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Filing # 175686777 E-Filed 06/20/2023 10:57:37 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
ABSOLUTE RESTORATION INC,
CASE NO: 23001232CA
Plaintiff, DIVISION: CIRCUIT CIVIL
v
ROBERT SWANSON AND ROSALIND SWANSON,
Individually and as Co-Trustees under that certain
Declaration of Trust dated December 5, 1996,
Defendants.
/
PLAINTIFF’S OMNIBUS MOTION TO COMPEL DEFENDANTS TO PROVIDE
BETTER RESPONSES TO REQUESTS FOR ADMISSION
Plaintiff, ABSOLUTE RESTORATION INC (hereinafter “Plaintiff’) moves to compel
Defendants’, ROBERT SWANSON AND ROSALIND SWANSON Individually and as Co-
Trustees under that certain Declaration of Trust dated December 5, 1996 (hereinafter collectively
“Defendants”, to provide better responses to requests for admission as follows:
1 The subject lawsuit arises out of unpaid labor, services and/or materials provided
by Plaintiffto the Defendants as well as bad checks written by Defendants. See Exhibit “A” hereto,
Plaintiff's complaint.
2. Defendants executed an assignment of insurance benefits in favor of Plaintiff for
the work performed by Plaintiff.
3 Notwithstanding both Defendants signing a certification of completion for the
subject work, Defendants have failed to pay, in full, for the work. See certification of competition
attached to Plaintiff's complaint.
4. In addition to having signed a certificate of completion, Defendants have filed an
answer and affirmative defenses to Plaintiff's complaint raising numerous affirmative defenses
without pleading sufficient ultimate facts to support same. See Exhibit “B” hereto, Defendants’
Answer and Affirmative Defenses.
5 In order to narrow issues, Plaintiff served Defendants with requests for admission.
See Exhibits “C” and “D” hereto, Plaintiff's requests for admission to Defendants.
6 Defendants were also served with interrogatories and a request to produce wherein
they were to provide the factual basis for any denials to requests for admission. See Exhibits “E”. >
“F” and “G” hereto, Plaintiff's interrogatories and request to produce to Defendants.
7 Defendants responded to the requests for admission but provided denials in
contradiction to their certification of completion as well as failed to provide responses to
interrogatories and request to produce for a factual basis for the denials. See Exhibit “H”,
8 Florida Rule of Civil Procedure 1.370 allows a party to admit, deny, object or after
making reasonably inquiry state the information known or readily obtainable is insufficient to
admit or deny.
9. The rule also requires “A denial shall fairly meet the substance of the requested
admission, and when good faith requires that a party qualify an answer or deny only a part ofthe
matter of which an admission is requested, the party shall specify so much of it as is true and
qualify or deny the remainder.”
10. Florida jurisprudence has held that, “The purpose of requests for admissions is to
define and limit the issues in controversy between the parties, thus reducing the expense and delay
that might otherwise be unnecessarily involved in the trial, and thereby facilitating proof at trial.
This is accomplished by compelling admissions to those matters over which there is no good faith
controversy.” Winn Dixie Stores, Inc. v. Gerringer, 563 So.2d 814 (Fla. 3d DCA 1990).
TL. In request for admission #2, Plaintiff asked Defendants to admit that, “SWANSON
has not paid ABSOLUTE, in full, for the labor, services and/or materials that ABSOLUTE
provided to SWANSON and the subject property.”
12. Defendants responded, “Denied.”
13. Contrary to Defendants’ denial, Defendants are aware that they have not paid
Plaintiff the sums due as well as provide bad checks despite the aforementioned certification of
completion.
14. As such, Defendants should admit request for admission #2.
15. In request for admission #3, Plaintiff asked Defendants to admit that,
“SWANSON’s insurer has not paid ABSOLUTE, in full, for the labor, services and/or materials
that ABSOLUTE provided to SWANSON and the subject property.”
16. Again, contrary to Defendants’ denial, Defendants are aware that their insurer has
not paid Plaintiff
the sums due.
TZ As such, Defendants should admit request for admission #3.
18. In request for admission #4, Plaintiff asked Defendants to admit that, “SWANSON
owes ABSOLUTE $57,041.26 for the labor, services and/or materials that ABSOLUTE provided
to SWANSON and the subject property.”
19. Defendants again responded, “Denied.”
20. Defendants’ denial contradicts their prior certification of completion and
Defendants are also aware that they provided bad checks to Plaintiff.
21 In request for admission #5, Plaintiff asked Defendants to admit that, “SWANSON
accepted and approved ABSOLUTE’s work on the project and the subject property.”
22. Defendants, again, responded, “Denied.”
23. Defendants, again, contradict their prior executed certification of competition
stating that the work was completed and to their satisfaction.
24. Finally, in request for admission #6, Plaintiff asked Defendants to admit that,
“SWANSON signed a certificate of completion for ABSOLUTE’s work on the subject project and
property.”
25. Defendants responded, “Admit only that the Plaintiff's obtained a signature from
the Defendants for the completion of work; however, Defendants deny this request for admission
as the Defendants capacity to sign the same is raised as an affirmative defense in this action.”
26. Defendants improperly attempt to rewrite the request for admission as the response
should simply be “Admitted”.
Zhe Moreover, even though the request for admission did not ask about Defendants’
capacity, Defendants are presumed competent to contract and have not produced evidence to the
contrary. See, e.g. Holmes v. Burchette, 766 So.2d 387 (Fla. 2d DCA 2000).
28. In closing, the Florida Supreme Court has made clear that, “A primary purpose in
the adoption of the Florida Rules of Civil Procedure is to prevent the use of surprise, trickery, bluff
and legal gymnastics. Revelation through discovery procedures of the strength and weaknesses of
each side before trial encourages settlement of cases and avoids costly litigation. Each side can
make an intelligent evaluation of the entire case and may better anticipate the ultimate results.”
Surfv. Vermette, 236 So.2d 108 (Fla. 1970).
WHEREFORE, Plaintiff moves to compel Defendants to provide better responses to requests
for admission as well as any other relief this Honorable Court deems just and equitable.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
Florida Court’s E-filing Portal to Bradley A. Spivey, Esq. (Attorneys for Defendants) Berlin Patten
Ebling, P.A., 324 Hyde Park Ave., Suite 325, Tampa , Florida 33606 (bspivey@berlinpatten.com)
te
(servicebpetpa@berlinpatten.com), on this?? day of June, 2023.
SLUSHER & ROSENBLUM, P.A.
Attorneys for Plaintiff
444 W. Railroad Avenue, Suite 470
each, Florida 33401
Telephone: 561-814-2020
a,
ty
By i
ae
emy E. Slusher ee
~ Florida Bar No. 145769
jes@slusherandrosenblum.com
Jason P. Blevins, Esq.
Florida Bar No. 467383
jpb@slusherandrosenblum.com
Filing # 169616640 E-Filed 03/24/2023 04:55:56 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
ABSOLUTE RESTORATION INC,
CASE NO:
Plaintiff, DIVISION:
V.
ROBERT SWANSON AND ROSALIND SWANSON,
Individually and as Co-Trustees under that certain
Declaration of Trust dated December 5, 1996,
Defendants.
/
COMPLAINT
Plaintiff, ABSOLUTE RESTORATION INC (hereinafter “ABSOLUTE”) sues
Defendants ROBERT SWANSON AND ROSALIND SWANSON Individually and as Co-
Trustees under that certain Declaration of Trust dated December 5, 1996 (hereinaf
ter collectively
“SWANSON”) as follows:
GENERAL ALLEGATIONS
1 This is an action for damages which exceed $50,000.00, exclusive of attorney
s”
fees, costs and interest and is within the jurisdiction of this Court.
