Filing # 209830313 E-Filed 10/30/2024 09:10:54 AM
`
`16-2024-CA-005955-AXXX-MA Div: CV-F
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/30/2024 09:35:34 AM
`
`

`

`MeadowsDrive, Jacksonville, Duval County, Florida (hereinafter “the Subject Property”).
`
`6.
`
`Venueis appropriate in Duval County because the cause of action accrued
`
`in Duval County, Florida as a result of the work being performed in Duval County,Florida,
`
`the Subject Property being situated in Duval County, Florida, and the Defendant having its
`
`principal place of business in Duval County, Florida.
`
`7.
`
`On or about May 20, 2024, the Plaintiff and the Defendant, entered into a
`
`written contract for the removal and replacement of a metal roof at the Subject Property
`
`(hereinafter “the Contract”). A true and correct copy of the Contract is attached hereto as
`
`“Exhibit 1” and incorporated by reference.
`
`8.
`
`9.
`
`The Contract wasa fixed priced contract in the amount of $265,986.15. Id.
`
`Under the Contract, the Defendant agreed that payment was due upon
`
`completion of the job and that any amounts unpaid are subject to a finance charge. Id.
`
`10.
`
`The Contract also contained a provision which stated that the Defendant
`
`would be liable to the Plaintiff for reasonable attorneys’ fees and costs in the event that
`
`legal action is brought to collect monies due underthe Contract. Jd.
`
`11.
`
`The Plaintiff's work under the Contract commenced on or about June 20,
`
`2024.
`
`12,
`
`13.
`
`The Plaintiff's work under the Contract ended on or about July 15, 2024.
`
`As of the date of the filing of this Complaint, the Defendant has failed to
`
`pay the Plaintiff the balance due for the work that it performed at the Subject Property.
`
`14.
`
`On or about July 17, 2024, the Plaintiff delivered Invoice #9687 to the
`
`Defendant in the amount of $65,986.15 for the balance due for the labor and materials
`
`related to the roof work at the Subject Property. A true and correct copy of Invoice #9687
`
`

`

`is attached hereto as “Exhibit 2” and incorporated by reference.
`
`15.
`
`16.
`
`The amount owed under Invoice #9687 was due uponreceipt. Jd.
`
`As of the date ofthe filing of this Complaint, the Defendant has failed to
`
`pay the Plaintiff the amounts owed pursuant to Invoice #9687 despite demands by the
`
`Plaintiff for payment of same.
`
`17.
`
`All conditions to this action have been satisfied, have occurred, or have
`
`otherwise been waived.
`
`COUNT I
`FORECLOSURE OF A CONSTRUCTION LIEN
`
`18.
`
`The Plaintiff realleges Paragraphs 1 through 17 above as though fully set
`
`forth herein.
`
`19.
`
`This is an action against the Defendant to foreclose a construction lien
`
`pursuant to Fla. Stat. Ch. 713.
`
`20.
`
`Forthe labor, services, and/or materials sold and delivered by the Plaintiff
`
`to the Subject Property there remains due and unpaid to the Plaintiff the total sum of
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`SIXTY-FIVE THOUSAND NINE HUNDRED EIGHTY-SIX AND 15/100 DOLLARS
`
`($65,986.15), and no part of that sum has been paid despite the Plaintiff's demand for
`
`payment to the Defendant, who haverefused and failed to pay same.
`
`21s
`
`Since the parties were in direct contractual privity, the Plaintiff was not
`
`required to serve a Notice to Ownerin accordance withFla. Stat. § 713.06.
`
`22.
`
`On or about October 3, 2024, the Plaintiff recorded a Claim of Lien in the
`
`office of the Clerk of Court for Duval County, Florida bearing Instrument #2024216359 in
`
`Official Book 21216, Pages 1183-1184. A true and correct copy of said Claim of Lien is
`
`attached hereto as “Exhibit 3.”
`
`

