialized in a proposal and contract that
Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, drafted and presented to Plaintiff,
JAMES AKMAKJIAN.
65
334. At all times relevant, Defendant, ADAM SHAF and BACKYARD ESCAPE LLC,
intended for Plaintiff, JAMES AKMAKJIAN, to rely on the Defendants’ promises outlined in the
proposal and contract.
335. That Plaintiff, JAMES AKMAKJIAN, reasonably relied on the Defendants’ promises.
Defendants, ADAM SHAF and DEREK SHAF, and one or more of the Defendant Businesses:
337. That Defendants, ADAM SHAF and DEREK SHAF, by and through one or more of the
Defendant Businesses acted deceitfully to entice Plaintiff to award BACKYARD ESCAPE LLC,
to bid for the pool remodel and pay $60,000.00 to him for work that was never performed.
338. As a result of the Defendants’ deceitful acts, Plaintiff, JAMES AKMAKJIAN, was caused
to sustain monetary damages for work that was never performed.
COUNT XXIII – JOINT VENTURE
[James Akmakjian v. Debra Shaf and La Belle Et La Bete]
forth fully herein as Paragraph 339 of Count XXIII of Plaintiffs’ First Amended Complaint.
66
BUILDING ADVISOR.
marketing, promoting and advertising their services to Plaintiff, JAMES AKMAKJIAN, for the
construction, remodeling and renovation to the Plaintiff’s backyard and pool.
management of the potential construction project at Plaintiff’s home and worked collaboratively
to entice Plaintiff to award the construction bid to them.
345. At all times relevant, the aforementioned Defendants shared the costs, expenses, and profits
incurred from prior renovations.
BUILDING ADVISOR.
67
BUILDING ADVISOR, owed a duty to the Plaintiff, JAMES AKMAKJIAN, to construct,
remodel, renovate, and complete the Plaintiff’s pool backyard.
duty by:
a. Failing to begin remodeling the Plaintiff’s pool and backyard;
b. Taking Plaintiff’s money but never beginning construction;
c. Failing to return the money paid for renovations;
d. Failing to maintain the money paid in an escrow account as promised;
e. Failing to use the money paid for materials, securing vendors and subcontractors,
and begin remodeling; and
f. Being otherwise negligent.
actions as aforesaid, Plaintiff, JAMES AKMAKJIAN, was thereby injured financially, both
temporarily and permanently; was hindered and prevented from attending to his business and
affairs; and thereby sustained the loss of earnings, gains or profits; and sustained a loss of a large
sum of money.
COUNT XXIV – VICAROUS LIABILITY
[James Akmakjian v. Debra Shaf and LA BELLE Et La Bete]
forth fully herein as Paragraph 350 of Count XXIV of Plaintiffs’ First Amended Complaint.
351. At all times relevant, Defendant, DEBRA SHAF, a partner, owner, shareholder, and/or
representative of Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE
68
ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
through the use of Defendant company, LA BELLE ET LA BETE.
352. As partner, owner, shareholder, and/or representative, DEBRA SHAF, had apparent,
implied and actual authority and responsibility for Defendants, BACKYARD ESCAPE LLC,
BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION, LZ BUILDING
ADVISOR and/or LA BELLE ET LA BETE.
353. That as a partner, owner, shareholder, and/or representative of Defendants, ADAM SHAF,
SHAF BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRU-
CTION and/or LZ BUILDING ADVISOR, Defendants, DEBRA SHAF and LA BELLE ET LA
BETE, owed a duty to the Plaintiff, JAMES AKMAKJIAN, to construct, remodel, renovate, and
complete the Plaintiff’s pool as contracted for.
duty through Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BUILD N BUILD LLC,
TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR, by:
a. Failing begin remodeling the Plaintiff’s pool and backyard;
69
b. Taking Plaintiff’s money and never began construction;
temporarily and permanently; hindered and prevented from attending to his business and affairs;
and thereby sustained the loss of earnings, gains or profits and lost a large sum of money.
COUNT XXV – VIOLATION OF 815 ILCS 505/1

ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS
PRACTICES ACT
[James Akmakjian v. Debra Shaf]
forth fully herein as Paragraph 356 of Count XXI of Plaintiffs’ First Amended Complaint.
Plaintiff, JAMES AKMAKJIAN, Defendant, DEBRA SHAF, promoted, advertised, marketed,
70
solicited, and publicized BACKYARD ESCAPE LLC and/or TRANSFORMATIONS HOME’s
services to the public and potential clients, including the Plaintiffs.
personal social media accounts, as well as the social media accounts for Defendant’s company,
LA BELLE ET LA BETE, and Defendant businesses, BACKYARD ESCAPE LLC and
and TRANSFORMATIONS HOME, including Plaintiff, JAMES AKMAKJIAN.
361. Sometime thereafter, Defendant, ADAM SHAF, promised Plaintiff, JAMES
AKMAKJIAN, to remodel his pool and backyard in exchange for payment.
between Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiff, JAMES
AKMAKJIAN.
363. At all times relevant, Defendant, DEBRA SHAF, intended for Plaintiff, JAMES
AKMAKJIAN, to rely on the Defendants’ promises.
365. At all times relevant, the aforementioned work was intended to be performed, overseen,
managed, supervised and/or conducted by Defendant, DEBRA SHAF.
Defendant, ADAM SHAF, to act deceitfully throughout the course contracting with Plaintiff,
JAMES AKMAKJIAN, and convince him to award the bid to remodel his pool to BACKYARD
ESCAPE LLC.
71
367. As a result of the Defendant, DEBRA SHAF’s actions, Plaintiff, JAMES AKMAKJIAN,
was caused to sustain monetary damages, including, but not limited to, loss of funds paid for but
never returned or used to remodel his pool and backyard.
COUNT XXVI – JOINT VENTURE
[James Akmakjian v. Samuel Kim and Build N Build LLC]
forth fully herein as Paragraph 368 of Count XXVI of Plaintiffs’ First Amended Complaint.
369. At all times relevant, Defendant, SAMUEL KIM, was the owner, manager, agent, partner,
conducted business, partnered with, and had close ties with Defendants, ADAM SHAF,
BUILDING ADVISOR.
marketing, promoting and advertising their services to Plaintiff, JAMES AKMAKJIAN, for the
construction, remodeling and renovation to the Plaintiff’s backyard and pool for financial gain.
management of the potential construction project at Plaintiff’s home and worked collaboratively
to entice Plaintiff to award the construction bid to them.
72
374. At all times relevant, the aforementioned Defendants shared the costs, expenses, and profits
incurred from prior renovations.
375. At all times relevant, Defendant, ADAM SHAF, engaged Defendants, SAMUEL KIM and
BUILD N BUILD LLC, to assist, manage, and/or oversee the construction project and
subcontractors at the Plaintiff’s home.
SAMUEL KIM and BUILD N BUILD, and Defendants, ADAM SHAF, BACKYARD ESCAPE
owed a duty to the Plaintiff, JAMES AKMAKJIAN, to construct, remodel, renovate, and complete
the Plaintiff’s pool backyard.
duty by:
a. Failing to begin remodeling the Plaintiff’s pool and backyard;
b. Taking Plaintiff’s money but never beginning construction;
73
379. At all times relevant the Defendant, SAMUEL KIM, knew or should have known that
Defendant, ADAM SHAF, did not intend to begin or complete the construction project, but
rather pocket the Plaintiff’s money paid for renovations.
temporarily and permanently; was hindered and prevented from attending to his business and
affairs; and thereby sustained the loss of earnings, gains or profits; and sustained a loss of a large
sum of money.
COUNT XXVII – VICAROUS LIABILITY
[James Akmakjian v. Samuel Kim and Build N Build LLC]
forth fully herein as Paragraph 381 of Count XXVII of Plaintiffs’ First Amended Complaint.
382. At all times relevant, Defendant, SAMUEL KIM, a partner, owner, shareholder, and/or
representative of Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE
through the use of Defendant company, LA BELLE ET LA BETE.
383. That, Defendant, ADAM SHAF, engaged Defendants, SAMUEL KIM and BUILD N
BUILD LLC, to assist, manage, and/or oversee the construction project and subcontractors at the
Plaintiff’s home.
74
384. As partner, owner, shareholder, and/or representative, Defendant, SAMUEL KIM, had
apparent, implied and actual authority and responsibility for Defendants, BACKYARD ESCAPE
ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION, LZ
BUILDING ADVISOR and/or LA BELLE ET LA BETE.
385. That as a partner, owner, shareholder, and/or representative of Defendants, ADAM SHAF,
SHAF BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRU-
CTION and/or LZ BUILDING ADVISOR, Defendants, SAMUEL KIM and BUILD N BUILD
LLC, owed a duty to the Plaintiff, JAMES AKMAKJIAN, to construct, remodel, renovate, and
complete the Plaintiff’s pool as contracted for.
duty, by and through ADAM SHAF, BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING
CONSTRUCTION and/or LZ BUILDING ADVISOR, by:
a. Failing begin remodeling the Plaintiff’s pool and backyard;
b. Taking Plaintiff’s money and never began construction;
75
temporarily and permanently; hindered and prevented from attending to his business and affairs;
and thereby sustained the loss of earnings, gains or profits and lost a large sum of money.
COUNT XXVIII – VIOLATION OF 815 ILCS 505/1

ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS
PRACTICES ACT
[James Akmakjian v. Samuel Kim]
forth fully herein as Paragraph 388 of Count XXVIII of Plaintiffs’ First Amended Complaint.
389. At all times relevant, Defendants, ADAM SHAF and SAMUEL KIM, worked
Plaintiff, JAMES AKMAKJIAN, Defendant, SAMUEL KIM, assisted Defendant, ADAM SHAF,
in recruiting potential clients, obtaining business, and promoting one or more of the Defendant
businesses; services to the public and potential clients, including the Plaintiff.
391. Said solicitations and recruitment were made to entice potential clients to award one or
more of the Defendant businesses as the general contractor for a renovation project, including the
Plaintiff, JAMES AKMAKJIAN.
76
392. That the Defendant, SAMUEL KIM’s solicitation and promotion enticed potential clients
to work with Defendants, ADAM SHAF, BUILD N BUILD LLC, BACKYARD ESCAPE LLC,
BYE CONSTRUCTION and TRANSFORMATIONS HOME, including Plaintiff, JAMES
AKMAKJIAN.
393. Sometime thereafter, Defendant, ADAM SHAF, promised Plaintiff, JAMES
AKMAKJIAN, to remodel his pool and backyard in exchange for payment.
between Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiff, JAMES
AKMAKJIAN.
395. At all times relevant, Defendant, SAMUEL KIM, intended for Plaintiff, JAMES
AKMAKJIAN, to rely on the Defendants’ promises.
397. At all times relevant, the aforementioned work was intended to be performed, overseen,
managed, supervised and/or conducted by Defendants, SAMUEL KIM and/or BUILD N BUILD.
398. That Defendant, SAMUEL KIM, assisted, enticed, encouraged, and/or supported the
Defendant, ADAM SHAF, to act deceitfully throughout the course contracting with Plaintiff,
JAMES AKMAKJIAN, and convince him to award the bid to remodel his pool to BACKYARD
ESCAPE LLC.
399. As a result of the Defendant, SAMUEL KIM’s actions, Plaintiff, JAMES AKMAKJIAN,
was caused to sustain monetary damages, including, but not limited to, loss of funds paid for but
never returned or used to remodel his pool and backyard.
77
COUNT XXIX – BREACH OF CONTRACT
[Annamarie Stornello v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake
Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design
Build Group, Shaf Builders, Zurich Builders, Transformations Home
400. Plaintiff, ANNAMARIE STORNELLO, herein incorporate paragraphs 1 through 144 as if
set forth fully herein as Paragraph 400 of Count XXIX of Plaintiffs’ First Amended Complaint.
ANNAMARIE STORNELLO, to remodel the interior and exterior of her home: BACKYARD
and/or LZ BUILDING ADVISOR.
402. At all times relevant, a valid and legally binding contract existed between Plaintiff,
ANNAMARIE STORNELLO, and Defendants, ADAM SHAF and BACKYARD ESCAPE LLC.
403. Prior to the beginning of the construction work outlined in the contract, Plaintiff,
ANNAMARIE STORNELLO, provided sufficient consideration in the form of various deposits
and down payments for the materials and work expected to be performed to the backyard.
Defendant businesses listed herein to conduct the remodel, perform renovations to Plaintiff’s
property and/or fulfill the contractual obligations.
406. Throughout the course of renovations, Defendants, ADAM SHAF and BACKYARD
ESCAPE LLC, breached one or more of the following terms of the contract:
78
a. Failing to provide the Plaintiff with timely and proper invoices which sufficiently
identify each vendor and subcontractor and which proved that the invoices were
paid;
b. Failing to complete renovations inside and outside of the home by the end of June
2023;
c. Failing to complete renovations in accordance with ADAM SHAF’s proposed

timeline;
d. Failing to cooperate with the Plaintiff and other workers on the property in providing
assurance in the form of legitimate invoices;
e. Failing to pay the subcontractors the money owed for Plaintiff’s home and previous
clients’ renovations;
f. Failing to provide proper documentation, such as a declaration page or certification

of insurance, to prove that Defendants had the required insurance coverage to work
on the property;
g. Misrepresenting that there was adequate insurance coverage required to work on the
property;
h. Failing to have and maintain insurance for the renovations;
i. Representing to the Plaintiff that Defendants had a legitimate insurance policy;
j. Failing to complete the scope of work promised in the proposal;
k. Failing to complete the work that Plaintiff paid for; and
l. Failing to renovate the interior and exterior of Plaintiff’s home as planned and
promised.
and/or LZ BUILDING ADVISOR, Plaintiff, ANNAMARIE STORNELLO, sustained serious
79
property damage; was forced to hire a new general contractor and subcontractors to complete the
renovations; was left with incomplete interior and exterior renovations; and suffered significant
past, present, and future monetary and property damages.
COUNT XXX – PROMISSORY ESTOPPEL

Build Group, Shaf Builders, Zurich Builders, Transformations Home,
408. Plaintiff, ANNAMARIE STORNELLO, herein incorporates paragraphs 1 through 144 as
if set forth fully herein as Paragraph 408 of Count XXX of Plaintiffs’ First Amended Complaint.
ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiff, ANNAMARIE STORNELLO.
conducted business under one or more of the following businesses while remodeling the interior
and exterior of Plaintiff, ANNAMARIE STORNELLO’s home: BACKYARD ESCAPE LLC,
ADVISOR.
411. Throughout the course of construction, Plaintiff, ANNAMARIE STORNELLO, tendered
various payments to the Defendant, ADAM SHAF, based on the promise that he would complete
all renovations by the end of June 2023.
412. The total amount Plaintiff, ANNAMARIE STORNELLO, paid Defendants, ADAM SHAF
and BACKYARD ESCAPE LLC, was over two hundred thousand dollars ($200,000.00).
80
413. Each payment the Plaintiff, ANNAMARIE STORNELLO, made was addressed to “Adam
Shaf”, “Backyard Escape LLC”, “Build N Build LLC”, “Lake Zurich Building Group LLC”,
“Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build Group”, “Shaf Builders”,
414. Plaintiff, ANNAMARIE STORNELLO, reasonably relied on Defendant, ADAM SHAF’s
promise to her detriment.
415. Plaintiff, ANNAMARIE STORNELLO’s reliance was expected, foreseeable and was
known or should have been known to Defendant, ADAM SHAF.
416. As a result of Defendants’ failure to perform, Plaintiff, ANNAMARIE STORNELLO, was
left with interior and exterior renovations of her home and paid an exorbitant amount of money to
Defendants, ADAM SHAF and BACKYARD ESCAPE LC, for work that was never completed.
BUILD GROUP BY SHAF LL, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR to keep the money they received as payment.
COUNT XXXI – UNJUST ENRICHMENT