2 At all times material hereto, ABSOLUTE was and is a Florida Profit Corporation
conducting business in Charlotte County, Florida.
3 At all times material hereto, SWANSON were and are an individuals residing in
and/or owning real property in Charlotte County, Florida.
4. At all times material hereto, SWANSON owned the real property located 6512
Hidden Lake Ct Englewood, Florida 34224 with a legal description of:
SS eS
EXHIBIT
_
= cc
Lot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16,
Pages 56A through 56H, of Public Records of Charlotte County, Florida (hereinafter “Property”).
5 Charlotte County, Florida has venue over the subject lawsuit as the Property owned
by SWANSON is located there, ABSOLUTE and SWANSON entered into a contract to improve
the Property and SWANSON failed to pay ABSOLUTE, in full, for its labor, services and/or
materials provided in Charlotte County, Florida.
6. All conditions precedent have been satisfied by ABSOLUTE or waived by
SWANSON.
hs ABSOLUTE has retained the law firm of Slusher & Rosenblum, P.A. and has
agreed to pay a reasonable attorney’s fee.
8 ABSOLUTE provided labor, services and/or materials, to wit, dry out, mold
remediation and build back pursuant to its contract with SWANSON.
9 A copy of the subject contract is attached hereto as Exhibit A.
10. The labor, services and/or materials provided by ABSOLUTE permanently
improved the Property.
11. Notwithstanding ABSOLUTE’s compliance with the contract, neither SWANSON
nor anyone else has paid ABSOLUTE, in full, for ABSOLUTE’s work and owes ABSOLUTE
approximately $57,041.26
12. SWANSON acknowledged ABSOLUTE'’s work was satisfactorily completed. See
Exhibit B hereto.
COUNT I-BREACH OF CONTRACT AGAINST SWANSON
13. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through
twelve (12) as if stated full herein.
14. ABSOLUTE and SWANSON entered into a valid contract attached hereto as
Exhibit A.
15: Pursuant to the contract, SWANSON was to pay ABSOLUTE for the labor,
services and/or materials that it provided to the Property.
16. SWANSON materially breached the contract by failing to pay ABSOLUTE for all
labor, services and/or materials provided to the Property.
17; SWANSON acknowledged the subject work was satisfactorily completed.
18. As a result, ABSOLUTE has been damaged.
WHEREFORE, ABSOLUTE moves for judgment against SWANSON for damages
including, attorney’s fees, costs and interest as well as any other relief this Honorable Court deems
just and equitable.
COUNT Il-ACTION TO ENFORCE AND FORECLOSUE ON CONSTRUCTION LIEN
19, ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through
twelve (12) as if stated full herein.
20. On March 8, 2023, ABSOLUTE timely recorded its Claim of Lien in the amount
of $57,041.26 at Instrument #3231091, of the Public Records of Charlotte County, Florida (the
“Claim of Lien”). A true and correct copy of the Claim of Lien is attached hereto as Exhibit C.
21. The Claim of Lien was timely served upon Swanson in accordance with Chapter
713, Florida Statutes.
22, ABSOLUTE'’s Final Payment Affidavit was delivered to SWANSON via Certified
U.S. Mail, return receipt requested, at least five (5) days prior to the institution of this action. A
true and correct copy of the Final Payment Affidavit is attached hereto as Exhibit D.
23. The balance due on the Claim of Lien is $57,041.26, exclusive of interest, costs,
and attorneys’ fees.
24. Despite ABSOLUTE’S requests for payment, SWANSON has failed and continue
to fail to pay the sums due ABSOLUTE.
23; ABSOLUTE has timely filed suit within one (1) year of the recording of the Claim
of Lien.
26. ABSOLUTE has retained the undersigned counsel in connection with enforcing the
Contract and the Claim of Lien and has agreed and become obligated to pay such counsel a
reasonable fee for its services.
WHEREFORE, ABSOLUTE respectfully requests this Court to enter judgment in its favor
and against SWANSON, jointly and severally, for general and special damages, pre- and post-
judgment interest, and attorneys’ fees and costs; and further requests that this Court: (a) adjudicate
the amounts due ABSOLUTE under the Claim of Lien; (b) adjudicate that ABSOLUTE has a valid
and existing construction lien on the Property for the amount of ABSOLUTE’s claim, together
with interest, costs, and attorneys’ fees; (c) foreclose on the lien and order the interest of
SWANSON in the Property be sold at public sale; (d) order the proceedings arising from the sale
be brought into the Court and that ABSOLUTE be paid therefrom all amounts due it; (e) enter a
deficiency judgment for any difference between the amount for which the Property is sold and the
amount set forth in the Claim of Lien, plus interest, attorneys’ fees, and costs; and (f) provide such
other relief as may be deemed just and proper.
COUNT II- CIVIL REMEDY FOR VIOLATION OF FLORIDA STATUTE §68.065
27. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through
twelve (12) as if stated full herein.
28. SWANSON either stopped payment or checks were retuned pertaining to
attempted payment to ABSOLUTE for its work on the project.
29. Attached as Exhibit E hereto is the pre-suit demand regarding the insufficient
checks.
30. ABSOLUTE provided demand to SWANSON pursuant to Florida Statute §68.065
prior to filing suit, but SWANSON failed to provide payment for the checks and service fee.
WHEREFORE, ABSOLUTE moves for judgment against SWANSON for damages
including threefold the actual damages, service fees, attorney’s fees, costs and interest as well as
any other relief this Honorable Court deems just and equitable.
JURY DEMAND
ABSOLUTE demands trial by jury on all issues so triable.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
Florida Court’s E-filing Portal, on this ZH, of March, 2023.
SLUSHER & ROSENBLUM, P.A.
Attorneys for Plaintiff
444 W. Railroad Avenue, Suite 470
West Palm Beach, Florida 33401
hone: 561 -814-2020
_— Teeny ES Ea,
Florida Bar No. 145769
jes@slusherandrosenblum.com
Jason P. Blevins, Esq.
Florida Bar No. 467383
jpb@slusherandrosenblum.com
IABSOLUTE
— eNO}—
Contract for services and assignment of benefits
Customer Name: I Si
Prope’ Address: L
Insurance Company:—L.et INnSvraye, Giovp
polit B24 S83 129 370%toims
Date of Loss: 2) of job: out: Mold Remediation
Built back.
I/We, the undersigned owners) of the above-referenced property, authorize ABSOLUTE
RESTORATION INC ("Company"), to enter upon my property and provide all labor and materials
necessary to protect, repair, or replace the damage to my home/Business or to preserve and/or
to protect my property from further damage (collectively, "Services"). Additionally, in
oP sideration for these Services and on promise to provide all work approved or paid for by my
a insurance company ("Carrier") or self-paid. | agree to assign my insurance benefits to
me subject to the terms and conditions in this Agreement which contains an Assignment of
Benefits effective on the date last signed ("Effective Date"), between the undersigned
customer(s) ("Customer") and (Collectively, the "Parties"), subject to the term and conditions
herein:
AUTHORIZATION/ACCESS: Customer authorizes Company to enter the Property, furnish
materials, supply all equipment, and perform all labor necessary to preserve and protect the
Property: Customer hereby assigns Customer's insurance claim ("Claim") to Company in
consideration for Company agreeing to complete the scope of work approved or otherwise paid
for by the Carrier under Customer's insurance policy(ies) covering the Property ("Policy").
Customer is responsible for any interruption of the Services (and any related damages or
claims) caused by Customer's failure or refusal to provide such access.
ASSIGNMENT OF BENEFITS: Customer assigns all insurance rights, benefits, proceeds, claims,
causes of action, and supplementary claims under the Policy for benefits related to the Services
("Benefits") in consideration for the Services rendered or to be rendered by Company.