`

`aa,
`
`Onor about October 7, 2024, the Plaintiff recorded an Amended Claim of
`
`Lien in the office of the Clerk of Court for Duval County, Florida bearing Instrument
`
`#2024218504 in Official Book 21219, Pages 2321-2322. A true and correct copy ofsaid
`
`Claim of Lien is attached hereto as “Exhibit 4.”
`
`24.
`
`This Amended Claim of Lien was for monies due and owing for the work
`
`performedbythe Plaintiff at the Subject Property. Jd.
`
`25.
`
`26.
`
`The amount being sought in the Amended Claim of Lien is $65,986.15. Id.
`
`On October
`
`1, 2024,
`
`the Plaintiff's managing member executed a
`
`Contractor’s Final Payment Affidavit on behalf of the Plaintiff swearing to the amount
`
`owed. A true and correct copy of said Affidavit is attached hereto as “Exhibit 5.”
`
`Zi.
`
`The Plaintiff,
`
`in accordance with Fla. Stat.
`
`§§ 713.06(3)(d)
`
`and
`
`713.08(4)(c), served a copy of the Amended Claim of Lien and the Contractor’s Final
`
`Payment Affidavit under coverof letter on the Defendant on October 9, 2024 via United
`
`States Certified Mail with evidence of receipt. A true and correct copy ofsaid letter and
`
`evidence of service of sameis attached hereto as composite “Exhibit 6.”
`
`28.
`
`The Plaintiff has timely brought this action within one year of recordingits
`
`Amended Claim of Lien and has complied with all other conditions precedent as required
`
`by the statutory prerequisites underFlorida law.
`
`29.
`
`The Plaintiff has been required to employ an attorney for the purposes of
`
`enforcing its rights pursuant to the Construction Lien Law and hasincurred an obligation
`
`to pay its attorney a reasonable fee for which the Defendantis liable per Fla. Stat. § 713.29.
`
`See Exhibit 1.
`
`

`

`WHEREFORE,the Plaintiff respectfully demands judgmentagainst the Defendant
`
`for damages, costs, interest, and attorneys’ fees, and requests the Courtto:
`
`1.
`
`il.
`
`Adjudicate the amountdue the Plaintiff;
`
`Adjudicate that the Plaintiff has a valid and existing construction lien on the
`
`Subject Property for the amountofthe Plaintiffs claim with contractual interest;
`
`lll.
`
`Render a money judgment against the Defendant for damages, pre- and
`
`post-judgmentinterest, costs, and attorneys’ fees per Fla. Stat. § 713.29;
`
`Iv.
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`Decree that all persons claiming under the Defendant subsequent to the
`
`filing of the Notice of Lis Pendens associated with this action and every person whose
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`conveyance or encumbranceis subsequent to or subsequently recorded,filed, or docketed
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`be forever barred and foreclosedofall right, claim, and lien and equity of redemptionin
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`the real property or any part thereof;
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`V.
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`Decree that the interest of the Defendantin the realty be sold at public sale;
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`that the moneysarising from the sale be brought into the Court; and that the Plaintiff be
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`paid therefrom the amount adjudged to be dueit; and
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`Vi.
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`Suchotherrelief as this Court deemsjust and equitable.
`
`COUNTII
`BREACH OF CONTRACT
`
`30.
`
`The Plaintiff realleges Paragraphs 1 through 17 above as thoughfully set
`
`forth herein.
`
`31;
`
`32.
`
`This is an action for Breach of Contract against the Defendant.
`
`On or about May 20, 2024, the Plaintiff and the Defendant entered into a
`
`written contract for the removal and replacement of a metal roof at the Subject Property
`
`(hereinafter “the Contract”). See Exhibit 1.
`
`

`

`33.|The Contract betweenthe Plaintiff and the Defendant wasvalid andleft no
`
`essential terms in doubt.
`
`34.
`
`Under the Contract,
`
`the Defendant agreed that payment was due upon
`
`completion of the job and that any amount unpaid are subject to a finance charge. Jd.
`
`35.
`
`The Contract also contained a provision which stated that the Defendant
`
`would be liable to the Plaintiff for reasonable attorneys’ fees and costs in the event that
`
`legal action is brought to collect monies due underthe Contract. Jd.
`
`36.
`
`The Plaintiff has performed all its obligations under the Contract to the
`
`extent possible and has not been in breach of the Contract at any point in time.
`
`37.
`
` Asofthe date of the filing of this Complaint, the Defendanthas notpaid the
`
`Plaintiff the balance of the monies owed underthe Contract.
`
`38.
`
`Invoice # 9687 for $65,986.15 was due uponreceipt and was delivered to
`
`the Defendant on or about July 17, 2024. See Exhibit2.
`
`39.
`
`40.
`
`41.
`
`The Invoice stated that payment was duein full upon receipt. Jd.
`
`Accordingly, the Defendantis in material breach of the Contract.
`
`The Defendantis indebtedto the Plaintiff in the total sum of SIXTY-FIVE
`
`THOUSAND NINE HUNDRED EIGHTY-SIX AND 15/100 DOLLARS($65,986.15),
`
`plus attorneys’ fees, finance charges, costs, and interest.
`
`42.
`
`ThePlaintiff has been damaged by the above-referenced material breach of
`
`the Contract by the Defendant.
`
`43.
`
`The Plaintiff has been required to employ an attorney for the purposes of
`
`enforcing its rights under the Contract and has incurred an obligation to pay its attorney a
`
`reasonable fee for which the Defendantis liable perthe terms of said Contract. Id.
`
`

