Filing # 201819709 E-Filed 07/02/2024 04:44:58 PM
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`16-2024-CC-011120-AXXX-MA Div: CC-I
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`IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT
`IN AND FOR DUVAL COUNTY, FLORIDA
`CIVIL DIVISION
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`ESTEP AND HESSBURG, LLC
`D/B/A PROFORMANCE ROOFING,
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`Plaintiff,
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`v.
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`LASHONDRA THOMPSON and
`JAMES REVELS,
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`Defendants.
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`_______________________________________/
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`CASE NO:
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`Plaintiff, Estep and Hessburg, LLC d/b/a Proformance Roofing (“Proformance”), by and
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`COMPLAINT
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`through undersigned counsel, files suit against Defendants, Lashondra Thompson and James
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`Revels (“Defendants”), and states as follows:
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`PARTIES, JURISDICTION AND VENUE
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`1.
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`Proformance is a Florida limited liability company authorized to do business in
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`Duval County, Florida.
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`2.
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`Florida.
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`3.
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`Statutes.
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`4.
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`Defendants are citizens of the State of Florida, currently residing in Duval County,
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`This Court has subject matter jurisdiction pursuant to Section 26.012, Florida
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`Venue is proper in Duval County, Florida, pursuant to Section 47.011, Florida
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`Statutes, because it is where the Defendants reside, where the cause of action accrued and where
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`the property that is the subject of this Complaint is located.
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/03/2024 09:50:26 AM
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`5.
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`Proformance has retained the undersigned counsel and is obligated to pay them
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`their reasonable attorneys’ fees, costs and expenses for prosecuting this matter.
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`6.
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`All conditions precedent to the maintenance of this action have occurred, have been
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`waived, or have otherwise been fully performed.
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`COUNT I
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`BREACH OF CONTRACT
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`7.
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`This is an action for damages against the Defendant, Lashondra Thompson, based
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`on breach of a construction contract.
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`8.
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`Proformance incorporates the allegations contained in paragraphs 1 through 6 as if
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`fully set forth herein.
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`9.
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`On or about August 29, 2023, Proformance entered into a construction contract with
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`the Defendant, Lashondra Thompson, to provide roofing services at the Defendants’ home located
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`at 673 West 16th Street, Jacksonville, Florida 32206 (the “Project”). A true and correct copy of
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`the Contract is attached as Exhibit A.
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`10.
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`Proformance fully furnished all labor, services and materials under the terms of the
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`Contract for completion of the Project.
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`11.
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`Proformance is entitled to receive payment from the Defendant, Lashondra
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`Thompson, for the labor, services and materials incorporated into the Project pursuant to Contract,
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`of which there remains an unpaid principal balance of $9,485.95.
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`12.
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`Despite demand, the Defendant, Lashondra Thompson, has failed to pay
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`Proformance the balance owed of $9,485.95 for the labor, services and materials provided under
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`the Contract.
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`13.
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`Accordingly, the Defendant, Lashondra Thompson, materially breached the
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`Contract by failing to pay Proformance all sums owed under the Contract.
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`2
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`14.
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`15.
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`Proformance is entitled to recovery of its attorneys’ fees pursuant to the Contract.
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`As a direct and proximate cause of the Defendant, Lashondra Thompson’s, breach
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`of the Contract, Proformance has suffered damages, including, without limitation, the Contract
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`balance of $9,485.95, interest, attorneys’ fees and costs.
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`WHEREFORE, Proformance demands judgment against the Defendant, Lashondra
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`Thompson, for damages, interest, attorneys’ fees and costs, and for such other relief as the Court
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`deems appropriate under the circumstances.
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`COUNT II
`LIEN FORECLOSURE
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`This is an action to enforce a construction lien pursuant to Chapters 713 and 85,
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`16.
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`Florida Statutes.
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`17.
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`Proformance incorporates the allegations contained in paragraphs 1 through 15, as
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`if fully set forth herein.
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`18.
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`At all times material hereto, Defendants were the owners of the real property
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`located at 673 West 16th Street, Jacksonville, Florida 32206 (the “Property”).
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`19.
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`20.
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`21.
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`Proformance’s first day of work at the Property was January 12, 2024.