Customer directs Carrier to release all information requested by Company, its representatives,
and Company's attorney to obtain the Benefits from Carrier. Customer hereby authorizes and
unequivocally directs Carrier to communicate directly with Company regarding the Claim and
Benefits and deliver any and all payments related to the Benefits solely to Company, and any
and all check(s) to be made payable to Company.
EXHIBIT
A
5
IABSOLUTE
EOIN —
Company has the right to deal directly with the Carrier, endorse checks on Customer's behalf,
and to file suit against Carrier in Company's sole discretion.
er's
Homeowner agrees that Company is working for the Homeowner and not Homeown
yo
insurance company or any agent/adjuster
PAYMENT: Customer's obligations are 50% advance or customer insurance
deductible or full payment; any betterme nt ordered and performe d that Customer
approved, and any contracted work performed before this Agreemen t's rescission (collectively,
"Customer's Obligations"). If the Carrier does not directly pay Company, payment to Company
made by Carrier
shall be due and payable immediately upon receipt of any draws or advances
Company may
In accordance with Company's progress in providing repairs to the Property, and
stop work if Customer does not promptly pay or disburse such monies.
Company in
Customer shall pay all of Company's attorney's fees and costs incurred by
to Customer 's Obligations.
connection with collecting any amounts due which are related
Property, except
PERSONAL PROPERTY: Company shall not be responsible for protection of the
specifications provided by
to provide that protection which is specifically called for under the
this Agreement. Customer shall remove, store and protect Customer's personal property during
Company's work. All work shall be completed in a workmanlike manner, according to standard
industry practices.
The Services and pricing are subject to change upon discovery of hidden defects.
MISC: Company agrees to indemnify and hold harmless Customer from all liabilities, damages,
the Policy subject to this
losses, and costs, including, but not limited to, attorney fees, should
hereby
Agreement prohibit, in whole or in part, the assignment of benefits. Customer
or caused by Custome r's
indemnifies and holds Company harm! less for all harm related to
ended services or to follow
failure or refusal to allow Company to provide Company's recomm
is held to be invalid or
Company's recommended procedures. If any term of this Agreement
that such term shall be
unenforceable by a court of competent jurisdiction, the Parties agree
able while adhering as closely as
reformed as necessary to make such term valid and enforce
hereof shall remain in
possible to the original term and further agree that the remaining terms
that they were induced to
full force and effect. The Parties further waive the right to claim
is the entire agreement
enter into this Agreement by anything except the terms hereof. This
andings, negotiations, and
between the Parties and supersedes all prior agreements, underst
discussions, whether oral or written, of the Parties.
of this Agreement to the
DELIVERY TO INSURER: Company shall provide an executed copy
the date upon which the work
Carrier within three (3) business days from the Effective Date or
begins, whichever is earlier
y will perform under
WORK: A written, itemized, per-unit cost estimate of the services Compan
only relates to work to be performed
this Agreement is attached as Exhibit "A". This Agreement
or structure or to
by Company for services to protect, repair, restore, or replace a dwelling
mitigate against further damage to the property.
FOTO
(ABSOLUTE
PLEASE READ AND UNDERSTAND THIS ENTIRE AGREEMENT BEFORE SIGNING IT. YOU ARE
AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A
THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER.
YOU HAVE THE RIGHT TO RESCIND THIS AGREEMENT WITHOUT PENALTY IF THE SERVICES
HAVEN'T BEEN SUBSTANTIALLY COMPLETED WITHIN THIRTY (60) DAYS AFTER THE SERVICES
ARE SCHEDULED TO COMMENCE; OR IF SUBSTANTIAL WORK ON THE PROPERTY HAS NOT
BEGUN WITHIN THIRTY (30) DAYS AFTER THIS AGREEMENT IS EXECUTED AND THE AGREEMENT
DOES NOT SPECIFY AFOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE
AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO
PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.
Kelecd A Yuremger S728
. 2»U/-3- AZ
Roeiery A, Swan sen
(Homeowner, Business owner) Signature
Resalind Guransen
Print name:
Lae pate: [1- 3-22
Absolute Restoration Representative
TForrordia, Rates
Print Name:
(ABSOLUTE
STU
Work Authorization and Direction to Pay
Customer Name: (Qui S COL) SOY)
.
Prope: Address: i: lu wosol
q
Insurance Company: T BL INS oCOmnce G LOnC
Policy#8 10.4 SS 12 F 32022-caimTe B104S67 2932022900
F427)
Date of Loss: g | 2 2 Z7 Type ofjob: _Dryout: Mold Remediation
Butd Back
|, the undersigned owner/agent (“Homeowner”/ “Business
owner “) (“Business
Association/management Company”) hereby retain ABSOLU
TE RESTORATION INC ( “Company”)
to perform services described herein. These services are
necessary to address the damages to
homeowner's residence/Business, Company and Homeow
ner/Business owner / Bi jusiness
management Company believes the services are covere
d by homeowner/Business owner
insurance.
Homeowner/Business owner authorizes Company to enter my
property, furnish materials,
supply equipment, and perform all labor or work necessary to
perform the services related to
the type of job identified above, in relation to the loss described
herein. Homeowner will
provide access to the property for the period when work
is scheduled, and continuous
electricity will be made available for the Company's use
during the job at no cost to the
Company.
Authorized Anti-Microbial Agents: Homeowner/business
owner understands that in the best
judgment of Company materials may be treated with a commer
cial antimicrobial agent to
inhibit the microorganisms during and after the remedi
ation Process. Homeowner/business
owner has received advanced notice of the use
of antimicrobial products as part of the
remediation process. Homeowner understands it is beyond the
expertise of Company to
determine if individuals are sensitive to its application and will
not hold Company harmless for
its use.
I
— UM —
Company bills for its services utilizing protocols used by the insurance industry. Company
agrees to submit its invoice for payment to Homeowner's/Business owner/Agent insurance
company. Company agrees that it will not look to Homeowner/Business owner/ for payment
unless coverage for the services is denied.
Homeowner agrees to pay Company for the fees at the rates listed in Exhibit A, for the services
at the rates listed in Exhibit A, for the materials at the rates listed in Exhibit A, for the supplying
of equipment at the rates listed in Exhibit A, and for performing all labor at the rates listed in
Exhibit A.
Direction to Pay: Homeowner/Business owner authorizes and directs its insurance company as
listed above ("Insurance Company") to pay Company solely and directly for that work covered
by Homeowner'/business owner’s insurance policy. Homeowner/Business owner/Agent hereby
authorizes and unequivocally instructs direct payment of any benefits or proceeds to Company.
Homeowner/Business owner/Agent also authorizes Company be given irrevocable power-of-
attorney and express permission to endorse Homeowner's/Business owner name on any and all
checks received from an insurance company on Homeowner’s/Business owner behalf provided
by Company. Homeowner/Business owner acknowledges that to the best of their knowledge,
there Is insurance coverage for this loss.
Assistance: If, for any reason, Homeowner/Business owner receives a check from insurance
company for services made payable to Homeowner/Business owner, Homeowner/Business
owner agrees to pay Company that amount or endorse the check to Company.
Homeowner/Business owner agrees to assist Company in obtaining payment from Insurance
Company, including pursuing litigation as necessary. If proceeds are recovered from the
insurance company and not paid to the Company when due, Homeowner/Business owner is in
breach of this agreement, and the full amount of all invoices are immediately payable and due,
along with all fees and costs, Including a reasonable attorney's fees Incurred, which shall be
paid by Homeownerto the Company in relation to collection of the amount owed.