[Annamarie Stornello. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake
Build Group, Shaf Builders, Zurich Builders, Transformations Home and LZ Building
Advisor]
if set forth fully herein as Paragraph 418 of Count XXXI of Plaintiffs’ First Amended Complaint.
81
419. Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, made a promise to Plaintiff,
ANNAMARIE STORNELLO, to remodel the interior and exterior of her home.
conducted business under one or more of the following entities while remodeling the interior and
exterior of Plaintiff, ANNAMARIE STORNELLO’s home: BACKYARD ESCAPE LLC, BUILD
N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP
BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
ADVISOR.
421. Throughout the course of construction, Plaintiff, ANNAMARIE STORNELLO, tendered
various payments to the Defendant, ADAM SHAF, based on his promise that he would complete
all renovations by the end of June 2023.
422. The total amount Plaintiff, ANNAMARIE STORNELLO, paid Defendants, ADAM SHAF
and BAKCYARD ESCAPE LLC, was over two hundred thousand dollars ($200,000.00).
423. Each payment the Plaintiff, ANNAMARIE STORNELLO, made were addressed to “Adam
Shaf”, “Backyard Escape LLC”, “Build N Build LLC”, “Lake Zurich Building Group LLC”,
“Luxe Design Build Group by Shaf LLC d/b/a Lux Design Build Group”, “Shaf Builders”, “Zurich
Builders”, and/or “LZ Building Advisor”.
424. Plaintiff, ANNAMARIE STORNELLO, reasonably relied on Defendant, ADAM SHAF’s
promise to her detriment.
425. The Plaintiffs ANNAMARIE STORNELLO’s reliance was expected, foreseeable and was
known or should have been known to Defendant, ADAM SHAF.
82
426. As a result of Defendants’ failure to complete renovating, Plaintiff, ANNAMARIE
STORNELLO, was left incomplete renovations to the interior and exterior of her home and paid
an exorbitant amount of money to Defendants, ADAM SHAF and BACKYARD ESCAPE LLC,
for work that was never completed.
BUILDING ADVISOR to keep the money they received as payment.
COUNT XXXII – NEGLIGENCE
Build Group, Shaf Builders, Zurich Builders, Transformations Home,
if set forth fully herein as Paragraph 428 of Count XXXII of Plaintiffs’ First Amended Complaint.
429. At all times relevant to the remodel of the Plaintiff, ANNAMARIE STORNELLO’s home,
Defendant, ADAM SHAF, was the owner, manager, agent, employee, representative, and/or
servant of one or more of the following Defendant businesses: BACKYARD ESCAPE LLC,
ADVISOR.
430. At all times relevant, Defendant businesses, BACKYARD ESCAPE LLC, BUILD N
83
SHAF LLC, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR, by
and through Defendant, ADAM SHAF, owed a duty to the Plaintiff, ANNAMARIE
STORNELLO, to construct, remodel, renovate, and complete the Plaintiff’s renovations in a
reasonable and workmanlike fashion and in accordance with all relevant and required general
contractor and construction standards recognized in their respective industries.
431. Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH
HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR, and ADAM SHAF,
breached the aforementioned duty by:
a. Providing subpar and poor workmanlike renovations to the interior and exterior of
the home;
b. Failing to complete the work started inside and outside of the home;
c. Failing to meet promised deadlines;
d. Failing to supervise and manage the construction projects for the home as part of his
responsibilities and duties as the general contractor;
e. Failing to obtain proper permits to conduct construction upon the Plaintiff’s

property;
g. Using the wrong materials and hardware that was not agreed to by Plaintiff;
h. Failing to use the right counter tops, cabinets, and hardware throughout the interior
of the home while renovating;
i. Improperly cut a beam that was supposed to be installed in the home, rendering it
useless and unreturnable;
j. Failing to pay subcontractors for the work performed upon the property;
84
k. Failing to maintain proper insurance for the construction project;
l. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
m. Failing to pay vendors for various materials needed for renovations;
n. Failing to complete all renovations promised to be completed;
o. Failed to return all money remaining for work that was never completed; and
p. Was otherwise negligent when performing renovations on the property.
432. As a proximate result of the Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS, LZ
BUILDING ADVISOR, BYE CONSTRUCTION and/or TRANSFORMATIONS HOME and
ADAM SHAF’s actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured
financially, both temporarily and permanently; sustained property damage; was hindered and
prevented from attending to her business and affairs; sustained the loss of earnings, gains or profits;
and was forced to pay out, expend and become liable for large sums of money for the damages
sustained herein.
COUNT XXXIII – MISREPRESENTATION
[Annamarie Stornello v. Adam Shaf, Debra Shaf, Backyard Escape LLC, Build N Build
Luxe Design Build Group, Shaf Builders, Zurich Builders, Transformations Home,
Paragraph 433 of Count XXXIII of Plaintiffs’ First Amended Complaint.
85
434. At all times relevant, Defendants, DEREK SHAF and DEBRA SHAF, worked
collaboratively as partners, managers and/or general contractors to conduct the construction work
on Plaintiff’s property.
435. That Defendants, ADAM SHAF and DEBRA SHAF, by and through the use of one or
more of the Defendant businesses, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE
made the following false statements of material fact:

Plaintiff’s property;
b. Advised that all invoices for all vendors and subcontractors were paid when they
were not;
c. Created all of the Defendant businesses to avoid pending judgments filed against
him;
business address;
property;
when there was not;
g. Created invoices memorializing that the subcontractor services and materials were
h. Stated that he lacked knowledge as to why the subcontractors stopped working on

renovations to the home;
i. Repeatedly promised to meet deadlines they never were; and
86
j. Communicated that materials had been delivered to the property to begin certain
work when it was not.
favorable to Plaintiff and convince her to award the Defendants the construction project to them
and continue working, without knowledge of whether the statements or promises were true or
could be performed.
437. That at all times relevant, Defendants, ADAM SHAF and DEBRA SHAF, by and through
the Defendant businesses, knew or should have known Plaintiff would consider and/or rely on the
aforementioned representations when contracting with Defendants and awarding them the
construction bid.
438. That Plaintiff reasonably relied on the aforementioned information and/or statements and
reasonably believed that these statements were truthful and honest.
Plaintiff was enticed, encouraged and induced to enter into a contract with Defendants, ADAM
SHAF and BACKYARD ESCAPE LLC, award them the construction project, and pay the
Defendants large sums of money before construction began.
440. As a result of the aforementioned misrepresentations made by Defendant, ADAM SHAF,
by and through the use of one and/or all of the Defendant businesses, Plaintiff, ANNAMARIE
STORNELLO, suffered significant past, present, and future property and monetary damages
arising out of or relating to the terms of this contract and work performed which is valued over
$200,000.00.
441. As a result of the aforementioned Defendants’ misrepresentations, Plaintiff,
ANNAMARIE STORNELLO, suffered significant past, present, and future monetary and
property damages.
87
COUNT XXXIV – FRAUD
[Annamarie Stornello v. Adam Shaf, Debra Shaf, Backyard Escape LLC, Build N Build
Luxe Design Build Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor.
442. Plaintiff, ANNAMARIE STORNELLO, herein incorporate paragraphs 1 through 144 as if
set forth fully herein as Paragraph 442 of Count XXXIV of Plaintiffs’ First Amended Complaint.
443. At all times relevant, Defendants, DEREK SHAF and DEBRA SHAF, worked
collaboratively as partners, managers and/or general contractors to conduct the construction work
on Plaintiff’s property.
444. That Defendants, ADAM SHAF and DEBRA SHAF, by and through the use of one or
more of the Defendant businesses intentionally and knowingly made the following false statements
of material fact to Plaintiff, ANNAMARIE STORNELLO:

Plaintiff’s property;
b. Advised that all invoices for all vendors and subcontractors were paid when they
were not;
c. Created all of the Defendant businesses to avoid pending judgments filed against
him;
business address;
property;
when there was not;
g. Created invoices memorializing that the subcontractor services and materials were
88
h. Stated that he lacked knowledge as to why the subcontractors stopped working on
renovations to the home;
i. Repeatedly promised to meet deadlines Defendants knew they never were going to
meet or complete; and
j. Communicated that materials had been delivered to the property to begin certain
work when it was not.
446. That Defendant, ADAM SHAF’s statements were made to convince Plaintiff,
ANNAMARIE STORNELLO, to rely on these statements.
447. That Plaintiff, ANNAMARIE STORNELLO, reasonably believed and relied on the
448. That based on the aforementioned statements made, the Plaintiff was induced and
downpayments before work began.
SHAF, by and through the use of Defendant, DEBRA SHAF, and/or one or more of the Defendant
CONSTRUCTION and/or LZ BUILDING ADVISOR, Plaintiff, ANNAMARIE STORNELLO,
suffered significant past, present, and future monetary and property damages valued over
$200,000.00.
89
COUNT XXXV – VIOLATION OF 815 ILCS 505/1
[Annamarie Stornello v. Adam Shaf, Derek Shaf, Debra Shaf, Samuel Kim, Backyard
Escape LLC, Build N Build LLC, Lake Zurich Building Group LLC, Luxe Design Build
Group by Shaf LLC d/b/a Luxe Design Build Group, Shaf Builders, Zurich Builders
Transformations Home, Bye Construction and LZ Building Advisor]
if set forth fully herein as Paragraph 450 of Count XXXV of Plaintiffs’ First Amended Complaint.
451. At all times relevant, Defendant, ADAM SHAF, promised Plaintiff, ANNAMARIE
STORNELLO, to renovate the interior and exterior of her home in exchange for payment.
452. That Plaintiff, ANNAMARIE STORNELLO, paid Defendant, ADAM SHAF, money to
renovate her home based on his promise.
453. At all times relevant, Defendant, ADAM SHAF, intended for Plaintiff, ANNAMARIE
STORNELLO, to rely on the Defendant’s promises.
454. That Plaintiff, ANNAMARIE STORNELLO reasonably relied on Defendant’s promises.
one or more of the Defendant Businesses: BACKYARD ESCAPE LLC, BUILD N BUILD LLC,
456. That Defendant, ADAM SHAF, by and through one or more of the Defendant Businesses
acted deceitfully throughout the course of remodeling the Plaintiff’s home, which occurred in the
course of conduct involving trade and commerce.
457. That as a result of the Defendant’s deceitful acts, Plaintiff, ANNAMARIE STORNELLO,
was caused to sustain monetary and property damages, including, but not limited to, loss of funds
90
paid to the Defendants, and consequential damages due to being forced to hire a new
subcontractors to fix and finish the subpar work performed by Defendants.
COUNT XXXVI – JOINT VENTURE
[Annamarie Stornello v. Derek Shaf and Epoxy Floor Tech LLC]
if set forth fully herein as Paragraph 458 of Count XXXVI of Plaintiffs’ First Amended Complaint.
459. At all times relevant, Defendant, DEREK SHAF, was the owner, manager, agent,
representative, and/or servant of Defendant company, EPOXY FLOOR TECH LLC.
460. At all times relevant, Defendants, DEREK SHAF and/or EPOXY FLOOR TECH LLC,
ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION BYE
marketing, promoting and advertising their services to Plaintiff, ANNAMARIE STORNELLO, to
construct, remodel and renovate the Plaintiff’s home.
management of the construction project at Plaintiff’s home and worked collaboratively to perform
and complete these renovations.
91
incurred from the renovations performed at the Plaintiff’s home.
465. That at all times relevant, a joint venture relationship existed between Defendants, DEREK
SHAF and EPOXY FLOOR TECH LLC, and Defendants, ADAM SHAF, BACKYARD ESCAPE
ZURICH BUILDERS, BYE CONSTRUCTION and LZ BUILDING ADVISOR.
466. At all times relevant, Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, by
and through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD
and/or LZ BUILDING ADVISOR, owed a duty to the Plaintiff, ANNAMARIE STORNELLO, to
construct, remodel, renovate, and complete the Plaintiff’s home in a reasonable and workmanlike
fashion, and in accordance with all relevant and required general contractor and construction
standards recognized in their respective industries.
a. Providing subpar and poor workmanlike renovations to the interior and exterior of the
home;
92
e. Failing to obtain proper permits to conduct construction upon the Plaintiff’s property;
h. Failing to use the right counter tops, cabinets, and hardware throughout the interior of
the home while renovating;
payment;
LLC’s actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured
financially, both temporarily and permanently; hindered and prevented from attending to her
business and affairs; sustained the loss of earnings, gains or profits; and was forced to pay out,
expend and become liable for large sums of money for the damages sustained herein.
COUNT XXXVII – VICAROUS LIABILITY

