Court of Common Pleas ANSWERS Electronically Filed ... › 2016 › ... · PAUL NEEL, ETAL. CV 16 867716 vs. A. PERRINO CONSTRUCTION, INC., ETAL. Judge: JANET R. BURNSIDE Pages Filed:

NAILAH K. BYRD

CUYAHOGA COUNTY CUERK OF COURTS

1200 Ontario Street

Cleveland, Ohio 44113

Court of Common Pleas

ANSWERS Electronically Filed:

September 19,2016 16:11

By: ALAN B. DAILIDE 0088014

Confirmation Nbr. 859642

PAUL NEEL, ETAL. CV 16 867716

vs.

A. PERRINO CONSTRUCTION, INC., ETAL.

Judge:

JANET R. BURNSIDE

Pages Filed: 43

Electronically Filed 09/19/2016 16:11 / ANSWERS/CV 16 867716 /Confirmation Nbr. 859642/CLDLJ

IN THE COURT OF COMMON PLEAS

CUYAHOGA COUNTY, OHIO

PAUL NEEL, et al, ) CASE NO. CV16 867716

)

Plaintiffs, ) JUDGE JANET R. BURNSIDE

)

v. )

) [JURYDEMAND ENDORSED HEREON]

A. PERRINO CONSTRUCTION, INC., et al., )

)

Defendants. )

A. PERRINO CONSTRUCTION, INC., et al, )

)

New-Party Plaintiffs, )

)

v. )

)

DANIEL J. MYERS, )

600 East Granger Road, Second Floor )

Cleveland, Ohio 44131 )

)

New-Party Defendant. )

COMBINED ANSWER, COUNTERCLAIM, AND NEW-PARTY COMPLAINT OF

DEFENDANTS A. PERRINO CONSTRUCTION, INC. AND PAT PERRINO

Defendants A. Perrino Construction, Inc. (“Perrino Construction”) and Pat Perrino

(collectively, “Defendants”), by and through their undersigned counsel, without waiving Perrino

Construction’s right to insist upon mandatory and binding arbitration as set forth in applicable

construction agreement, for their Combined Answer to Plaintiffs Paul Neel and Stephanie Neel’s

Complaint (“Complaint”), admit, deny, allege, and aver as follows:

Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ

FIRST DEFENSE

(Answer to General Allegations)

1. Defendants deny the precursory statements in the first paragraph under the caption,

but do acknowledge a Complaint has been filed. Further answering, Defendants state that

Paragraph 1 asserts legal conclusions to which no response is required. To the extent a response

is required, Defendants admit that Perrino Construction entered into a certain construction

agreement with the Plaintiffs dated April 4, 2014 that is not fully defined by the Complaint and

that the contract speaks for itself. Further answering, Defendants deny all remaining allegations

contained in Paragraph 1 of the Complaint for lack of knowledge or information sufficient to form

a belief as to the truth thereof.

2. Defendants deny the allegations contained in Paragraph 2 of the Complaint for

lack of knowledge or information sufficient to form a belief as to the truth thereof.

3. Responding to the allegations of Paragraph 3 of the Complaint, Defendants state

that said paragraph asserts legal conclusions to which no response is required. To the extent a

response is required, Defendants admit that Perrino Construction is an Ohio corporation with an

office in Mayfield Heights, Ohio, but deny all remaining allegations contained in Paragraph 3 of

the Complaint.

4. Defendants admit the allegations contained in Paragraph 4 of the Complaint.



6. Defendants deny the allegations contained in Paragraphs 6, 7, and 8 of the

Complaint.


8. Defendants deny the allegations contained in Paragraph 10 of the Complaint.

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9. Responding to the allegations of Paragraph 11 of the Complaint, Defendants admit

that Plaintiffs seek injunctive and declaratory relief within the Complaint, but deny that the

Plaintiffs are entitled to such relief and all remaining allegations contained in Paragraph 11 of the

Complaint.




that Perrino Construction entered into a certain construction agreement with the Plaintiffs dated

April 4, 2014 that is not fully defined by the Complaint and that the contract speaks for itself.

Further answering, Defendants deny all remaining allegations contained in Paragraph 13 of the

Complaint.

12. Defendants deny the allegations contained in Paragraph 14 of the Complaint,

except to admit that there is a document attached to the Complaint labeled as Exhibit 1.