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`Proformance’s last day of work at the Property was January 17, 2024.
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`On February 13, 2024, Proformance timely recorded its Claim of Lien in the
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`amount of $9,485.95 in the Official Records of Duval County, Florida, Instrument Number
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`2024029604. A true and correct copy of the recorded Claim of Lien is attached hereto as Exhibit
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`“B.”
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`22.
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`Proformance subsequently served its Claim of Lien on Defendants.
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`3
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`23.
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`On or about May 22, 2024, Proformance served its Contractor’s Final Payment
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`Affidavit upon Defendants. A true and correct copy of the affidavit is attached hereto and
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`incorporated herein as Exhibit “C.”
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`24.
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`Proformance has timely filed this action within one (1) year of the date the Claim
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`of Lien was recorded.
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`25.
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`All conditions precedent to payment have been performed, have been waived or
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`have occurred, and Proformance has complied with all statutory prerequisites to suit.
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`26.
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`There is now due and owing to Proformance on the Project the lienable sum of
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`$9,485.95, plus interest, attorneys’ fees, and costs.
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`27.
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`28.
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`Despite demand for payment, Proformance remains unpaid.
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`Proformance is entitled to its attorneys’ fees and costs pursuant to Section 713.29,
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`Florida Statutes.
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`WHEREFORE, Proformance respectfully requests that this Court:
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`A.
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`recognize Plaintiff’s lien claim in the amount due of $9,485.95, relating back to the
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`date of the Notice of Commencement, plus interest, costs, and attorneys’ fees;
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`B.
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`enter an order that the Property be sold at judicial sale and the proceeds distributed
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`to Proformance until Proformance is paid in full;
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`C.
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`D.
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`render a personal money judgment against the Defendants;
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`should a deficiency occur after application of the sale proceeds, declare that
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`Plaintiff be granted a deficiency decree; and
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`E.
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`29.
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`grant such other relief as the Court deems appropriate.
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`COUNT III
`UNJUST ENRICHMENT
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`This is an action in the alternative against the Defendants for unjust enrichment.
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`4
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`30.
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`Proformance incorporates the allegations contained in paragraphs 1 through 5 as if
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`fully set forth herein.
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`31.
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`Proformance provided roofing construction improvements to the residential
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`property located at 673 West 16th Street, Jacksonville, Florida 32206 (the “Property”).
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`32.
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`Proformance provided a benefit in the form of roofing improvements and related
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`construction services to the Property owned by the Defendants.
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`33.
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`Defendants knew that Proformance provided roofing improvements and related
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`construction services on the Property.
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`34.
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`Despite this knowledge, the Defendants have failed and refused to fully pay
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`Proformance for all of the work performed by Proformance on the Property.
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`35.
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`Proformance has conferred a benefit upon the Defendants by providing the roofing
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`improvements and related construction services to the Property.
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`36.
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`The Defendants have knowledge of the benefit and have accepted and retained
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`benefit conferred by Proformance, thereby making it inequitable for the Defendants to retain such
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`benefit without paying the value thereof.
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`37.
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`The total reasonable value for the materials and work provided and performed by
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`Proformance that remains outstanding is $9,485.95.
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`38.
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`Despite demand, the Defendants have refused and failed to issue payment to
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`Proformance for the work Proformance has performed on the Property.
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`39.
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`Property.
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`40.
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`Proformance is entitled to the reasonable value of the work performed on the
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`Proformance has suffered damages including, without limitation, the amount owed
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`of $9,485.95 plus interest and costs.
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`5
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`Proformance is without an adequate remedy at law.
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`Proformance is entitled to an award of pre-judgment interest pursuant to applicable
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`41.
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`42.
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`Florida law.
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`WHEREFORE, Proformance demands judgment against the Defendants for damages,
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`interest, costs, and for such other relief as the Court deems appropriate under the circumstances.
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`Date: July 2, 2024
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`Respectfully submitted,
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`/s/ Brian R. Lambert
`Brian R. Lambert, Esq.