[Annamarie Stornello v. Derek Shaf and Epoxy Tech LLC]
93
if set forth fully herein as Paragraph 469 of Count XXXVII of Plaintiffs’ First Amended
Complaint.
470. At all times relevant, Defendant, DEREK SHAF, was an agent, employee, representative,
and/or servant of Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BUILD N BUILD
through the use of Defendant company, EPOXY FLOOR TECH LLC.
CONSTRUCTION and/or LZ BUILDING ADVISOR, Defendants, DEREK SHAF and EPOXY
FLOOR TECH LLC, owed a duty to the Plaintiff, ANNAMARIE STORNELLO, to construct,
remodel, renovate, and complete the Plaintiff’s home in a reasonable and workmanlike fashion,
and in accordance with all relevant and required general contractor and construction standards
recognized in their respective industries.
the home;
94

property;
payment;
LLC’s actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured
financially, both temporarily and permanently; hindered and prevented from attending to her
business and affairs, sustained the loss of earnings, gains or profits; and forced to pay out, expend
and become liable for large sums of money for the damages sustained herein.
95
COUNT XXXVIII – JOINT VENTURE
[Annamarie Stornello Etoh v. Debra Shaf and LA BELLE Et La Bete]
if set forth fully herein as Paragraph 474 of Count XXXVIII of Plaintiffs’ First Amended
Complaint.
BUILDING ADVISOR.
marketing, promoting and marketing their services to Plaintiff, ANNAMARIE STORNELLO, for
the construction, remodeling and renovation of the Plaintiff’s home.
96
BUILDING ADVISOR.
ZURICH BUILDERS, TRANSFORMATIONS HOME and/or LZ BUILDING ADVISOR, owed
a duty to the Plaintiff, ANNAMARIE STORNELLO, to construct, remodel, renovate, and
complete the Plaintiff’s home in a reasonable and workmanlike fashion, and in accordance with
all relevant and required general contractor and construction standards recognized in their
respective industries.
duty by:
the home;

property;
97
payment;
actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured financially, both
temporarily and permanently; hindered and prevented from attending to her business and affairs,
sustained the loss of earnings, gains or profits; and forced to pay out, expend and become liable
for large sums of money for the damages sustained herein.
COUNT XXXIX – VICAROUS LIABILITY