15. Responding to the allegations of Paragraphs 17 and 18 of the Complaint,

Defendants admit that Perrino Construction entered into a certain construction agreement with the

Plaintiffs dated April 4, 2014 that included applicable drawings and specifications that are not

fully defined by the Complaint and that the contract and such other documents speak for

themselves. Further answering, Defendants deny all remaining allegations contained in

Paragraphs 17 and 18 of the Complaint.

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16. Defendants deny the allegations contained in Paragraphs 19 and 20 of the

Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof.



19. Defendants deny the allegations contained in Paragraphs 23, 24, 25, 26, 27, 28, 29,

and 30 of the Complaint for lack of knowledge or information sufficient to form a belief as to the

truth thereof.


Complaint.



22. Defendants deny the allegations contained in Paragraphs 35, 36, and 37 of the

Complaint.

23. Responding to the allegations of Paragraph 38 of the Complaint, Perrino

Construction states that said paragraph asserts legal conclusions to which no response is required.

To the extent a response is required, Defendants deny the allegations contained in Paragraph 38 of

the Complaint for lack of knowledge or information sufficient to form a belief as to the truth

thereof.



25. Responding to the allegations of Paragraphs 40, 41, 42, and 43 of the Complaint,

Perrino Construction states that said paragraphs assert legal conclusions to which no responses are

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the Complaint for lack of knowledge or information sufficient to form a belief as to the truth

thereof.






response is required, Defendants deny the allegations contained in Paragraph 47 of the Complaint.







the Complaint.


required. To the extent a response is required, Defendants deny the allegations contained in

Paragraphs 40, 41, 42, and 43 of the Complaint.

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COUNTI

(Answer to Plaintiffs’ Claim of Breach of Contract against Perrino Construction)

34. For their response to Paragraph 53 of the Complaint, Defendants incorporate by

reference each and every admission, averment, denial, allegation, and defense contained in their

Combined Answer, whether written above or below, as if fully rewritten herein.


that Perrino Construction entered into a certain construction agreement with the Plaintiffs dated

April 4, 2014 that is not fully defined by the Complaint and that the contract speaks for itself.

Further answering, Defendants deny all remaining allegations contained in Paragraph 54 of the

Complaint.


Defendants state that said paragraphs assert legal conclusions to which no response is required.

To the extent a response is required, Defendants deny the allegations contained in Paragraphs 55

and 56 of the Complaint.

COUNT II

(Answer to Plaintiffs’ Claim of Fraudulent Misrepresentation against all Defendants)



Answer, whether written above or below, as if fully rewritten herein.

38. Defendants deny the allegations contained in Paragraphs 58, 59, 60, 61, and 62 of

the Complaint.



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Complaint.















COUNT III

(Answer to Plaintiffs’ Claim of Negligent Misrepresentation against all Defendants)





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COUNT IV

(Answer to Plaintiffs’ Claim of Civil Conspiracy against all Defendants)




50. Responding to the allegations of Paragraphs 78, 79, 80, 81, 82, 83, and 84 of the

Complaint, Defendants state that said paragraphs assert legal conclusions to which no response is

required. To the extent a response is required, Defendants deny the allegations contained in

Paragraphs 78, 79, 80, 81, 82, 83, and 84 of the Complaint.

COUNT V

(Answer to Plaintiffs’ Claim for Violation of R.C. 4722.01 against Perrino Construction)




52. Responding to the allegations of Paragraphs 86, 87, and 88 of the Complaint,


To the extent a response is required, Defendants deny the allegations contained in Paragraphs 86,

87, and 88 of the Complaint.


that Perrino Construction had and maintains appropriate insurance coverage, but deny all

remaining allegations contained in Paragraph 89 of the Complaint.

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54. Responding to the allegations of Paragraphs 90, 91, 92, 93, 94, 95, and 96 of the

Complaint, Defendants admit that Perrino Construction entered into a certain construction

agreement with the Plaintiffs dated April 4, 2014 that is not fully defined by the Complaint and

that the contract speaks for itself. Further answering, Defendants deny all remaining allegations

contained in Paragraphs 90, 91, 92, 93, 94, 95, and 96 of the Complaint.








response is required, Defendants deny the allegations contained in Paragraph 100 of the

Complaint.




response is required, Defendants deny the allegations contained in Paragraph 102 of the

Complaint.




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63. Defendants deny each and every allegation of fact, conclusion of law, or other

matter contained in the Complaint that has not been expressly admitted to be true in this Answer.