Payment to Company is due the deductible in advance and remaining within 30 days of this
Agreements date. Late charges of 1.5° monthly (or the maximum amount allowed by law,
whichever is less) are charged to any and a unpaid balances after 180 days of the date of this
Agreement. Company shall be entitled reimbursement for costs of collection (including
reasonable attorney's fees and costs, including without limitation the fees and costs associated
with filing and servinga lien) of any unpaid balances more than 45 days after the date of this
Agreement.
Deductible and Betterment: Homeowner/Business owner agrees to pay to the Company
Homeowner's/Business owner deductible that applies to this claim(if applicable). It Is fully
understood that Homeowner/Business owner and its agents, successors, assigns, and helrs are
personally responsible for any and all deductibles or unpaid bill by insurance company.
(ABSOLUTE
-
— su —
Additional work requested and not covered by insurance proceeds, is Homeowner's/Business
owner/Agent responsibility to pay.
Homeowner agrees that Company is working for the Homeowner/Business and not insurance
company or any agent/adjuster.
If Homeowner/Business owner cancels or otherwise breaches this contract,
Homeowner/Business owner shall immediately pay Company in full for the invoices of services
rendered and materials purchased up to the time of cancellation and shall pay an additional
amount equal to 20% of the total contract amount which represents Company's loss of profit
which shall not be otherwise construed, nor is it intended to constitute a penalty.
It is understood that the Company's invoice for services rendered will be paid directly by the
insurance company to the Company or by the Homeowner/Business owner out of insurance
proceeds collected by Homeowner/business owner.
In the event Company is not allowed to perform its recommended procedures and/or drying
equipment is removed prematurely, Homeowner agrees to release and hold Company harmless
against all claims or liability resulting from the services provided.
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 NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST
YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR
A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL
SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR
PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY
YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS
MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR
LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR
MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT
THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU
WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO
YOUR A "NOTICE TO OWNER.” FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED
AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY
FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS
RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR
INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA
CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND
ADDRESS:
Florida Homeowners’ Construction Recovery Fund
2601 Blair Stone Road, Tallahassee, FL 32399-2215
Tel. 850.921.6593
IABSOLUTE
— UT —
This Agreement constitutes the entire agreement between Homeowner and Company and
supersedes all prior negotiations, representations, understandings, and agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both
Homeowner and Company. Homeowner acknowledges that Company has made no guarantees,
warranties, understandings, or representations (nor have any been made by any representative
of Company) that are not included in this Agreement.
This contract shall be construed, interpreted, and applied according to the laws of the State of
Florida. This contract shall not be assigned without the written consent of all parties.
Rok Qk sw HB -26
Ol val toon syns pate: J ~ F- 2A
Homeowner/Business Owner/Agent Signature
Vesalied - Sounsoie Reopens A. Swanson
Print name:
ZS
Absolute Restoration Representative
te \i-5- 5.
forromdo, octi,
Print Name:
IABSOLUTE
CERTIFICATE OF COMPLETION
To:
“Kepere N, Suoqdso nl
Project Address: 654% BWRDEX LAKE C©—
EN6LEWeop, FL SHagy
Job #
me 9/4 49
In accordance with the requirements of the contract and scope of work as EXHIBIT
between ABSOLUTE RESTORATION INC and © inl
All the work has been fully completed and satisfied by the Homeowner in accordance with
the requirements of the Job Description and punch list provided.
All money owed must be paid in full by the homeowner in 20 days from this
Certificate.
CUSTOMER INDEMNIFICATION. Customer agrees to indemnify
and hold harmless ABSOLUTE ESTORATION
employees, agents, successors, and assigns for and against any and all liabilities, losses, penalties, fines, INC and its managers,
thereto (including costs of defense, settlement, and reasonable attorneys’ fees), which any or all of if them claims, costs and expenses incidental
responsible for or payout as a result of bodily injuries (including death), property damage, contan mination mayof orhereafter suffer, incur, be
adverse effects on the
environment, or any violation or alleged violation of statutes, ordinances, , laws, orders, rules or regulations, to the
extent caused by
Customer's breach of this Agreement or by any negligent act, ne; gligent omission or willful misconduct of Customer or its employees,
or contractors in the performance
agents
arbitration shall be proper in West palm beach, FL.
Collection Costs, Attorneys ‘Fees, and Interest. In the event that Absolute Restoration is
required to undertake collection procedures or legal action for collection of past due payment, Absolute Restoration shall be entitled to
recover interest at 11/2 % per month, collection and court costs, lien filing and processing fees, and reasonable
attorneys’ fees,
Ihave read and understand this agreement, including the Terms and Conditions of Service
on the reverse side hereof and agree to them. Client's signature below acknowledges receipt of a copy of this agreement.
ke
ES ‘Repenp SD pA gan § RRaQu ®
ABSOLUTE RESTORATION Home Owner
sen
ag
SIGNATURE
tap ASIGNATURE
2705 82%0 LANE N WEST PALM BEACH, FL33412
ABSOLUTERESTORATIONUS.COM
EXHIBIT
8
5
ROGER D, EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT, PAGE: 1 OF 1
INSTR #: 3231091 Doc Type: LN, Recorded: 03/08/2023 at 08:06 AM
RECORDING $10.00 ERECORDED
THIS INSTRUMENT PREPARED BY
AND PLEASE RECORD AND RETURN TO.
Jason P. Blevins, Esq.
Slusher& Rosenblum, P.A.
444 W. Railroad Ave., Suite 470
West Palm Beach, FL 33401
561-814-2020 (T) / 561-557-4598 (F)
WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT A
CONSTRUCTION LIEN HAS BEEN PLACED ON
THE REAL PROPERTY LISTED HERFIN. 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 DISCHARGE THIS LIEN.
CLAIM OF LIEN
State of Florida
County of Palm Beach
Before me, the undersigned notary public, personally appeared Femanda Ohl,
the President of
Absolute Restoration Inc, who was duly swom and says that she is the agent
of the lienor herein, whose
address is 12705 82" Lane North, West Palm Beach, Florida 33412; and that in accordanc
e with a contract
with Robert Swanson and Rosalind Swanson, lienor furnished labor, services, or 1 materials for
the purpose
of remediation and build back at the following described real property in Charlott '¢
County, Florida with a
location address of 6512 Hidden Lake Ct, Englewood, Florida 34224 and Parcel
Control Number of
412004480003
Lot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16,
Pages 56A through 56H, of Public Records of Charlotte County, Florida
Owned by Robert A. Swanson and Rosalind M. Swanson, co-Trustees under that Declaratio
n of Trust dated
December 5, 1996, ofa total value of 041.26, of which remains unpaid $57,041.26, and fumished the
first of the i is on imber 3, 29 the last of the items on December 9, 2022
Fernanda Ohi, President
The foregoing instrument was acknowledged before me by means of physical presence or OD) online
notarization, this lay of March, 2023, by Fernanda Ohl, as President of Absolute Restoration Inc.
who
is () personally known to me or Y has product ays YM Care as identification.
(NOTARY SEAL)
Notatary
Print N mid SON,
DaimiR JEFFERSON CommisSion No.
Notary Public - State of Florida
Commission # Hh 337686
my Comm. Expires Dec 4, 2026 EXHIBIT
C
9
CONTRACTOR'S FINAL PAYMENT AFFIDAVIT
State of Florida
County of Palm Beach
Before me, the undersigned authority, personally appeared Fernanda Ohl, who, after being first
duly sworn, deposes and says of her personal knowledge the following
1 She is the President of Absolute Restoration Inc, which does business in the State of Florida,
hereinafter referred to as the “Contractor.”