`

`WHEREFORE,
`
`the Plaintiff demands judgment against
`
`the Defendant
`
`for
`
`damages, attorney’ fees, financial charges, costs, pre- and post-judgmentinterest, and such
`
`other and further relief as the court deems just and proper.
`
`COUNTIII
`UNJUST ENRICHMENT
`
`44,
`
`The Plaintiff realleges Paragraphs 1 through 17 above as thoughfully set
`
`forth herein.
`
`45.
`
`This is an action for Unjust Enrichment against the Defendantpled in the
`
`alternative to CountII.
`
`46.
`
`47.
`
`The Plaintiffs roof work at the Subject Property is substantially completed.
`
`The Plaintiff conferred a benefit to the Defendant in the form of the roof
`
`work whichit performed at the Subject Property.
`
`48.
`
`The Defendant appreciated, accepted, and has retained the benefit of the
`
`Plaintiff's roof work at the Subject Property.
`
`49.
`
`Although the Plaintiff has demanded that the Defendant compensateit for
`
`the reasonable value of its labor and materials provided, the Defendant has refused to do
`
`sO.
`
`50.
`
`Accordingly, the Defendant has been unjustly and inequitably enriched by
`
`the Plaintiff's labor and materials provided at the Subject Property at the expense of the
`
`Plaintiff.
`
`51.
`
`52.
`
`The Plaintiff lacks an adequate remedyat law.
`
`Under the circumstances, it would be inequitable for the Defendantto retain
`
`the benefits conferred by the Plaintiff without paying the Plaintiff the reasonable value for
`
`the benefit conferred.
`
`

`

`WHEREFORE,the Plaintiff respectfully requests the Court to enter judgment
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`against the Defendant for damages in the amountof the benefit conferred by the Plaintiff
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`to the Defendantcosts, pre- and post-judgment interest, and for such otherand furtherrelief
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`as the court deemsjust and proper.
`
`tt
`DATEDthis AF “day of October 2024.
`
`TRITT & ASSOCIATES, P.A.
`
`
`
`ThomasJ. Tollefsen
`Florida Bar No.: 15790
`707 Peninsular Place
`Jacksonville, FL 32204
`Telephone: (904) 354-5200
`Facsimile: (904) 354-5256
`Email: tom.tollefsen@atritt.com
`Attorneys forthe Plaintiff
`
`

`

`Exhibit 1
`
`

`

`»* Neligan «©
`Construction
`& ROOFING
`904-247-3777
`www.neliganconstruction.net
`
`MAY 17,:2024
`
`PREPARED FOR
`
`Point Meadows Properites, LEP C/O Todd Gilbertson
`(904)610-6008 7p
`
`Job Address: 7740 Point MeadowsDrive Jzacksonville, FL
`32256
`
`PREPARED BY
`
`Brian Neligan
`President
`
`904-568-8700
`
`neliganconstruction@gmail.com
`
`CERT. ROOFER CCC-1325888 CERT. BUILDER CBC-059536
`
`
`
`
`
`PROJECT
`
`ROOF REPLACEMENT|
`
`

`

`
`
`
`POINT MEADOWSPROP
`
`Thank you for the opportunity to satisfy your construction and roofing needs. Please allow
`me to introduce myself and my company.
`
`| am Brian Neligan. | established Neligan Construction & Roofing in 1998. By putting my
`name on the company,| am saying that my work and myreputation are of great importance
`to me and | will make every effort to see thatit is not compromised. If you should chooseto
`hire us for your project, | will personally see to it that the work performedwill be held to the
`highest standard. Our customers vouch for our company’s professionalism, as well as the
`quality of our workmanship.
`
`It is important to research the contractor you chooseto do business with. There are several
`links below which will provide you with hundreds of actual FIVE STAR REVIEWSfrom our
`prior happy customers.
`
`Thank you for your time,
`
`Brian D. Neligan
`
`Click on anylink below to read actual reviews about us:
`
`BBB Rating (ere¢SUCES
`KKKIK
`
`| TRUSTED ROOFING SERVICES SINCE 1998
`
`