64. Defendants deny that Plaintiffs are entitled to the relief requested or any other

relief.

SECOND DEFENSE

65. Plaintiffs’ claims are barred, in whole or in part, in the present forum as they are

subject to mandatory and binding arbitration as set forth in applicable construction agreement.

THIRD DEFENSE

66. Plaintiffs’ claims are barred, in whole or in part, because Plaintiffs’ Complaint

fails to state a claim upon which relief may be granted against the Defendants.

FOURTH DEFENSE

67. Plaintiffs have failed to minimize or mitigate their alleged damages.

FIFTH DEFENSE

68. Plaintiffs’ claims against the Defendants are barred, in whole or in part, by the

doctrines of unclean hands, laches, waiver, estoppel, or release.

SIXTH DEFENSE

69. Plaintiffs’ claims against the Defendants are barred, in whole or in part, by the

terms and conditions of the applicable contract.



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SEVENTH DEFENSE

70. Plaintiffs’ claims against Defendants are barred, in whole or in part, by Plaintiffs’

substantial and material breach of the applicable contract documents, which excused Defendants’

performance.

EIGHTH DEFENSE

71. Plaintiffs’ alleged damages, if any, are not the result of any acts or omissions of the

Defendants, but instead are the result of Plaintiffs’ or its agents’ own acts or omissions and/or the

acts or omissions of other parties over whom the Defendants had no authority or control.

NINTH DEFENSE

72. Plaintiffs’ claims against the Defendants are barred, in whole or in part, by lack of

timely notice and opportunity to cure under R.C. 1312.04.

TENTH DEFENSE

73. Plaintiffs’ claims against the Defendants are barred, in whole or in part, because

the alleged requisite repairs and replacement work represent betterment.

ELEVENTH DEFENSE

74. Plaintiffs’ claims are barred by the economic loss doctrine.

TWELFTH DEFENSE

75. Plaintiffs’ claims are barred by their own actions or the actions of their agents

which prevented, hindered, delayed and/or obstructed Defendants’ performance.

THIRTEENTH DEFENSE

76. Plaintiffs’ claims are barred by the doctrine of mutual mistake.

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FOURTEENTH DEFENSE

77. Plaintiffs’ claims are barred, in whole or in part, by the doctrine of accord and

satisfaction and/or compromise and settlement.

FIFTEENTH DEFENSE

WHEREFORE, having fully answered, Defendants A. Perrino Construction, Inc. and Pat

Perrino pray that Plaintiffs’ Complaint be dismissed, with prejudice, at Plaintiffs’ cost.

Defendants further pray that they recover from Plaintiffs the costs and expenses they have

incurred in defending the Complaint, including reasonable attorneys’ fees, and such other relief

which this Court deems just and equitable.

COUNTERCLAIM & NEW-PARTY COMPLAINT

For its Counterclaim against Plaintiffs Paul Neel (“P. Neel”) and Stephanie Neel (“S.

Neel”) (collectively, the “Neels”) and New-Party Complaint against New-Party Defendant Daniel

J. Myers (“Myers”), Defendants/Counterclaimants/New-Party Plaintiffs A. Perrino Construction,

Inc. (“Perrino Construction”) and Pat Perrino (“Perrino”), by and through their undersigned

counsel, without waiving Perrino Construction’s right to insist upon mandatory and binding

arbitration as set forth in applicable construction agreement, state as follows:

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PARTIES. JURISDICTION, AND VENUE

1. Perrino and Perrino Construction restate herein each and every response set forth

in their Combined Answer above as though the same were rewritten herein at length.

2. Perrino is and was, at all times relevant hereto, an individual residing within Lake

County, Ohio.

3. Perrino Construction is and was, at all times relevant hereto, an Ohio corporation

with a principal place of business located within Cuyahoga County, Ohio.

4. The Neels are and were, at all times relevant hereto, individuals residing within

Summit County, Ohio and/or Medina County, Ohio.

5. Myers is and was, at all times relevant hereto, an individual residing within

Cuyahoga County, Ohio.

6. Jurisdiction and venue are proper before this Court pursuant to Rules 20(A) and

3(B) of the Ohio Rules of Civil Procedure.

FACTS COMMON TO ALL COUNTS

7. Perrino Construction entered into a certain Constmction Agreement with the Neels

on or about April 4, 2014 for Perrino Construction to construct an agreed upon residence located at

223 Wakefield Run, Hinckley, Ohio (the “Project”) in exchange for payment in the amount of

$364,900.00 (the “Contract”). A true and accurate copy of the Contract is attached hereto as

Exhibit 1 and incorporated herein by reference.