`Florida Bar No. 613401
`Adams and Reese LLP
`100 North Tampa Street, Suite 4000
`Tampa, Florida 33602
`Tel: 813.402.2880 | Fax: 813.402.2887
`PRIMARY: brian.lambert@arlaw.com
`SECONDARY: elaine.glotz@arlaw.com
`Counsel for Estep and Hessburg, LLC
`d/b/a Proformance Roofing
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`6
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`EXHIBIT A
`EXHIBIT A
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`

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`SeRYANebay
`jets al Ele
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`croFormanceRoofing - ReRoof
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`270 W.Plant Street Suite 310
`Winter Garden, FL 34787
`Phone: (407) 702-0206
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`Company Representative
`James Ley
`Phone:(904) 802-2128
`Jamesley @proformanceroofs.com
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`Lashondra Thompson
`673 West 16th Street
`Jacksonville, FL 32206
`(904) 365-3310
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`Roofing - Shingle Section
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`Reroof estimate
`08/29/2023
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`Job: Lashondra Thompson
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`ProFormance Roofing strives to be at the forefront of customer service-based roofing, creating a successful partnership with
`our customers. Our goal is to pass our knowledge and expertise on to our customers so that they may make an informed
`purchasing decision that meets their specific needs, while providing the highest quality products that will last for years to
`comeat an exceptional value.
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`Colors Available: Moire Black, Weathered Wood, Heather Blend, Georgetown Gray,Silver Birch, Resawn Shake
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`Qty—_-Unit
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`CertainTeed System
`Certainteed Landmark AR
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`Certainteed XT25 Hip and Ridge
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`Certainteed XT25 Starter
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`UNDERLAYMENT
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`ProformanceRoofing Synthetic Underlayment
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`2-Layers of synthetic underlaymentbeing installed to meet new Florida
`(2020)install code requirements.
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`50
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`2
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`2
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`4
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`BD
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`BD
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`BD
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`RL
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`Mid-States QUIK-Stick Ice & Water Shield - Granulated (2 sq)
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`1
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`RL
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`Install premium granulated peel and stick in and around all water
`conversion / access points.
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`METALS & FLASHINGS
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`Galvanized Stee! Drip Edge (10’)
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`Mule-Hide #211 Plastic Cement (5 Gal)
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`ATTIC VENTILATION
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`CertainTeed Ridge Vent - Unfiltered w/ Nails - 12" (4')
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`PIPE BOOTS & FLASHINGS
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`Pipe Boot - Lead 2"
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`Pipe Boot - Lead 4"
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`NAILS & FASTNERS
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`Re-nail decking every 6in to meet new Florida fastening pattern requirement / code.
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`Plastic Cap Nails - 1" (3000 Cnt)
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`30
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`1
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`PC
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`EA
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`11
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`PC
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`2
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`1
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`EA
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`EA
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`1
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`BX
`
`hitps://my.acculynx.com/jobs/a35737b5-3b2b-493c-aa8b-47af...dife28/estimates/93bda380-969c -31e2-a33a-a7e27(5aalfb/new
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`8/29/23, 9:24 AM
`Page lof 5
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`Roofing Coil Nails - 1 1/4" (7200 Cnt)
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`Coil Nails - Ring Shank - .113"x2 3/8" (5000 Cnt)
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`INSTALLATION
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`Labor
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`Removalof all existing roofing material. Installation of Dry In Materials,
`Starter Shingles, Field Shingles and Hip & Ridge Shingles. Includes pipe
`boots, exhaust vents, and attic ventilation.
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`Dumpster & Disposal Fee
`LABOR EXTRAS
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`Removal - Shingle Roof (Addti Layer)
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`Removalof additional layer of shingles.
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`FLAT ROOF SECTION
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`Certainteed Flintlastic SBS SA Ply Base (2 sq)
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`Certainteed Flintlastic SBS SA Cap Sheet(1 sq)
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`Mule-Hide #421 Mod Bit Flashing Adhesive - Trowel Grade (5 Gal)
`Mulehide #121 Asphalt Primer Spray (14 oz)
`Removal - Rolled Roofing
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`Removalofflat rolled roof material including torch down and modified
`bitumen.
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`Flat Roof - Install Rolled Roofing
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`Installation of modified bitumenrolled roof system. Two ply system
`includes self adhered base sheet and cap sheet.