`

`Effective roof asset managementstarts with the
`correct information. This enables building
`owners to make informed decisions. So-rest
`assured you will-never get a recommendation to
`install anew roofif an inexpensive fixista viable
`option. Likewise, if your roof has reached the
`end of its useful life, we will adVise-against
`unnecessary and costly repairs:
`
`Commercial Buildouts
`
`The team at Neligan was responsible and kept
`good communication throughthe project. They
`diagnosed the problem, provideda fair price, and
`performed quality work.
`
`Lou DeVincentis
`
`
`
`Our realtor recommended Neligan six years ago
`to install a roof on our new home. They did a
`beautiful job, so we decided to call them again
`when we needed new gutters. Greg came out
`immediately to give us an estimate, suggesting
`great solutions for the problem areas. We gave
`them the go ahead, and within daystheir
`employees, Jason and Dayton were out to do the
`job, and whata fantastic job they did! They were
`accurate, efficient and very knowledgeable,
`knowing just where to put the downspouts to
`move the water away from our home.Wehighly
`recommend Neligan and Jason and Dayton!
`Other companiesin Florida could take a lesson
`from this professional organization!
`
`Jacqueline Gray
`
`
`
`Very, very pleased with this company. Fast,
`friendly, communicative & knowledgeable to the
`services | neededfixed. | had the pleasure to
`have Jimmy & Mitch & they were wonderful. | will
`definitely use this companyfor future repairs.
`
`Kim W.
`
` READ MORE REVIEWS
`
`ABOUT US
`
`WE PROVIDE ROOFING SERVICES
`
`WITH YOUR BEST INTERESTS IN MIND
`
`Those who contact Neligan Construction want
`the job done rightthe first time. Our clients
`Want a clear understanding of their actual
`roofing requirements.
`
`SPECIALIZING IN
`
`* Roof Replacement
`
`* Leak Diagnosis and Repair
`
`* Chimney Repair
`
`* Skylights
`
`* Siding
`
`Gutters
`
`Soffits
`
`Additions
`
`Renovations
`
`Remodeling
`
`Painting
`
`Decks
`
`Home Repair
`
`

`

`SCOPE OF WORK
`
`DESCRIPTION OF PROPOSED WO
`
`Remove and replace existing metal roof as per scope of work outlined by insurance companyon claim
`#01007288837 with new Armour Loc 26 Gauge Standing Seam style panels with hidden fasteners and hemmed
`edges. Panels will be installed over new Wind and Water Seal SA Metal roof underlayment.
`
`Please choose metal panel color from brochure attached below after the agreementpage.
`
`ROOF SLOPE:
`
`6:12
`
`APPROX # OF SQUARES:
`
`220.75
`
`oo PF
`
`(CHOOSE ONE):
`
`Squares including waste, hip and ridge and starter shingles.
`
`ROOF SsCEME“ SCOPE OF WORK WILL BE AS PER SCOPE OF WORKOUTLINED ON
`
`| TRUSTED ROOFING SERVICESSINCE 1998
`
`

`

`PRICING
`
`
`Replacement Cost Value for Labor and Material as per Roofing Scope of work on
`insurance claim # 01007288837
`
`$265,986.15
`
`Permits, inspections, debris removal and dumpfees(included)
`
`WARRANTY
`
`Includes 10 Year Transferrable Workmanship Warranty From Neligan Construction & Roofing and Standard
`Product Warranty.
`
`TOTAL
`
`EXTRA WORK
`
`$265,986.15
`
`Any unforeseen work not outlined in the insurance scope of work including building code upgrades (ordinance
`and law) and/or rotten wood will be documented and submitted to the insurance companyfor supplemental
`charges payable by the insurance company under the policy terms. Anything not covered by insurance may be
`the responsibilty of the owner.
`
`| TRUSTED ROOFING SERVICESSINCE 1998
`
`a:
`
`

`

`
`
`OXG1330i3\aee
`
`
`be AE 8 TANCITANCE OF THIS IPOSAL:
`
`
`
`
`The prices and specifications of this proposal are hereby accepted. Neligan Construction & Roofing LLCis
`authorized to do the workas specified.
`
`It may be necessary for heavy vehicles to come onto the property in order to do the job. The undersigned
`owner of the property agrees to waive any claim against Neligan Construction & Roofing LLC for damages
`that may occur to the drivewayor sidewalks.
`
`Neligan Construction & Roofing LLC is not responsible for delays beyond our control.
`
`Paymentin full is due upon completion. A finance charge of 2% per month will be assessed and payable by
`the property owner on late payments.In addition anylegal fees incurred by Neligan Construction & Roofing
`LLC pertaining to the collection of paymentwill be payed by the owner of the property whosesignature
`follows.
`
`Financingis available. A 3% Service Charge will be automatically applied to all financed amounts and credit
`card transactions.
`
`
`2024-05-20 09:25:43 (ADT)
`May20, 2024
`
`PROPERTY OWNER: Point MeadowsProperites, LLP C/O Todd Gilbertson
`
` TED ROOFING SERVICES SINCE1998.
`
`