22 Contractor, pursuant to a contract with Robert Swanson and Rosalind Swanson, hereinafter
teferred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services
for the construction of certain improvements to real property as more particularly set forth in said
contract
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 Owner in the amount of $57,041.26 .
4 All work to be performed under the contract has been fully completed, and all lienors under
the direct contract have been paid in full, except the following listed lienors
NAME OF LIENOR =AMOUNT DUE
N/A
Signed, sealed, and delivered this day of March, 2023,
Fernanda Ohl,
<
President of Absolute
Restoration Inc
Sworn to ai subscribed before me this day of by Fernanda Ohl_, who is personally
known to for produced _as identification, and did take an oath.
otal lubfic
My Commission Expires: ae awe JEFFERSON
LECA 202 ( ts Notary Public - State of Florica
om Commission # HH 337686
My Comm. Expires Dec 4, 2026
Preview
Filing # 175686777 E-Filed 06/20/2023 10:57:37 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA ABSOLUTE RESTORATION INC, CASE NO: 23001232CA Plaintiff, DIVISION: CIRCUIT CIVIL v ROBERT SWANSON AND ROSALIND SWANSON, Individually and as Co-Trustees under that certain Declaration of Trust dated December 5, 1996, Defendants. / PLAINTIFF’S OMNIBUS MOTION TO COMPEL DEFENDANTS TO PROVIDE BETTER RESPONSES TO REQUESTS FOR ADMISSION Plaintiff, ABSOLUTE RESTORATION INC (hereinafter “Plaintiff’) moves to compel Defendants’, ROBERT SWANSON AND ROSALIND SWANSON Individually and as Co- Trustees under that certain Declaration of Trust dated December 5, 1996 (hereinafter collectively “Defendants”, to provide better responses to requests for admission as follows: 1 The subject lawsuit arises out of unpaid labor, services and/or materials provided by Plaintiffto the Defendants as well as bad checks written by Defendants. See Exhibit “A” hereto, Plaintiff's complaint. 2. Defendants executed an assignment of insurance benefits in favor of Plaintiff for the work performed by Plaintiff. 3 Notwithstanding both Defendants signing a certification of completion for the subject work, Defendants have failed to pay, in full, for the work. See certification of competition attached to Plaintiff's complaint. 4. In addition to having signed a certificate of completion, Defendants have filed an answer and affirmative defenses to Plaintiff's complaint raising numerous affirmative defenses without pleading sufficient ultimate facts to support same. See Exhibit “B” hereto, Defendants’ Answer and Affirmative Defenses. 5 In order to narrow issues, Plaintiff served Defendants with requests for admission. See Exhibits “C” and “D” hereto, Plaintiff's requests for admission to Defendants. 6 Defendants were also served with interrogatories and a request to produce wherein they were to provide the factual basis for any denials to requests for admission. See Exhibits “E”. > “F” and “G” hereto, Plaintiff's interrogatories and request to produce to Defendants. 7 Defendants responded to the requests for admission but provided denials in contradiction to their certification of completion as well as failed to provide responses to interrogatories and request to produce for a factual basis for the denials. See Exhibit “H”, 8 Florida Rule of Civil Procedure 1.370 allows a party to admit, deny, object or after making reasonably inquiry state the information known or readily obtainable is insufficient to admit or deny. 9. The rule also requires “A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part ofthe matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder.” 10. Florida jurisprudence has held that, “The purpose of requests for admissions is to define and limit the issues in controversy between the parties, thus reducing the expense and delay that might otherwise be unnecessarily involved in the trial, and thereby facilitating proof at trial. This is accomplished by compelling admissions to those matters over which there is no good faith controversy.” Winn Dixie Stores, Inc. v. Gerringer, 563 So.2d 814 (Fla. 3d DCA 1990). TL. In request for admission #2, Plaintiff asked Defendants to admit that, “SWANSON has not paid ABSOLUTE, in full, for the labor, services and/or materials that ABSOLUTE provided to SWANSON and the subject property.” 12. Defendants responded, “Denied.” 13. Contrary to Defendants’ denial, Defendants are aware that they have not paid Plaintiff the sums due as well as provide bad checks despite the aforementioned certification of completion. 14. As such, Defendants should admit request for admission #2. 15. In request for admission #3, Plaintiff asked Defendants to admit that, “SWANSON’s insurer has not paid ABSOLUTE, in full, for the labor, services and/or materials that ABSOLUTE provided to SWANSON and the subject property.” 16. Again, contrary to Defendants’ denial, Defendants are aware that their insurer has not paid Plaintiff the sums due. TZ As such, Defendants should admit request for admission #3. 18. In request for admission #4, Plaintiff asked Defendants to admit that, “SWANSON owes ABSOLUTE $57,041.26 for the labor, services and/or materials that ABSOLUTE provided to SWANSON and the subject property.” 19. Defendants again responded, “Denied.” 20. Defendants’ denial contradicts their prior certification of completion and Defendants are also aware that they provided bad checks to Plaintiff. 21 In request for admission #5, Plaintiff asked Defendants to admit that, “SWANSON accepted and approved ABSOLUTE’s work on the project and the subject property.” 22. Defendants, again, responded, “Denied.” 23. Defendants, again, contradict their prior executed certification of competition stating that the work was completed and to their satisfaction. 24. Finally, in request for admission #6, Plaintiff asked Defendants to admit that, “SWANSON signed a certificate of completion for ABSOLUTE’s work on the subject project and property.” 25. Defendants responded, “Admit only that the Plaintiff's obtained a signature from the Defendants for the completion of work; however, Defendants deny this request for admission as the Defendants capacity to sign the same is raised as an affirmative defense in this action.” 26. Defendants improperly attempt to rewrite the request for admission as the response should simply be “Admitted”. Zhe Moreover, even though the request for admission did not ask about Defendants’ capacity, Defendants are presumed competent to contract and have not produced evidence to the contrary. See, e.g. Holmes v. Burchette, 766 So.2d 387 (Fla. 2d DCA 2000). 28. In closing, the Florida Supreme Court has made clear that, “A primary purpose in the adoption of the Florida Rules of Civil Procedure is to prevent the use of surprise, trickery, bluff and legal gymnastics. Revelation through discovery procedures of the strength and weaknesses of each side before trial encourages settlement of cases and avoids costly litigation. Each side can make an intelligent evaluation of the entire case and may better anticipate the ultimate results.” Surfv. Vermette, 236 So.2d 108 (Fla. 1970). WHEREFORE, Plaintiff moves to compel Defendants to provide better responses to requests for admission as well as any other relief this Honorable Court deems just and equitable. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was served via the Florida Court’s E-filing Portal to Bradley A. Spivey, Esq. (Attorneys for Defendants) Berlin Patten Ebling, P.A., 324 Hyde Park Ave., Suite 325, Tampa , Florida 33606 (bspivey@berlinpatten.com) te (servicebpetpa@berlinpatten.com), on this?? day of June, 2023. SLUSHER & ROSENBLUM, P.A. Attorneys for Plaintiff 444 W. Railroad Avenue, Suite 470 each, Florida 33401 Telephone: 561-814-2020 a, ty By i ae emy E. Slusher ee ~ Florida Bar No. 145769 jes@slusherandrosenblum.com Jason P. Blevins, Esq. Florida Bar No. 467383 jpb@slusherandrosenblum.com Filing # 169616640 E-Filed 03/24/2023 04:55:56 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA ABSOLUTE RESTORATION INC, CASE NO: Plaintiff, DIVISION: V. ROBERT SWANSON AND ROSALIND SWANSON, Individually and as Co-Trustees under that certain Declaration of Trust dated December 5, 1996, Defendants. / COMPLAINT Plaintiff, ABSOLUTE RESTORATION INC (hereinafter “ABSOLUTE”) sues Defendants ROBERT SWANSON AND ROSALIND SWANSON Individually and as Co- Trustees under that certain Declaration of Trust dated December 5, 1996 (hereinaf ter collectively “SWANSON”) as follows: GENERAL ALLEGATIONS 1 This is an action for damages which exceed $50,000.00, exclusive of attorney s” fees, costs and interest and is within the jurisdiction of this Court. 