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`Flat Roof- Install Tapered System (Mechanically Fastened)
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`WOOD REPLACEMENT
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`Decking - Plywood 1/2" (4-ply)
`ADMIN & MISC
`Permit Fees - Residential
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`Residential - Includes NOC,Permit, and Inspection Fees
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`WARRANTY
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`Workmanship entails any leaksthat are tied to aninstallation issue.
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`CertainTeed Warranty - 30 Years for manufacturing defects.
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`Warranty - 5 year Workmanship Warranty
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`» Sub Total
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`|
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`Tax
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`TOTAL
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`BX
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`BX
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`sQ
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`0.5
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`EA
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`15.24
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`RL
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`RL
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`EA
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`EA
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`~~22-Ntt
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`EA
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`$15,086.81
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`$15,086.81
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`$257.64
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`$15,344.45
`
`https://my.acculynx.com/jobs/a35737b5-3b 2b-493c-aaSb-47af...dffe28/estimates/93bda380-969c-31e2-a33a-a7e27[5aalfb/new
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`8/29/23, 9:24 AM
`Page 2 of 5
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`Pricing: Estimatepricing is valid for 14 days,after this period pricing may increase due to the continuous supplier and manufacturerpricing
`increases.
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`Payment: Payment is due upon completion. Job completion shall be the date on which PFR's work Is substantially finished or the date of PFR’s
`last item of work at the property, whicheverIs earlier. In the event of a default, or when any portion remains unpaid,interest shall accrue from the
`date of the completion at the lesser of a rate of 1.5% per month (18% per year) or the maximum allowedby law with a minimum charge of ten
`dollars per month ($10.00). Should default be made in the paymentofthis contract, a lien will be placed on the property and chargeswill be
`added from the date of the substantial completion at the maximum allowed by law. The customer agrees to pay all necessary costs, court costs,
`expenses,legal fees and amounts dueif this accountis tenderedfor collection. If the Customer choosesnot to pay for a part of the scopeof the
`contract, an individualline Item, or a trade, the Customer releases the Companyofits’ obligations for the performance of that componentwith
`regard to theintegrity of the building system as a whole. Open balancespast 30 days will be charged an additional 1.5% per month, every
`month until the balance is paid. Additionally, collection,lien, and attorney fees will also be added,if the customer does not payfor all
`services in a timely manner.
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`DEPOSIT: 25%deposit is due at signing (No deposit requiredif financing). For Tile and Metal Roofing projects and ALL commercial projects,
`please refer to the scope summary for deposit information.
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`PAYMENT:Paymentis duein full upon completion of the project. All unpaid balances will incur a service charge of 1.5% APR per month
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`3-DAY RIGHT TO CANCEL:
`You havetheright ta rescind this contract and obtainafull refund of any deposit at any time prior to midnight of the third business dayafter the
`Contract is executed by notifying PFRin writing. The notice must be delivered, or postmarked before midnight of the third business day after the
`contract is executed, otherwise, a 25% cancellation fee shall be applied, not to exceed $2,500.
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`INSURANCE:ProFormance Roofing carries worker's compensation, commercial generalliability (bodily injury and property damage), and
`automobile insurance. ProFormance Roofing will furnish a Certificate of Insurance, evidencing types and amounts ofits coverages, upon request.
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`TERMS AND CONDITIONS: The terms and conditions setforth are a part of this proposal.
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`FLORIDA HOMEOWNER’S CONSTRUCTION RECOVERY FUND
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`PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF
`YOU LOSE MONEY ON APROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF
`FLORIDA LAW BY ALICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING ACLAIM, CONTACT THE
`FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: Construction
`Industry Licensing Board, 2601 Blairstone Road, Tallahassee, FL 32399-1039, (850)487-1395
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`STATUTORY WARNINGSLIEN LAW
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`ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001- 713.37, FLORIDA STATUTES), THOSE WHO WORK ON
`YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOTPAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM
`FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTIONLIEN. IF YOUR CONTRACTOR OR A
`SUBCONTRACTORFAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO
`ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVENIF YOU HAVE ALREADY PAID YOUR CONTRACTORIN
`FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE ALIEN ON YOUR PROPERTY. THIS MEANS IF
`ALIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES
`THAT YOUR CONTRACTOR OR SUBCONTRACTORMAYHAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATEIN
`THIS CONTRACT THAT BEFORE ANY PAYMENTIS MADE, YOUR CONTRACTORIS REQUIRED TO PROVIDE YOU WITH A WRITTEN
`RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA'S
`CONSTRUCTIONLIEN LAW IS COMPLEX, ANDIT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
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`General Terms and Conditions
`All sides of this document, including the terms and conditions below, and any agreement executed in writing, pursuant thereto, between
`ProFormance Roofing (PFR) and the property owner(s) or property owner's representative(s) hereby referred to as the "Customer," are subject to
`all appropriate ordinances, laws and regulationsin effect in the State in which it has been signed and executed.