`

`construction & ROOFING
`A TRUSTED NAME Since 1998
`
`WE LOOK FORWARD TO
`
`WORKING WITH YOU.
`
`Peetyod
`neligan
`
`NELIGANCONSTRUCTION.NET
`
`Brian Neligan
`President
`
`904-568-8700
`
`neliganconstruction@gmail.com
`
`450 State Road 16
`
`St. Augustine, Florida
`32084
`
`

`

`Exhibit 2
`
`

`

`Neligan Construction & Roofing, LLC.
`450 State Rd 16
`St.Augustine, FL 32084 US
`+1 9045688722
`neliganconstruction@gmail.com
`
`BILL TO
`Todd Gilbertson
`Point MeadowsProperites, LLP
`7740 Point MeadowsDrive
`
`Jacksonville, FL 32256
`
`TRUST
`
`Neligan
`
`
`DUE DATE 07/18/2024
`
`INVOICE 9687
`
`DATE 07/1 7/2024 TERMS Due on receipt
`
`DATE
`
`AGTIMITY.
`
`DESCRIPTION
`
`(OHAé
`
`:
`
`RATE
`
`AMOUNT
`
`Roof Replacement
`
`Remove andreplace existing metal
`roof as per scopeof work outlined
`by insurance companyon claim
`#01007288837 with new Armour
`Loc 26 Gauge Standing Seamstyle
`panels with hidden fasteners and
`hemmededges. Panels will be
`installed over new Wind and Water
`Seal SA Metal roof underlayment.
`
`265,986.15
`
`PAYMENT
`
`200,000.00
`
`yaisylethal)
`sOH\L OEE
`
`

`

`Exhibit 3
`
`

`

`Doc # 2024216359, OR BK 21216 Page 1183, Number Pages: 2,
`Recorded 10/03/2024 02:23 PM,
`JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
`RECORDING $18.50
`
`This instrument wasprepared by:
`Tritt & Associates, P.A.
`707 Peninsular Place
`Jacksonville, Florida 32204
`
`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.
`
`CLAIM OF LIEN
`
`STATE OF FLORIDA
`COUNTY OF ST. JOHNS
`
`BEFORE ME,the undersigned notary public, personally appeared Brian D Neligan, who
`was duly sworn and says that he is the Managing Memberof Neligan Construction &
`Roofing, LLC, the lienor herein, whose address is: 450 State Road 16, Saint Augustine,
`Florida 32084; and that in accordance with a contract with Point MeadowsProperties,
`LLC,
`lienor furnished labor, services, or materials consisting of roof removal and
`replacement on the following described real property in Duval County,Florida:
`
`Legal Description:
`
`Parcel 1, POINT MEADOWSDRIVE,in Plat Book 53, page 59, 59A
`through 59J, of the current public records of Duval County, Florida
`
`Parcel ID # 167745-1700
`
`a/k/a 7740 Point MeadowsDrive, Jacksonville, Florida 32256
`
`owned by Point MeadowsProperties, LLC for a total value of $265,986.15 of which
`there remains unpaid $65,986.15, plus contractual
`interest and attorneys’
`fees, and
`furnished the first of the items on June 20, 2024, and the last of the items on July 15,
`2024. Since lienor was in contractual privity with the property owner, it was not required
`to serve a Notice to Owner.
`
`

`

`OR BK
`
`21216
`
`PAGE
`
`1184
`
`HK
`
`(signature)
`Brian D. Neligan, as Managing Member of
`Neligan Construction & Roofing, LLC
`
`STATE OF FLORIDA
`COUNTYOF ST. JOHNS
`
`The foregoing instrument was acknowledged before me by meansof If{ physical presence
`or O online notarization, this St
`day of October 2024, by
`an
`Ne
`
`Managing Memberof Neligan Construction & Roofing, LLC who
`me or whohas produced
`as identification.
` [SEAL]
`
`
`Notary Public State of Florida
`of = MyCommission HH 061575
`> Arden Trusty
`Expires 11/08/2024
`
`Typed/Printed Name:
`i 1 »a Le. 2 As
`Address:
`i.
`ny
`7
`Notary Public, State ofFibrics
`My Commission Expires:
`O%
`My Commission No:
`Personally Known x OR Produced Identification
`Typeof Identification Produced
`
`‘
`
`[ fo
`
`20H
`[26 24
`iSAS
`
`