2 At all times material hereto, ABSOLUTE was and is a Florida Profit Corporation conducting business in Charlotte County, Florida. 3 At all times material hereto, SWANSON were and are an individuals residing in and/or owning real property in Charlotte County, Florida. 4. At all times material hereto, SWANSON owned the real property located 6512 Hidden Lake Ct Englewood, Florida 34224 with a legal description of: SS eS EXHIBIT _ = cc Lot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16, Pages 56A through 56H, of Public Records of Charlotte County, Florida (hereinafter “Property”). 5 Charlotte County, Florida has venue over the subject lawsuit as the Property owned by SWANSON is located there, ABSOLUTE and SWANSON entered into a contract to improve the Property and SWANSON failed to pay ABSOLUTE, in full, for its labor, services and/or materials provided in Charlotte County, Florida. 6. All conditions precedent have been satisfied by ABSOLUTE or waived by SWANSON. hs ABSOLUTE has retained the law firm of Slusher & Rosenblum, P.A. and has agreed to pay a reasonable attorney’s fee. 8 ABSOLUTE provided labor, services and/or materials, to wit, dry out, mold remediation and build back pursuant to its contract with SWANSON. 9 A copy of the subject contract is attached hereto as Exhibit A. 10. The labor, services and/or materials provided by ABSOLUTE permanently improved the Property. 11. Notwithstanding ABSOLUTE’s compliance with the contract, neither SWANSON nor anyone else has paid ABSOLUTE, in full, for ABSOLUTE’s work and owes ABSOLUTE approximately $57,041.26 12. SWANSON acknowledged ABSOLUTE'’s work was satisfactorily completed. See Exhibit B hereto. COUNT I-BREACH OF CONTRACT AGAINST SWANSON 13. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through twelve (12) as if stated full herein. 14. ABSOLUTE and SWANSON entered into a valid contract attached hereto as Exhibit A. 15: Pursuant to the contract, SWANSON was to pay ABSOLUTE for the labor, services and/or materials that it provided to the Property. 16. SWANSON materially breached the contract by failing to pay ABSOLUTE for all labor, services and/or materials provided to the Property. 17; SWANSON acknowledged the subject work was satisfactorily completed. 18. As a result, ABSOLUTE has been damaged. WHEREFORE, ABSOLUTE moves for judgment against SWANSON for damages including, attorney’s fees, costs and interest as well as any other relief this Honorable Court deems just and equitable. COUNT Il-ACTION TO ENFORCE AND FORECLOSUE ON CONSTRUCTION LIEN 19, ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through twelve (12) as if stated full herein. 20. On March 8, 2023, ABSOLUTE timely recorded its Claim of Lien in the amount of $57,041.26 at Instrument #3231091, of the Public Records of Charlotte County, Florida (the “Claim of Lien”). A true and correct copy of the Claim of Lien is attached hereto as Exhibit C. 21. The Claim of Lien was timely served upon Swanson in accordance with Chapter 713, Florida Statutes. 22, ABSOLUTE'’s Final Payment Affidavit was delivered to SWANSON via Certified U.S. Mail, return receipt requested, at least five (5) days prior to the institution of this action. A true and correct copy of the Final Payment Affidavit is attached hereto as Exhibit D. 23. The balance due on the Claim of Lien is $57,041.26, exclusive of interest, costs, and attorneys’ fees. 24. Despite ABSOLUTE’S requests for payment, SWANSON has failed and continue to fail to pay the sums due ABSOLUTE. 23; ABSOLUTE has timely filed suit within one (1) year of the recording of the Claim of Lien. 26. ABSOLUTE has retained the undersigned counsel in connection with enforcing the Contract and the Claim of Lien and has agreed and become obligated to pay such counsel a reasonable fee for its services. WHEREFORE, ABSOLUTE respectfully requests this Court to enter judgment in its favor and against SWANSON, jointly and severally, for general and special damages, pre- and post- judgment interest, and attorneys’ fees and costs; and further requests that this Court: (a) adjudicate the amounts due ABSOLUTE under the Claim of Lien; (b) adjudicate that ABSOLUTE has a valid and existing construction lien on the Property for the amount of ABSOLUTE’s claim, together with interest, costs, and attorneys’ fees; (c) foreclose on the lien and order the interest of SWANSON in the Property be sold at public sale; (d) order the proceedings arising from the sale be brought into the Court and that ABSOLUTE be paid therefrom all amounts due it; (e) enter a deficiency judgment for any difference between the amount for which the Property is sold and the amount set forth in the Claim of Lien, plus interest, attorneys’ fees, and costs; and (f) provide such other relief as may be deemed just and proper. COUNT II- CIVIL REMEDY FOR VIOLATION OF FLORIDA STATUTE §68.065 27. ABSOLUTE reavers and realleges the allegations in paragraphs one (1) through twelve (12) as if stated full herein. 28. SWANSON either stopped payment or checks were retuned pertaining to attempted payment to ABSOLUTE for its work on the project. 29. Attached as Exhibit E hereto is the pre-suit demand regarding the insufficient checks. 30. ABSOLUTE provided demand to SWANSON pursuant to Florida Statute §68.065 prior to filing suit, but SWANSON failed to provide payment for the checks and service fee. WHEREFORE, ABSOLUTE moves for judgment against SWANSON for damages including threefold the actual damages, service fees, attorney’s fees, costs and interest as well as any other relief this Honorable Court deems just and equitable. JURY DEMAND ABSOLUTE demands trial by jury on all issues so triable. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was served via the Florida Court’s E-filing Portal, on this ZH, of March, 2023. SLUSHER & ROSENBLUM, P.A. Attorneys for Plaintiff 444 W. Railroad Avenue, Suite 470 West Palm Beach, Florida 33401 hone: 561 -814-2020 _— Teeny ES Ea, Florida Bar No. 145769 jes@slusherandrosenblum.com Jason P. Blevins, Esq. Florida Bar No. 467383 jpb@slusherandrosenblum.com IABSOLUTE — eNO}— Contract for services and assignment of benefits Customer Name: I Si Prope’ Address: L Insurance Company:—L.et INnSvraye, Giovp polit B24 S83 129 370%toims Date of Loss: 2) of job: out: Mold Remediation Built back. I/We, the undersigned owners) of the above-referenced property, authorize ABSOLUTE RESTORATION INC ("Company"), to enter upon my property and provide all labor and materials necessary to protect, repair, or replace the damage to my home/Business or to preserve and/or to protect my property from further damage (collectively, "Services"). Additionally, in oP sideration for these Services and on promise to provide all work approved or paid for by my a insurance company ("Carrier") or self-paid. | agree to assign my insurance benefits to me subject to the terms and conditions in this Agreement which contains an Assignment of Benefits effective on the date last signed ("Effective Date"), between the undersigned customer(s) ("Customer") and (Collectively, the "Parties"), subject to the term and conditions herein: AUTHORIZATION/ACCESS: Customer authorizes Company to enter the Property, furnish materials, supply all equipment, and perform all labor necessary to preserve and protect the Property: Customer hereby assigns Customer's insurance claim ("Claim") to Company in consideration for Company agreeing to complete the scope of work approved or otherwise paid for by the Carrier under Customer's insurance policy(ies) covering the Property ("Policy"). Customer is responsible for any interruption of the Services (and any related damages or claims) caused by Customer's failure or refusal to provide such access. ASSIGNMENT OF BENEFITS: Customer assigns all insurance rights, benefits, proceeds, claims, causes of action, and supplementary claims under the Policy for benefits related to the Services ("Benefits") in consideration for the Services rendered or to be rendered by Company. Customer directs Carrier to release all information requested by Company, its representatives, and Company's