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`Acceptance of Terms:|, Customer, hereby agree to retain PFR for proposed services on the Terms and Conditions stated herein. ProFormance
`Roofing will furnish the specified materials and pertorm the labor necessary for the completion of the removalof existing roofing materials and the
`installation of the new roofing system, Decking, Fascia, and other wood replacementwill be billed perrates listed on “Wood Replacement” sheet.
`This proposalconstitutes the entire contract between the parties and may be changed only by mutual, written agreementofthe parties.
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`Pre- Existing Conditions: | understand and acknowledge that PFR does not warrant or guarantee previous workmanship orpre-existing
`materials, nor any materials orlabor notoriginally provided by PFR. Pre-existing structural defects are not the responsibility of PFR, nor is PFR
`responsible for conducting an inspection for such defects ortheir repair. The Installation of the new roof system mayintensify the appearanceof
`any defect and PFRwill not take responsibility for solving pre-existing structural defects or the appearance ofthose defects. PFR is NOT
`responsible for defective siding or masonry above the roofline, unevennessof the roof deck due to structure of the dwelling, existing gutter
`
`hitps://my.acculynx.com/jobs/a35737b5-3b2b-493c-aa8b-47af...dffe28/estimates/93bda380-969c-31e2-a33a-a7e27f5aalfb/new
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`8/29/23, oi .
`Page
`30
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`protection system and an area that may become damaged dueto replacement of required roofing materials. PFR will not be held responsible for
`any damageto waterlines,air conditionerlines, gaslines, security lines, or electricallines that are attached to the underside of the roof decking,
`roof framing, and/orrooftrussing. In the event PFR removes non-roofing equipment from a roofIn order to complete the work, | understand | will
`be responsible for hiring qualified techniciansto reinstall and/or align such equipment. Any cost arising from such work shall be the sole
`responsibility of the Customer. PFR will not wire electrical accessories attachedto the roof system. PFR hastheright to cancelthis contract for
`full customer refund, dueto structural issues of the dwelling including butnotlimited to termite damageor woodrot, material manufacturer
`specification or cost changes, or any other unforeseeable circumstancesthat could affect PFR's ability to install or warranty the project.
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`Asbestos and Toxic Materials: This proposal is based on PFR's not coming Into contact with asbestos- containing or toxic materials (“ACM”).
`Customeragrees to indemnify PFR from and againstanyliability, damages,losses, claims, demandsorcitations arising out of the presence of
`ACM.Nothing containedin this Agreement shall be construed to require PFR to determine the presence or absence of any hazardous materials
`or asbestos containing materials affecting the services or to require PFR to removeorprotect such materials. In the event that PFR learns of the
`presence of such materials at the work site, PFR reservesthe right to immediately stop work and negotiate a change orderfor such additional
`work as may be required. PFR is not an authorized asbestos removal contractor. Please inform PFR of asbestos-containing roofing materials. All
`comments and concerns should be communicated to our main office at (407)702-0206.