[Annamarie Stornello v. Debra Shaf and La Belle Et La Bete]
if set forth fully herein as Paragraph 485 of Count XXXIX of Plaintiffs’ First Amended Complaint.
98
486. At all times relevant, Defendant, DEBRA SHAF, was a partner, owner, agent, employee,
representative, and/or servant of Defendants, ADAM SHAF, BACKYARD ESCAPE LLC,
ADVISOR through the use of Defendant’s company, LA BELLE ET LA BETE.
487. That at all times relevant, Defendant, DEBRA SHAF, oversaw, managed, assisted with
and/or controlled the construction work and subcontractors working at the Plaintiff’s property.
488. That as a partner, owner, agent, employee, representative, and/or servant of Defendants,
ADAM SHAF, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH
HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR, Defendants, DEBRA SHAF
and LA BELLE ET LA BETE, owed a duty to the Plaintiff, ANNAMARIE STORNELLO, to
construct, remodel, renovate, and complete the Plaintiff’s home in a reasonable and workmanlike
fashion, and in accordance with all relevant and required general contractor and construction
standards recognized in their respective industries.
duty by:
the home;
99
e. Failing to obtain proper permits to conduct construction upon the Plaintiff’s property;
payment;
temporarily and permanently; hindered and prevented from attending to their business and affairs,
100
COUNT XL – VIOLATION OF 815 ILCS 505/1
[Annamarie Stornello v. Debra Shaf]
if set forth fully herein as Paragraph 491 of Count XL of Plaintiffs’ First Amended Complaint.
CONSTRUCTION, and/or LZ BUILDING ADVISOR.
Plaintiff, ANNAMARIE STORNELLO, Defendant, DEBRA SHAF, promoted, advertised,
marketed, solicited, and publicized BACKYARD ESCAPE LLC and/or TRANSFORMATIONS
HOME’s services to the public and potential clients, including the Plaintiff.
personal social media accounts, as well as the social media accounts for Defendant company, LA
BELLE ET LA BETE, and Defendant businesses, BACKYARD ESCAPE LLC and
and TRANSFORMATIONS HOME, including Plaintiff, ANNAMARIE STORNELLO.
496. Sometime thereafter, Defendant, ADAM SHAF, promised Plaintiff, ANNAMARIE
STORNELLO, to provide remodeling services to her home in exchange for payment.
101
497. The aforementioned promises were memorialized when Plaintiff tendered payments to
Defendant, ADAM SHAF, for said renovations.
498. Said payments which were accepted by Defendant, ADAM SHAF.
499. At all times relevant, Defendant, DEBRA SHAF, intended for Plaintiff, ANNAMARIE
STORNELLO, to rely on the Defendant, ADAM SHAF’s promises.
500. That Plaintiff, ANNAMARIE STORNELLO, reasonably relied on the Defendant’s
promises.
supervised and/or conducted by Defendant, DEBRA SHAF.
Defendant, ADAM SHAF, to act deceitfully throughout the course of remodeling the Plaintiff’s
home, which occurred in the course of conduct involving trade and commerce.
was caused to sustain monetary damages, including, but not limited to, loss of funds paid to the
Defendants, property damage, and consequential damages due to being forced to hire new
subcontractors to finish the subpar work the Defendants started but never completed.
COUNT XLI – JOINT VENTURE
[Annamarie Stornello Etoh v. Samuel Kim and Build N Build LLC]
if set forth fully herein as Paragraph 504 of Count XLI of Plaintiffs’ First Amended Complaint.
505. At all times relevant, Defendant, SAMUEL KIM, was the owner, manager, agent,
102
conducted business, partnered with, and had close ties with Defendants, ADAM SHAF,
BUILDING ADVISOR.
marketing, promoting and marketing their services to Plaintiff, ANNAMARIE STORNELLO, for
the construction, remodeling and renovation of the Plaintiff’s home.
511. That at all times relevant, Defendant, ADAM SHAF, engaged Defendants, SAMUEL KIM
and BUILD N BUILD LLC, to assist in renovating and remodeling the Plaintiff’s home.
SAMUEL KIM and BUILD N BUILD LLC, and Defendants, ADAM SHAF, BACKYARD
ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY
103
TRANSFORMATIONS HOME and/or LZ BUILDING ADVISOR, owed a duty to the Plaintiff,
ANNAMARIE STORNELLO, to construct, remodel, renovate, and complete the Plaintiff’s home
in a reasonable and workmanlike fashion, and in accordance with all relevant and required general
contractor and construction standards recognized in their respective industries.
duty by:
the home;

property;
104
payment;
temporarily and permanently; hindered and prevented from attending to her business and affairs,
COUNT XLII – VICAROUS LIABILITY

[Annamarie Stornello v. Samuel Kim and Build N Build LLC]
if set forth fully herein as Paragraph 516 of Count XLII of Plaintiffs’ First Amended Complaint.
517. At all times relevant, Defendant, SAMUEL KIM, was a partner, owner, agent, employee,
representative, and/or servant of Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, LAKE
LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS, TRANSFOR-
MATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR through the use
of Defendant’s company, BUILD N BUILD LLC.
518. That at all times relevant, Defendant, SAMUEL KIM, oversaw, managed, assisted with
and/or controlled the construction work and subcontractors working at the Plaintiff’s property.
105
519. That as a partner, owner, agent, employee, representative, and/or servant of Defendants,
ADAM SHAF, BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
and/or LZ BUILDING ADVISOR, Defendants, SAMUEL KIM and BUILD N BUILD LLC,
owed a duty to the Plaintiff, ANNAMARIE STORNELLO, to construct, remodel, renovate, and
complete the Plaintiff’s home in a reasonable and workmanlike fashion, and in accordance with
all relevant and required general contractor and construction standards recognized in their
respective industries.
duty by:
q. Providing subpar and poor workmanlike renovations to the interior and exterior of
the home;
r. Failing to complete the work started inside and outside of the home;
s. Failing to meet promised deadlines;
t. Failing to supervise and manage the construction projects for the home as part of his
u. Failing to obtain proper permits to conduct construction upon the Plaintiff’s property;
v. Using improper or faulty materials for the renovations;
w. Using the wrong materials and hardware that was not agreed to by Plaintiff;
x. Failing to use the right counter tops, cabinets, and hardware throughout the interior
y. Improperly cut a beam that was supposed to be installed in the home, rendering it
z. Failing to pay subcontractors for the work performed upon the property;
106
aa. Failing to maintain proper insurance for the construction project;
bb. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
cc. Failing to pay vendors for various materials needed for renovations;
dd. Failing to complete all renovations promised to be completed;
ee. Failed to return all money remaining for work that was never completed; and
ff. Was otherwise negligent when performing renovations on the property.
temporarily and permanently; hindered and prevented from attending to their business and affairs,
COUNT XLIII – VIOLATION OF 815 ILCS 505/1