attorney to obtain the Benefits from Carrier. Customer hereby authorizes and unequivocally directs Carrier to communicate directly with Company regarding the Claim and Benefits and deliver any and all payments related to the Benefits solely to Company, and any and all check(s) to be made payable to Company. EXHIBIT A 5 IABSOLUTE EOIN — Company has the right to deal directly with the Carrier, endorse checks on Customer's behalf, and to file suit against Carrier in Company's sole discretion. er's Homeowner agrees that Company is working for the Homeowner and not Homeown yo insurance company or any agent/adjuster PAYMENT: Customer's obligations are 50% advance or customer insurance deductible or full payment; any betterme nt ordered and performe d that Customer approved, and any contracted work performed before this Agreemen t's rescission (collectively, "Customer's Obligations"). If the Carrier does not directly pay Company, payment to Company made by Carrier shall be due and payable immediately upon receipt of any draws or advances Company may In accordance with Company's progress in providing repairs to the Property, and stop work if Customer does not promptly pay or disburse such monies. Company in Customer shall pay all of Company's attorney's fees and costs incurred by to Customer 's Obligations. connection with collecting any amounts due which are related Property, except PERSONAL PROPERTY: Company shall not be responsible for protection of the specifications provided by to provide that protection which is specifically called for under the this Agreement. Customer shall remove, store and protect Customer's personal property during Company's work. All work shall be completed in a workmanlike manner, according to standard industry practices. The Services and pricing are subject to change upon discovery of hidden defects. MISC: Company agrees to indemnify and hold harmless Customer from all liabilities, damages, the Policy subject to this losses, and costs, including, but not limited to, attorney fees, should hereby Agreement prohibit, in whole or in part, the assignment of benefits. Customer or caused by Custome r's indemnifies and holds Company harm! less for all harm related to ended services or to follow failure or refusal to allow Company to provide Company's recomm is held to be invalid or Company's recommended procedures. If any term of this Agreement that such term shall be unenforceable by a court of competent jurisdiction, the Parties agree able while adhering as closely as reformed as necessary to make such term valid and enforce hereof shall remain in possible to the original term and further agree that the remaining terms that they were induced to full force and effect. The Parties further waive the right to claim is the entire agreement enter into this Agreement by anything except the terms hereof. This andings, negotiations, and between the Parties and supersedes all prior agreements, underst discussions, whether oral or written, of the Parties. of this Agreement to the DELIVERY TO INSURER: Company shall provide an executed copy the date upon which the work Carrier within three (3) business days from the Effective Date or begins, whichever is earlier y will perform under WORK: A written, itemized, per-unit cost estimate of the services Compan only relates to work to be performed this Agreement is attached as Exhibit "A". This Agreement or structure or to by Company for services to protect, repair, restore, or replace a dwelling mitigate against further damage to the property. FOTO (ABSOLUTE PLEASE READ AND UNDERSTAND THIS ENTIRE AGREEMENT BEFORE SIGNING IT. YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER. YOU HAVE THE RIGHT TO RESCIND THIS AGREEMENT WITHOUT PENALTY IF THE SERVICES HAVEN'T BEEN SUBSTANTIALLY COMPLETED WITHIN THIRTY (60) DAYS AFTER THE SERVICES ARE SCHEDULED TO COMMENCE; OR IF SUBSTANTIAL WORK ON THE PROPERTY HAS NOT BEGUN WITHIN THIRTY (30) DAYS AFTER THIS AGREEMENT IS EXECUTED AND THE AGREEMENT DOES NOT SPECIFY AFOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY. Kelecd A Yuremger S728 . 2»U/-3- AZ Roeiery A, Swan sen (Homeowner, Business owner) Signature Resalind Guransen Print name: Lae pate: [1- 3-22 Absolute Restoration Representative TForrordia, Rates Print Name: (ABSOLUTE STU Work Authorization and Direction to Pay Customer Name: (Qui S COL) SOY) . Prope: Address: i: lu wosol q Insurance Company: T BL INS oCOmnce G LOnC Policy#8 10.4 SS 12 F 32022-caimTe B104S67 2932022900 F427) Date of Loss: g | 2 2 Z7 Type ofjob: _Dryout: Mold Remediation Butd Back |, the undersigned owner/agent (“Homeowner”/ “Business owner “) (“Business Association/management Company”) hereby retain ABSOLU TE RESTORATION INC ( “Company”) to perform services described herein. These services are necessary to address the damages to homeowner's residence/Business, Company and Homeow ner/Business owner / Bi jusiness management Company believes the services are covere d by homeowner/Business owner insurance. Homeowner/Business owner authorizes Company to enter my property, furnish materials, supply equipment, and perform all labor or work necessary to perform the services related to the type of job identified above, in relation to the loss described herein. Homeowner will provide access to the property for the period when work is scheduled, and continuous electricity will be made available for the Company's use during the job at no cost to the Company. Authorized Anti-Microbial Agents: Homeowner/business owner understands that in the best judgment of Company materials may be treated with a commer cial antimicrobial agent to inhibit the microorganisms during and after the remedi ation Process. Homeowner/business owner has received advanced notice of the use of antimicrobial products as part of the remediation process. Homeowner understands it is beyond the expertise of Company to determine if individuals are sensitive to its application and will not hold Company harmless for its use. I — UM — Company bills for its services utilizing protocols used by the insurance industry. Company agrees to submit its invoice for payment to Homeowner's/Business owner/Agent insurance company. Company agrees that it will not look to Homeowner/Business owner/ for payment unless coverage for the services is denied. Homeowner agrees to pay Company for the fees at the rates listed in Exhibit A, for the services at the rates listed in Exhibit A, for the materials at the rates listed in Exhibit A, for the supplying of equipment at the rates listed in Exhibit A, and for performing all labor at the rates listed in Exhibit A. Direction to Pay: Homeowner/Business owner authorizes and directs its insurance company as listed above ("Insurance Company") to pay Company solely and directly for that work covered by Homeowner'/business owner’s insurance policy. Homeowner/Business owner/Agent hereby authorizes and unequivocally instructs direct payment of any benefits or proceeds to Company. Homeowner/Business owner/Agent also authorizes Company be given irrevocable power-of- attorney and express permission to endorse Homeowner's/Business owner name on any and all checks received from an insurance company on Homeowner’s/Business owner behalf provided by Company. Homeowner/Business owner acknowledges that to the best of their knowledge, there Is insurance coverage for this loss. Assistance: If, for any reason, Homeowner/Business owner receives a check from insurance company for services made payable to Homeowner/Business owner, Homeowner/Business owner agrees to pay Company that amount or endorse the check to Company. Homeowner/Business owner agrees to assist Company in obtaining payment from Insurance Company, including pursuing litigation as necessary. If proceeds are recovered from the insurance company and not paid to the Company when due, Homeowner/Business owner is in breach of this agreement, and the full amount of all invoices are immediately payable and due, along with all fees and costs, Including a reasonable attorney's fees Incurred, which shall be paid by Homeownerto the Company in relation to collection of the amount owed. Payment to Company is due the deductible in advance and remaining within 30 days of this Agreements date. Late charges of 1.5° monthly (or the maximum amount allowed by law, whichever is less) are charged to any and a unpaid balances after 180 