`

`Exhibit 4
`
`

`

`Doc # 2024218504, OR BK 21219 Page 2321, Number Pages: 2,
`Recorded 10/07/2024 01:29 PM,
`JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
`RECORDING $18.50
`
`Prepared by:
`ThomasJ. Tollefsen, Esq.
`Tritt & Associates, P.A.
`707 Peninsular PL
`Jacksonville, Fl. 32204
`
`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.
`
`AMENDED CLAIM OF LIEN
`
`STATE OF FLORIDA
`COUNTYOF ST. JOHNS
`
`BEFORE ME,the undersignednotary public, personally appeared Brian D Neligan, who
`was duly sworn and says that he is the Managing Member of Neligan Construction &
`Roofing, LLC, the lienor herein, whose address is: 450 State Road 16, Saint Augustine,
`Florida 32084; and that in accordance with a contract with Point Meadows Properties,
`LLP,
`lienor furnished labor, services, or materials consisting of roof removal and
`replacementon the following described real property in Duval County, Florida:
`
`Legal Description:
`
`Parcel 1, POINT MEADOWSDRIVE, in Plat Book 53, page 59, 59A
`through 59J, of the current public records of Duval County, Florida
`
`Parcel ID # 167745-1700
`
`a/k/a 7740 Point MeadowsDrive, Jacksonville, Florida 32256
`
`owned by Point MeadowsProperties, LLP for a total value of $265,986.15 of which
`there remains unpaid $65,986.15, plus contractual
`interest and attorneys’
`fees, and
`furnished the first of the items on June 20, 2024, and thelast of the items on July 15,
`
`

`

`OR BK
`
`21219
`
`PAGE
`
`2322
`
`2024. Since lienor was in contractual privity with the property owner, it was not required
`to serve a Notice to Owner.
`
`That this amendment is recorded in accordance with Section 713.08(4) of the Florida
`Statutes, amending and superseding the previous Claim of Lien recordedby thelienorin
`Duval County’s public records on October 3, 2024 as Instrument # 2024216359 on the
`above-described real property.
`
`(signature)
`Brian D. Neligan, as Managing Member of
`Neligan Construction & Roofing, LLC
`
`STATE OF FLORIDA
`COUNTY OF ST. JOHNS
`
`or O online notarization, this
`
`day of October 2024,
`
`velig
`
`The foregoing instrument was ees before me by meansofJ! physicalpegetice
`Managing Memberof Neligan Construction & Roofing, LLC w
`
`me or who has produced
`
`as identification.
`
`[SEAL]
`
`
`
`Notary Public State of Florida
`. Arden Trusty
`My Commission HH 061575
`Expires 11/08/2024
`
`
`
`TypelPeintaxe oeiN _SF sos
`
`Address:
`;
`Notary Public, State ofF eae
`My Commission Expires:
`il 02/20 24
`My Commission No:
`S9S
`
`Personally Known x OR Produced Identification
`
`Type of Identification Produced
`
`

`

`Exhibit 5
`
`

`

`CONTRACTOR'S FINAL PAYMENT AFFIDAVIT
`
`STATE OF FLORIDA
`COUNTY OFST. JOHNS
`
`Before me, the undersigned authority, personally appeared Brian D. Neligan, who,
`
`after being first duly sworn, deposesandsaysof his personal knowledgethefollowing:
`
`1.
`
`He is the Managing Memberof Neligan Construction & Roofing, LLC, which
`
`does business in the State of Florida, hereinafter referred to as the
`
`“Contractor.”
`
`2.
`
`Contractor, pursuant to a contract with Point Meadows Properties, LLC,
`
`hereinafter referred to as the “Property Owner,” has furnished or caused to
`
`be furnished labor, materials, and services for the construction of certain
`
`improvementsto real property as moreparticularly set forth in said contract
`
`and located at 7740 Point MeadowsDrive, Jacksonville, Florida 32256.
`
`3
`
`This affidavit is executed by the Contractor in accordance with section
`
`713.06 of the Florida Statutes for the purposes of obtaining final payment
`
`from the Property Ownersin the amountof $65,986.15.
`
`4.
`
`All work to be performed underthe contract has been fully completed, and
`
`all lienors underthe direct contract have beenpaidinfull.
`
`FURTHER AFFIANT SAYETH NAUGHT
`
`fn
`
`BRIAN D. NELIGAN
`
`AMOUNTDUE: $65,986.15.
`Signed, sealed, and delivered this L day of October 2024.
`By Brian D. Neligan
`Managing Member
`Neligan Construction & Roofing, LLC
`
`