`Property: PFRshall not be responsible for protection of my property, except to provide that protection which is specifically called for under the
`specifications provided by this Agreement. While PFR will makeall reasonable efforts to cover and protect the lawn and/or surrounding areas,it
`is the sole responsibility of the Customer to remove, store, and/or protect any and all items including but notlimited to: plants, shrubbery,
`furniture, valuables, vehicles and any other exposed property. The Customershall be responsible forreinstallation of satellite dishes, lightning
`rods, solar panels, gutters and/or any otheritems not part of the roofing system. The CustomerIs responsible for securingall children & pets
`during time of PFR services. PFR will not be responsibleforslight scratching and denting of gutters,oil droplets in driveways,hairline fractures in
`concrete, flowers, or minor broken brancheson plants and shrubbery. Upon completion of work, PFR will take appropriate steps to remove
`construction debris from the yard, including a magnetic sweep aroundthe project areas. PFR cannot guarantee the removal of ALL nails and/or
`debris and shall not be liable for resulting damages. A roof replacementis a major construction project and extensive vibration is a normalpart of
`the process.Items have been knowntofall during installation and PFRis not responsible for objects hung from the exterior and interior walls and
`from ceilings and soffits. Additionally, such vibration may causecracking, nall pops and other damage, and PFR assumesno responsibility for
`these items. Roof replacementcan cause dust, debris and small particles from the roofinstallation to enter the building andattic. | agree to use
`caution whenenteringtheattic. PFR cannot be held accountable to clean out these materials.
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`Commencement of Work: This proposalpertains to services provided by PFR andis valid for the term indicated onthe offer. After acceptance
`of this proposal by the Customer, PFR hasthe option to withdrawthis contract prior to commencementof work. Priorto commencement,
`Contractor, dumpster supplier, material distributor(s) and vendors shall require driveway access with heavy materials and equipment. PFRis not
`responsible for subsequent damage to homeowner's driveway or curbs due to pre-existing conditions, including, but notlimited to, pre-existing
`cracks or fractures. The Customeragrees thatelectricity and water will be made available to PFR's personnelduring the course of the services.If
`it is determined during the scope ofthe project that additional work is required, PFR will notify customerof the work needed to be performed
`before the work can be completed. PFR shall not be responsible for damagesarising from delay due to inclement weather, strikes,fires,
`accidents, delays in shipments ordelivery of materials, Acts of God, or any causes beyond its reasonable control.
`
`Force Majeure: Contractor shall not be liable for any damage, whetheractualor consequential, or claim arising out of or relating to Acts of God,
`accidents,civil disturbances,delays in obtaining materials, delays in transportation,fires, weather conditions,strikes, war, or other causes
`beyond Contractor’s reasonable control, including delays caused by any act or neglect of Customer, by any separate contractor employed by the
`Customer, or by changes ordered by the Customerin the work.
`Warranty: All work is to be completed in a workmanlike manner, according to standard industry practices and local codes. PFR warrants installed
`roofing systems to be free from leaksfor the duration specified. PFR assumesliability for repair of anyinstallation workmanship defects causing
`leakage.| agree to hold PFR harmlessfor anyinterior or exterior damage,to include environmental damageincluding "mold" resulting from water
`leakage. PFRshall have noliability beyond repair of said roof. All materials used are subject only to warranties provided by the manufacturers
`and/or suppliers,if any. If PFR is not paid in full in accordance with this agreement,all warranties are null and void.
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`Dispute Resolution: If a dispute shall arise between PFR and Customerwith respect to any matters or questionsarising out oforrelating to this
`Agreementor the breach thereof, PFR and Customerwill seek to mediate the dispute. If mediation is not successful, arbitration shall be
`administered by and conducted in accordancewith the Construction Industry Arbitration Rules of the American Arbitration Association unless the
`parties mutually agree otherwise. This Agreementto arbitrate shall be specifically enforceable underthe prevailing arbitration law. The award
`rendered bythe arbitrators shall be final, and judgment may be entered uponit in any Court having jurisdiction thereof. Collection matters may be
`processedthroughlitigation or arbitration at the discretion of PFR.
`
`Restrictions and Requirements.In the eventthat state, county, or municipal codes or regulations require work not expressly set forth in this
`Agreementordiffer materially from that generally recognized asInherent in work of the character provided for in this Agreement,all extra costs
`for Contractor's labor and materials shall be the sole obligation of the Customer.If the substrate roof condition results in ponding pursuant to the
`Florida Building Code and modifications are required to correct the roof so pondingwill not occur, Contractor will notify Customer immediately.It
`shall be the sole obligation of the Customerto determine the existence of restrictions contained in deeds,or subdivision or neighborhood
`regulations which mightrelate to orrestrict the improvements underthis Agreement. Contractor shall have noliability or responsibility for any
`such non-conformity with such restrictions/requirements. Contractor shall be entitled to paymentfrom Customer of all sums due hereundernot
`withstanding any injunction/prohibition against the work as a result of any violation of such restriction/requirement.