8. During the course of the Project, the Neels were apparently having some

difficulties with their marriage, as P. Neel directed Perrino Construction on at least one occasion

to cease work on the Project and attempted to cancel the Contract because P. Neel and S. Neel

were filing for divorce.

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9. P. Neel was also unnecessarily disruptive and adversarial throughout the Project

and after, as if his intent was to manufacture a dispute with Perrino Construction.

10. As an example, P. Neel demanded copies of Perrino Construction’s cost sheets on

the Project, and when Perrino Construction complied with his request, he would argue and debate

each cost with Perrino Construction despite the fact that the Contract was for a fixed sum and

Perrino Construction’s costs would not alter the amount the Neels agreed to pay.

11. Further, in response to any question regarding the square footage calculations of

the new home, Perrino Construction would fully explain to the Neels that their home’s square

footage would be calculated according to industry standards and in harmony with the square

footage formula used by the subdivision and the subdivision’s original developer.

12. The Project’s plans and specifications were approved by the subdivision.

13. Despite this adversity, Perrino Construction timely completed the Project and fully

performed all its obligations under the Contract.

14. Perrino Construction performed its services on the Project in a professional and

workmanlike manner.

15. P. Neel, however, was never satisfied, and would complain about and demand

remediation of Project work that was free of defect and performed according to specification.

16. P. Neel was clearly looking to receive more than what he paid for, and to a certain

extent, Perrino Construction relented by entering and performing under an accord and satisfaction

in regards to Project’s flooring that would provide the Neels with a flooring upgrade in the agreed

upon area of their home free of additional cost.

17. P. Neel, however, was still not satisfied and demanded additional work.

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18. To make matters worse, despite full performance and additional services by

Perrino Construction, the Neels have failed and/or refused to pay Perrino Construction

anoutstanding balance of approximately $3,000.00 due and owed under the Contract.

19. At some point thereafter, the Neels engaged Myers to serve as their attorney and

agent in regards to the present matter.

20. Upon information and belief, Myers, on his own and as agent for the Neels,

published an internet blog on August 22, 2016 (the “Internet Blog”) in which he made false,

defamatory, and disparaging statements about Perrino and Perrino Construction specifically to

cause harm to Perrino and Perrino Construction’s reputation and contractual and business

relationships and for his and the Neels’ own pecuniary gain. A true and accurate copy of the

Internet Blog is attached hereto as Kxliibit 2 and incorporated herein by reference.


utilized this Internet Blog to not only falsely represent that Perrino and Perrino Construction

defrauded the Neels, but also to falsely suggest that Perrino and Perrino Construction have a

“pattern and practice” of knowingly and intentionally defrauding their customers through

inaccurate square footage measurements and disparage Perrino and Perrino Construction’s

business, goods and services through these false representations of fact.

22. Upon information and belief, the Neels and Myers knew Perrino and Perrino

Construction had contractual and business relationships with other customers, and acted

specifically to interfere with those relations by publishing the above mentioned false

representations concerning Perrino and Perrino Construction’s work and services to these

customers. The Neels and Myers acted without justification or privilege.

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23. Upon information and belief, the Neels and Myers knew that their actions would

interfere with Perrino and Perrino Construction’s contractual and business relations with their

customers and acted with the intent to interfere with those relations.

24. Upon information and belief, the Neels and Myers acted with the intent to ruin

Perrino and Perrino Construction’s name and reputation and extort settlement funds from them.

25. Perrino and Perrino Construction now files this Counterclaim and New-Party

Complaint to address these various legal wrongs and recover the monetary damages and

declaratory and injunctive relief owed to them.

COUNT ONE

(Breach of Contract by Perrino Construction against the Neels)

26. Perrino Construction realleges and incorporates by reference the allegations

contained in all of the preceding paragraphs of this Counterclaim and New-Party Complaint as

though fully rewritten herein.

27. Perrino Construction fully performed its obligations under the Contract.

28. All conditions precedent to Perrino Construction’s right to payment under the

Contract have been performed or have occurred.

29. Despite Perrino Construction’s demand for payment, the Neels have failed and/or

refused to timely and fully pay the amounts due and owing to Perrino Construction under the

Contract. The Neels’ failure and refusal to timely and fully pay the amounts due and owed

constitutes a breach of the Contract.