`

`STATE OF FLORIDA
`COUNTYOF ST. JOHNS
`
`physical presence or 0
`The foregoing instrument was acknowledged before me by means of
`online notarization,this
`day of October 2024, by Brian D. Neligan as Managing Member
`ofNeligan Construction & Roofing, LLC whois petSonallyknowitt0 me or whohas produced
`
`as identification.
`
`[SEAL]
`Typed/Printed Name: Arlen
`,ry
`
`%, NotaryPublicStateofFlorida
`ACKINSS: 450 10s
`=m
`tL
`32@8¢
`, MyGomesly HH061575
`ot
`4 au =
`<
`Expires 11/08/2004
`Notary Public, State of Florida
`
`My Commission Expires:_|| [0 g 260 -
`My Commission No: H [ 06187
`Personally Known x OR Produced Identification
`Type of Identification Produced
`
`

`

`Exhibit 6
`
`

`

`aaq lritt & Associates, PA.
`
`Attorneys at Law Construction Lawand Business Litigation
`
`October 7, 2024
`
`Via Certified Mail-Return Receipt
`Requested and Regular Mail
`
`Point MeadowsProperties, LLP
`320 Steamboat Blvd.
`Steamboat Springs, CO 80487
`
`Re: MyClient:|Neligan Construction & Roofing, Inc.
`
`Project:
`7740 Point Meadows Drive
`Jacksonville, FL 32256
`
`To whomit concerns:
`
`This law firm has the pleasure and privilege of representing Neligan Construction
`& Roofing, Inc. (hereinafter “Neligan Construction”) regarding the above-referenced
`matter. Neligan Construction informs me that
`it
`is owed an outstanding balance of
`$65,986.15 plus contractual attorneys’ fees and interest, for labor, services, or materials
`consisting of a roof removal and replacement furnished by my client on your property
`located at 7740 Point MeadowsDrive, Jacksonville. FL 32256.
`
`the current amount owed to my
`Per your contract with Neligan Construction,
`client is $70,236.98 which consists of the $65,986.15 principal balance, $2,635.83 in
`interest, and $1,615.00 in attorneys’ fees.
`If you do not dispute the validity ofthis debt or
`any portion thereof, please remit payment in the amount of $70,236.98 to myclient and
`mail same to the address listed on the above letterhead at your earliest convenience or
`call me directly to make arrangements for payment.
`
`Further, please find enclosed a copy of the Amended Claim of Lien recorded by
`Neligan Construction against
`the property located at 7740 Point Meadows Drive,
`Jacksonville, FL 32256.
`Please be advised that
`this Amended Claim of Lien was
`recorded on October 7, 2024 in Duval County’s public records in Official Records Book
`21219 at Pages 2321-2322. This Claim ofLien is being served in compliance with Fla.
`Stat. § 713.08(4)(c).
`
`In addition, pursuant to Fla. Stat. § 713.06(3)(d), please find enclosed with this
`letter a copy of my client’s Contractor’s Final Payment Affidavit.
`
`Sincerely,
`
`Je“a t2—
`
`Thomas J. Tollefsen
`
`
`707 PeninsularPlace + Jacksonville, Florida 32204 + Telephone (904) 354-5200 « Facsimile (904) 354-5256 ° www.atritt.com
`
`

`

`Enclosures (Claim of Lien and Contractor’s Final Payment Affidavit)
`
`cc:
`
`Brian Neligan (via email)
`
`Point MeadowsProperties, LLP
`Attn. Todd Gilbertson
`7740 Point Meadows Dr.
`Jacksonville, FL 32256
`
`Point MeadowsProperties, LLP
`Attn. Todd Gilbertson
`2380 S. 3St., Ste. 2
`Jacksonville Beach, FL 32250
`
`

`

`Doc # 2024218504, OR BK 21219 Page 2321, Number Pages: 2,
`Recorded 10/07/2024 01:29 PM,
`JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
`RECORDING $18.50
`
`
`
`Prepared by:
`ThomasJ. Tollefsen, Esq.
`Tritt & Associates, P.A.
`707 Peninsular PL
`Jacksonville, Fl. 32204
`
`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.
`
`AMENDED CLAIM OF LIEN
`
`STATE OF FLORIDA
`COUNTYOFST. JOHNS
`
`BEFOREME,the undersigned notary public, personally appeared Brian D Neligan, who
`was duly sworn and says that he is the Managing Member of Neligan Construction &
`Roofing, LLC, the lienor herein, whose address is: 450 State Road 16, Saint Augustine,
`Florida 32084: and that in accordance with a contract with Point Meadows Properties,
`LLP,
`lienor furnished labor, services, or materials consisting of roof removal and
`replacementon the following described real property in Duval County, Florida:
`
`Legal Description:
`
`Parcel 1, POINT MEADOWS DRIVE, in Plat Book 53, page 59, 59A
`through 59J, of the current public records of Duval County, Florida
`
`Parcel ID # 167745-1700
`
`a/k/a 7740 Point Meadows Drive, Jacksonville, Florida 32256
`
`owned by Point Meadows Properties, LLP for a total value of $265,986.15 of which
`there remains unpaid $65,986.15, plus contractual
`interest and attorneys’
`fees, and
`furnished the first of the items on June 20, 2024, and the last of the items on July 15,
`
`