days of the date of this Agreement. Company shall be entitled reimbursement for costs of collection (including reasonable attorney's fees and costs, including without limitation the fees and costs associated with filing and servinga lien) of any unpaid balances more than 45 days after the date of this Agreement. Deductible and Betterment: Homeowner/Business owner agrees to pay to the Company Homeowner's/Business owner deductible that applies to this claim(if applicable). It Is fully understood that Homeowner/Business owner and its agents, successors, assigns, and helrs are personally responsible for any and all deductibles or unpaid bill by insurance company. (ABSOLUTE - — su — Additional work requested and not covered by insurance proceeds, is Homeowner's/Business owner/Agent responsibility to pay. Homeowner agrees that Company is working for the Homeowner/Business and not insurance company or any agent/adjuster. If Homeowner/Business owner cancels or otherwise breaches this contract, Homeowner/Business owner shall immediately pay Company in full for the invoices of services rendered and materials purchased up to the time of cancellation and shall pay an additional amount equal to 20% of the total contract amount which represents Company's loss of profit which shall not be otherwise construed, nor is it intended to constitute a penalty. It is understood that the Company's invoice for services rendered will be paid directly by the insurance company to the Company or by the Homeowner/Business owner out of insurance proceeds collected by Homeowner/business owner. In the event Company is not allowed to perform its recommended procedures and/or drying equipment is removed prematurely, Homeowner agrees to release and hold Company harmless against all claims or liability resulting from the services provided. 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 NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOUR A "NOTICE TO OWNER.” FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: Florida Homeowners’ Construction Recovery Fund 2601 Blair Stone Road, Tallahassee, FL 32399-2215 Tel. 850.921.6593 IABSOLUTE — UT — This Agreement constitutes the entire agreement between Homeowner and Company and supersedes all prior negotiations, representations, understandings, and agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Homeowner and Company. Homeowner acknowledges that Company has made no guarantees, warranties, understandings, or representations (nor have any been made by any representative of Company) that are not included in this Agreement. This contract shall be construed, interpreted, and applied according to the laws of the State of Florida. This contract shall not be assigned without the written consent of all parties. Rok Qk sw HB -26 Ol val toon syns pate: J ~ F- 2A Homeowner/Business Owner/Agent Signature Vesalied - Sounsoie Reopens A. Swanson Print name: ZS Absolute Restoration Representative te \i-5- 5. forromdo, octi, Print Name: IABSOLUTE CERTIFICATE OF COMPLETION To: “Kepere N, Suoqdso nl Project Address: 654% BWRDEX LAKE C©— EN6LEWeop, FL SHagy Job # me 9/4 49 In accordance with the requirements of the contract and scope of work as EXHIBIT between ABSOLUTE RESTORATION INC and © inl All the work has been fully completed and satisfied by the Homeowner in accordance with the requirements of the Job Description and punch list provided. All money owed must be paid in full by the homeowner in 20 days from this Certificate. CUSTOMER INDEMNIFICATION. Customer agrees to indemnify and hold harmless ABSOLUTE ESTORATION employees, agents, successors, and assigns for and against any and all liabilities, losses, penalties, fines, INC and its managers, thereto (including costs of defense, settlement, and reasonable attorneys’ fees), which any or all of if them claims, costs and expenses incidental responsible for or payout as a result of bodily injuries (including death), property damage, contan mination mayof orhereafter suffer, incur, be adverse effects on the environment, or any violation or alleged violation of statutes, ordinances, , laws, orders, rules or regulations, to the extent caused by Customer's breach of this Agreement or by any negligent act, ne; gligent omission or willful misconduct of Customer or its employees, or contractors in the performance agents arbitration shall be proper in West palm beach, FL. Collection Costs, Attorneys ‘Fees, and Interest. In the event that Absolute Restoration is required to undertake collection procedures or legal action for collection of past due payment, Absolute Restoration shall be entitled to recover interest at 11/2 % per month, collection and court costs, lien filing and processing fees, and reasonable attorneys’ fees, Ihave read and understand this agreement, including the Terms and Conditions of Service on the reverse side hereof and agree to them. Client's signature below acknowledges receipt of a copy of this agreement. ke ES ‘Repenp SD pA gan § RRaQu ® ABSOLUTE RESTORATION Home Owner sen ag SIGNATURE tap ASIGNATURE 2705 82%0 LANE N WEST PALM BEACH, FL33412 ABSOLUTERESTORATIONUS.COM EXHIBIT 8 5 ROGER D, EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT, PAGE: 1 OF 1 INSTR #: 3231091 Doc Type: LN, Recorded: 03/08/2023 at 08:06 AM RECORDING $10.00 ERECORDED THIS INSTRUMENT PREPARED BY AND PLEASE RECORD AND RETURN TO. Jason P. Blevins, Esq. Slusher& Rosenblum, P.A. 444 W. Railroad Ave., Suite 470 West Palm Beach, FL 33401 561-814-2020 (T) / 561-557-4598 (F) WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HERFIN. 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 DISCHARGE THIS LIEN. CLAIM OF LIEN State of Florida County of Palm Beach Before me, the undersigned notary public, personally appeared Femanda Ohl, the President of Absolute Restoration Inc, who was duly swom and says that she is the agent of the lienor herein, whose address is 12705 82" Lane North, West Palm Beach, Florida 33412; and that in accordanc e with a contract with Robert Swanson and Rosalind Swanson, lienor furnished labor, services, or 1 materials for the purpose of remediation and build back at the following described real property in Charlott '¢ County, Florida with a location address of 6512 Hidden Lake Ct, Englewood, Florida 34224 and Parcel Control Number of 412004480003 Lot 63, OYSTER CREEK, PHASE 1, according to Plat thereof, recorded in Plat Book 16, Pages 56A through 56H, of Public Records of Charlotte County, Florida Owned by Robert A. Swanson and Rosalind M. Swanson, co-Trustees under that Declaratio n of Trust dated December 5, 1996, ofa total value of 041.26, of which remains unpaid $57,041.26, and fumished the first of the i is on imber 3, 29 the last of the items on December 9, 2022 Fernanda Ohi, President The foregoing instrument was acknowledged before me by means of physical presence or OD) online notarization, this lay of March, 2023, by Fernanda Ohl, as President of Absolute Restoration Inc. who is () personally known to me or Y has product ays YM Care as identification. (NOTARY SEAL) Notatary Print N mid SON, DaimiR JEFFERSON CommisSion No. Notary Public - State of Florida Commission # Hh 337686 my Comm. Expires Dec 4, 2026 EXHIBIT C 9 CONTRACTOR'S FINAL PAYMENT AFFIDAVIT State of Florida County of Palm Beach Before me, the undersigned authority, personally appeared Fernanda Ohl, who, after being first duly sworn, deposes and says of her personal knowledge the following 1 She is the President of Absolute Restoration Inc, which does business in the State of Florida, hereinafter referred to as the “Contractor.” 22 Contractor, pursuant to a contract with Robert Swanson and Rosalind Swanson, hereinafter teferred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property as more particularly set forth in said contract 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 Owner in the amount of $57,041.26 . 4 All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors NAME OF LIENOR =AMOUNT DUE N/A Signed, sealed, and delivered this day of March, 2023, Fernanda Ohl, < President of Absolute Restoration Inc Sworn to ai subscribed before me this day of by Fernanda Ohl_, who is personally known to for produced _as identification, and did take an oath. otal lubfic My Commission Expires: ae awe JEFFERSON LECA 202 ( ts Notary Public - State of Florica om Commission # HH 337686 My Comm. Expires Dec 4, 2026