[Annamarie Stornello v. Samuel Kim]
if set forth fully herein as Paragraph 522 of Count XLIII of Plaintiffs’ First Amended Complaint.
523. At all times relevant, Defendants, ADAM SHAF and SAMUEL KIM, worked
CONSTRUCTION, and/or LZ BUILDING ADVISOR.
107
Plaintiff, ANNAMARIE STORNELLO, Defendants, ADAM SHAF and SAMUEL KIM, worked
as partners to solicit, entice, recruit, and obtain new clients to perform construction services for
through or more more of the Defendant Businesses.
525. That the Defendants, ADAM SHAF and SAMUEL KIM’s recruitment, promotion,
marketing and promotion enticed potential clients to work with Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, BYE CONSTRUCTION and TRANSFORMATIONS HOME,
including Plaintiff, ANNAMARIE STORNELLO.
526. Sometime thereafter, Defendant, ADAM SHAF, promised Plaintiff, ANNAMARIE
STORNELLO, to provide remodeling services to her home in exchange for payment.
527. The aforementioned promises were memorialized when Plaintiff tendered payments to
Defendant, ADAM SHAF, for said renovations.
528. Said payments which were accepted by Defendant, ADAM SHAF.
529. At all times relevant, Defendant, SAMUEL KIM, intended for Plaintiff, ANNAMARIE
STORNELLO, to rely on the Defendant, ADAM SHAF’s promises.
530. That Plaintiff, ANNAMARIE STORNELLO, reasonably relied on the Defendant’s
promises.
supervised and/or conducted by Defendant, SAMUEL KIM.
532. That Defendant, SAMUEL KIM, assisted, enticed, encouraged, and/or supported the
Defendant, ADAM SHAF, to act deceitfully throughout the course of remodeling the Plaintiff’s
home, which occurred in the course of conduct involving trade and commerce.
108
was caused to sustain monetary damages, including, but not limited to, loss of funds paid to the
Defendants, property damage, and consequential damages due to being forced to hire new
subcontractors to finish the subpar work the Defendants started but never completed.
PRAYER FOR RELIEF
WHEREFORE the Plaintiffs, DANIEL ETOH, TONIA ETOH, JAMES AKMAKJIAN,
and ANNAMARIE STORNELLO, pray that this honorable Court to enter an order of judgment
against Defendants declaring and determining the following:
a. An award for compensatory damages;
b. An award of punitive damages;
c. An award for consequential damages; and
d. All other relief this Court deems fair and just.
Respectfully submitted,
TORRES LAW, LLC.
BY:_____________________________
MAELENE J. TORRES
Maelene J. Torres # 6325901

TORRES LAW, LLC
3850 N. Wilke Road
Arlington Heights, IL 60004
847-666-6253
Maelene.torres@clientsrv.com
109

SHAF - December Amended Complaint 11-15-23

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

SHAF - December Amended Complaint 11-15-23

Uploaded by

Copyright:

Available Formats

FILED

DANIEL ETOH, TONIA ETOH,

ADAM SHAF, DEREK SHAF, DEBRA SHAF,

FIRST AMENDED COMPLAINT AT LAW

Illinois business, TRANSFORMATIONS HOME, an Illinois business, BYE CONSTRUCTION,

an Illinois Business (collectively “Defendant businesses”), and LA BELLE ET LA BETE

referred to as “Defendant Company”) state as follows:

NATURE OF THE ACTION

PARTIES, JURISDICTION, AND VENUE

5. At all times relevant, Plaintiff, ANNAMARIE STORNELLO, resided in the County of

Lake and State of Illinois.

resided in the County of Lake and State of Illinois.

resided in the County of Lake and State of Illinois.

resided in the County of Lake and State of Illinois.

and/or resided in the County of Lake and State of Illinois.

conducted business in the County of Lake and State of Illinois.

conducted business in the County of Lake and State of Illinois.

business in the County of Lake and State of Illinois.

that conducted business in the County of Lake and State of Illinois.

that conducted business in the County of Lake and State of Illinois.

conducted business in the County of Lake and State of Illinois.

that conducted business in the County of Cook and State of Illinois.

owned, operated, managed, and/or maintained by Defendant, ADAM SHAF.

managed, and/or maintained by Defendant, DEREK SHAF.

managed, and/or maintained by Defendant, DEBRA SHAF.

and Defendants reside in the State of Illinois.

Defendants reside or conduct business in Lake County, Illinois.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

Cook County, Illinois.

provided by or facilitated by one or more of the Defendant businesses.

EPOXY FLOOR TECH LLC. (See http://garagefloorplan.com/).

attached as Exhibit 1).

BUILDERS, LZ BUILDING ADVISORS, TRANSFORMATIONS HOME and BYE

CONSTRUCTION. (See https://adamshaf.com/, Transformations Home/Backyard Escape LLC

LLC, and TRANSFORMATIONS HOME.

clients. (See Build N Build Invoice herein attached as Exhibit 3).

for said construction and remodeling projects. Ex.3.

Screenshots herein attached as Exhibit 4).

attached as Exhibit 5).

the interior design business, LA BELLE ET LA BETE. Ex. 5.

construction projects and remodeling homes. (See Transformations.home/Backyard Escapes Reel

by Debra Shaf herein attached as Exhibit 6).

ongoing effort to gain business. Ex.5. and Ex. 6.

outstanding invoices relative to past construction projects.

aforementioned Defendant businesses to generate invoices to appear like a legitimate business.

(See Etoh Invoices herein attached as Exhibit 8).

Zurich, Illinois 60047 (UPS P.O. Box). Ex.6.

herein attached as Exhibit 10).

A. Plaintiffs Daniel and Tonia Etoh

improvements to their backyard.

to the Plaintiffs for the construction project of the Plaintiffs’ backyard.

construction and upon completion of said stages.” Ex. 11.

for non-completion per schedule.” Ex. 11.

57. Section 4 also states,

The work to be performed under this Agreement shall commence on and be

58. According to Section 6,

the Insurance Document herein attached as Exhibit 12).

61. The termination clause found in Section 10 of the Agreement states,

construction of the home.

the pool would have had to be completed on July 26, 2023.

June 8, 2023, states otherwise.

2023 Email herein attached as Exhibit 12.

Scheduling and Invoices