`

`OR BK
`
`21219
`
`PAGE
`
`2322
`
`2024. Since lienor was in contractual privity with the property owner, it was not required
`to serve a Notice to Owner.
`
`That this amendment is recorded in accordance with Section 713.08(4) ofthe Florida
`Statutes, amending and superseding the previous Claim of Lien recorded bythe lienor in
`Duval County’s public records on October 3, 2024 as Instrument # 2024216359 onthe
`above-described real property.
`
`(signature)
`Brian D. Neligan, as Managing Memberof
`Neligan Construction & Roofing, LLC
`
`STATE OF FLORIDA
`COUNTY OFST. JOHNS
`
`
`
`by
`
`The foregoing instrument was seyteee before me by means ofX physical presence
`or © online notarization, this
`day of October 2024,
`Bnan DNetigay-as
`Managing MemberofNeligan Construction & Roofing, LLC wl
`nispersonally RoSWh
`
`me or who has produced
`
`as identification.
`
`Sal
`
`[SEAL]
`
`
`
`Notary Public State of Florida
`:
`% Arden Trusty
`
`
`My Commission HH 091575
`ra
`Expires 11/08/2024
`
`
`
` Wr
`Typed:oopSigeOkeAyiM Trusty
`Address:scene BagSeaEeions
`Notary Public, State
`rida
`of FY
`My Commission Expires:
`|| /O0#/ 20 2h
`My Commission No:
`S AS
`Xx OR ProducedIdentification
`.
`Personally Known
`Type ofIdentification Produced
`
`

`

`CONTRACTOR'S FINAL PAYMENTAFFIDAVIT
`
`STATE OF FLORIDA
`COUNTY OF ST. JOHNS
`
`Before me, the undersigned authority, personally appeared Brian D. Neligan, who,
`
`after beingfirst duly sworn, deposesand saysof his personal knowledgethe following:
`
`1.
`
`He is the Managing Member of Neligan Construction & Roofing, LLC, which
`
`does business in the State of Florida, hereinafter referred to as the
`
`“Contractor.”
`
`Contractor, pursuant to a contract with Point Meadows Properties, LLC,
`
`hereinafter referred to as the “Property Owner,” has furnished or caused to
`
`be furnished labor, materials, and services for the construction of certain
`
`improvementsto real property as more particularly set forth in said contract
`
`and located at 7740 Point MeadowsDrive,Jacksonville, Florida 32256.
`
`This affidavit is executed by the Contractor in accordance with section
`
`713.06 of the Florida Statutes for the purposes of obtaining final payment
`
`from the Property Ownersin the amount of $65,986.15.
`
`All work to be performed underthe contract has been fully completed, and
`
`all lienors under the direct contract have been paid in full.
`
`FURTHER AFFIANT SAYETH NAUGHT
`
`fin
`
`BRIAN D. NELIGAN
`
`AMOUNTDUE: $65,986.15.
`Signed, sealed, and deliveredthis LL day of October 2024.
`By Brian D. Neligan
`Managing Member
`Neligan Construction & Roofing, LLC
`
`

`

`STATE OF FLORIDA
`COUNTY OFST. JOHNS
`
`The foregoing instrument was acknowledged before me by means of iy physical presence or 5
`online notarization, this
`day of October 2024, by Brian D. Neligan as Managing Member
`~
`.
`. ee
`.
`an
`of Neligan Construction & Roofing, LLC whois pefSonally knowi%0 me or who has produced
`as identification.
`~
`
`‘
`
`as
`
`.
`
`[SEAL]
`: j We~
`
`Typed/Printed Name: pwanaUshy_
`
`
`Address: 45O Site, Ch IG.
`
`F AualShnePL22084
`Notary Public State of Florida
`St Aug
`toya
`"No
`> Arden Trusty
`
`asa
`My Commission HH 061575
`Notary Public, State of Florida
`‘OF nO
`Expires 11/08/2024
`
`
`
`My Commission Expires: W/oA [260 F
`
`My Commission No:f H661695
`Personally Known x OR ProducedIdentification
`
`4
`
`fp
`
`Type of Identification Produced
`
`

`

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