`
`Choice of Law, Venue, and Attorney's Fees. This Agreementshall be governed bythe lawsofthe State of Florida. Venue of any proceeding
`arising out of this Agreementshall be Orange County, Florida, unless the parties agree otherwise. Should Contractor employ an attorney to
`institutelitigation or arbitration to enforce anyof the provisions hereof, to protect its interest in any matterarising out of or related to this
`
`https://my.acculynx.com/jobs/a35737b5-3b2b-493c-aa8b-47al...dffe28/estimates/93bda380-969c -31a2-a33a a7e27f5aalib/new
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`Agreement, Contractor shall be entitled to recover from the Customerallofits attorney's fees and costs/expensesincurred therein, including
`attorney's fees and costs/expensesincurred at mediation and/or administrative, appellate, or bankruptcy proceedings.
`Waiverof Jury Trial. THE PARTIES KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY
`JURY IN RESPECTTO ANY LITIGATION ARISING OUT OF OR PERTAINING TO THE AGREEMENT, OR ANY COURSE OF CONDUCT,
`COURSE OF DEALINGS, STATEMENTS (WHETHER VERBALOR WRITTEN), OR ACTIONS OF ANY PERSON OR PARTY RELATED TO
`THIS AGREEMENT, THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL INDUCEMENT FOR THE
`PARTIES TO ENTER INTO THIS AGREEMENT.
`
`Materials - Proformance Roofingwill in most cases order more material than is needed to completethe project in order to prevent delays.All left
`over materials are the property of Proformance Roofing
`
`Occasionally, when working on your roofing project, we run into damaged orrotten wood that has to be replaced perlocal building
`code. Replacementof these items are additional to the contract amount andwill be billed as follows:
`Fascia (Pine) 1 x 2 - $4 Linear Foot
`Fascia (Pine) 1 x 4 - $6 Linear Foot
`Fascia (Pine) 1 x 6 - $10 Linear Foot
`Fascia (Pine) 1 x 8 - $12 Linear Foot
`Fascia (Hardie) 5in - $10 Linear Foot
`Fascia (Hardie) 6in - $12 Linear Foot
`Fascia (Hardie) 7in - $14 Linear Foot
`Fascia (Hardie) 8in - $16 Linear Foot
`Decking (Plywood/OSB)1/2" - $65/Sheet
`Decking (Plywood/OSB)3/4" - $85/Sheet
`Decking (Plank) 1 x 6 - $8 Linear Foot
`Decking (Plank) 1 x 8 - $8 Linear Foot
`Decking (Plank) 1 x 10 - $10 Linear Foot
`Decking (Plank) 1 x 12 - $10 Linear Foot
`Framing (Pine) 2 x 4 - $6 Linear Foot
`Framing (Pine) 2 x 6 - $12 Linear Foot
`Framing (Pine) 2 x 8 - $13 Linear Foot
`Cedar- Market Value
`Additional charges mayalso be incurred for the following:
`Extra Layer of Underlayment - $0.15 Per Square Foot/Layer
`Extra Layer Shingles - $0.35 Square Foot/Layer
`Flashing/Counter Flashing - $6/Linear Foot
`
`Payments - All payments made by credit or debit card will be assessed a 3.5% card transaction fee.
`
`¥-29- 93
`
`Sestomer Signature
`
`Date
`
`Date
`
`
`Customer Signature
`Date
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`https://my-acculynx.com/jobs/a35737b5-3b2b-493c-aa8b-47af...dffe28/estimates/9 3bda380-969c-31e2-a33a-a7e27fSaatfb/new
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`EXHIBIT B
`EXHIBIT B
`
`

`

`Doc # 2024029604, OR BK 20949 Page 2404, Number Pages: 1,
`Recorded 02/13/2024 09:04 AM,
`JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
`RECORDING $10.00
`
`WARNING!
`
`THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL
`PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN
`THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING,
`AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS
`HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGETHIS LIEN.
`
`STATE OF FLORIDA
`COUNTY OF «4, ORANGE
`
`CLAIM OF LIEN
`
`
`BEFORE ME,the undersigned notary public, personally appeared DUSTIN ESTEP
`whobeing duly
`sworn and says that she or he is the (9 CONTRACTOR / CO-OWNER
`
`of wo) PROFORMANCE ROOFING
`, Lienor, whose address
`
`is «) 270 WEST PLANT STREET SUITE 310 WINTER GARDEN, FL 34787
`
`and that in accordance with a contract with «¢ LASHONDRA THOMPSON
`Lienor furnished labor, services or materials consisting of ROOF REPLACEMENT
`©) on the following described real property inaxnDUVAL______s County, Florida:
`0
`12-35 02-28-26E CONROYS 2ND ADDN TO WEST SPRINGFIELD LOT 34
`673 WEST 16TH STREET JACKSONVILLE,FL, 32206
`
`owned by 4) LASHONDRA THOMPSON ET AL
`for a total value of $)__22,485.95
`
`of which there remains unpaid $¢)__9,485.95
`and furnished the first of the items on
`(M) JANUARY 2, _2024 andthelast ofthe items on «yy
`_JANUARY17
`, 20 24 | and that Lienor served her orhis
`
`, 2024 by US. Certified Mail, Return
`Notice to Owner on the Owner on (0)
`Receipt No. ”)
`and that the Lienor served a copyof the notice on the contractor on
`©)
`by U.S. Certified Mail, Return Receipt No.
`Q
`:
`
`,20_
`
`Signed, sealed and delivered in the presence of:
`
`Company Name ()): PROFORMA
`
`
`B 2
`
`
`
`(CORPORATE SEAL)
`
`SWORN TO AND SUBSCRIBED BEFORE ME, by means of Vi physical presence or [ ] online
`notarization, by @)__
`“TD USA ESlew
`, who is
`sonally known to me or
`
`produced
`as identification, and who did take an oath this __
`GB day of February , 202.
`
`
`CopyProvided to:
`LASHONDRA THOMPSON
`673 WEST 16TH STREET
`
`JACKSONVILLE,FL 32206
`
` Notary Public; State of Florida 1
`My Commission Expires:/7) - (Y- ZOZG@
`
`This document prepared by and
`should be returned to: (vy)
`o's,© Notary Public State of Florida
`ae
`Li
`
`Guadalupe Martinez
`
`My Commission HH 323561
`Expires 10/19/2026
`
`PROFORMANCEROOFING - MARISA MORRIS
`270 W PLANTST SUITE 310
`WINTER GARDEN,FL 34787
`
`

`

`EXHIBIT C
`EXHIBIT C
`
`

`

`CONTRACTOR’S FINAL PAYMENTAFFIDAVIT
`
`State of Florida
`County of Orange
`
`Before me, the undersigned authority, personally appeared Dustin Estep, who, after being
`first duly sworn, deposes and saysofhis or her personal knowledge the following:
`
`He is the Manager of Estep and Hessburg, LLC d/b/a Proformance Roofing, which
`1.
`does businessin the State of Florida, hereinafter referred to as the “Contractor.”
`
`Contractor, pursuant to a contract with Lashondra Thompson,hereinafter referred
`2.
`to as the “Owner,” has furnished or caused to be furnished labor, materials, and services for the
`construction of certain improvements to real property located at 673 West 16th Street,
`Jacksonville, FL 32206.
`
`This affidavit is executed by the Contractor in accordance with Section 713.06 of
`3.
`the Florida Statutes for the purposes of obtaining final payment from the Ownerin the principal
`amount of $9,485.95, plus attorneys’ fees, late charges and all other costs recoverable pursuant to
`Florida law.
`
`All work to be performed under the contract has been fully completed, and all
`4.
`lienors underthe direct contract have been paid in full, except the followinglisted lienors:
`
`NAMEOF LIENOR
`AMOUNT DUE
`poNAN/A
`N/A
`Signed, sealed, and delivered this 20Psay ofMay, 2024.
`
`ESTEP AND HESSBURG, LLC D/B/A
`
`PROFORMA
`
`
`
`:
`Asit