30. As a direct and proximate result of the Neel’s breach, Perrino Construction has

incurred and therefore is entitled to damages in an amount exceeding $3,000.00, together with

prejudgment interest, post-judgment interest, and costs to be proven at trial, and to be excused

from any further performance under the Contract.

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COUNT TWO

(Declaratory Judgment by Perrino Construction against the Neels)

31. Perrino Construction realleges and incorporates by reference the allegations

contained in all of the preceding paragraphs of this Counterclaim and New-Party Complaint as

though fully rewritten herein.

32. There exists a dispute between Perrino Construction and the Neels regarding each

other’s rights, obligations, and remedies under the Contract.

33. Perrino Construction is entitled to a declaration of its rights under the Contract,

including its rights and remedies relating to the Neels’ material breaches and defaults.

34. Specifically, Perrino Construction is entitled to a declaration as to the Project’s

accounting; that an accord and satisfaction was entered into among the parties as to the Project’s

flooring; that the Project is, otherwise, closed out; and that, as a result of the Neels’ material

breaches and defaults, Perrino Construction owes no further obligations to the Neels under the

Contract.

COUNT THREE

(Defamation against the Neels and Myers)

35. Perrino and Perrino Construction reallege and incorporate by reference the

allegations contained in all of the preceding paragraphs of this Counterclaim and New-Party

Complaint as though fully rewritten herein.


intentionally made false and defamatory statements to third parties about Perrino and Perrino

Construction’s products, services, and performance, without privilege or justification.

37. These statements were both defamatory per se and caused special harm to Perrino

and Perrino Construction, including but not limited to the attorneys’ fees and other costs Perrino

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and Perrino Construction has incurred and will incur to prove that these statements were false and

defamatory.

38. Myers and his principals, the Neels are liable to Perrino and Perrino Construction

for the actual costs incurred and for the damage to Perrino and Perrino Construction’s reputation,

as a result of the defamation in an amount exceeding $25,000.00, as shall be specifically proven at

trial.

COUNT FOUR

(Application for Preliminary and Permanent Injunction against the Neels and Myers)




40. Myers, on his own and as agent for the Neels, made false representations to third

parties that disparaged the goods, services, and business of Perrino and Perrino Construction.

41. Perrino and Perrino Construction is, accordingly, entitled to preliminary and

permanent injunctive relief requiring Myers to immediately remove the Internet Blog from the

internet and prohibiting Myers and the Neels from further publication of any commentary on the

goods, services, and business of Perrino and Perrino Construction.

42. A preliminary injunction is appropriate because Perrino and Perrino Construction

intend to conduct business over the next several weeks and months and Myers and the Neels’

continued actions and false representations of fact may deny Perrino and Perrino Construction the

opportunity to contract for work with new customers. The harm is irreparable because the

damage will either be unknown to Perrino and Perrino Construction or Perrino and Perrino

Construction will not be able to recover the lost profits from these potential contracts as they are

prohibited under Ohio law. No third parties will be unjustifiably harmed by the injunction, and

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the public interest will be served by preventing Myers and the Neels from spreading further false

propaganda in the marketplace.

COUNT FIVE

(Tortious Interference with Contract against the Neels and Myers)




44. Contracts exist between Perrino and/or Perrino Construction and other customers

of which Myers and the Neels were aware.

45. Upon information and belief, Myers, on his own and as agent for the Neels, acted

with the intent to interfere with the contracts between Perrino and/or Perrino Construction and

these third-party customers when Myers published false, defamatory, and disparaging statements

about Perrino and Perrino Construction, without justification or privilege.

46. As a direct and proximate result of Myers’ and the Neels’ tortious interference

with these contracts, Perrino and Perrino Construction have incurred and continue to incur

damages in an amount exceeding $25,000.00, as shall be specifically proven at trial.

COUNT SIX

(Tortious Interference with Business Relation against the Neels and Myers)




48. Business relationships exist between Perrino and/or Perrino Construction and other

customers of which Myers and the Neels were aware.

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49. Upon information and belief, Myers, on his own and as agent for the Neels, acted

with the intent to interfere with the business relationships between Perrino and/or Perrino

Construction and these third party customers when Myers published false, defamatory, and

disparaging statements about Perrino and Perrino Construction, without justification or privilege.

34. As a direct and proximate result of Myers’ and the Neels’ tortious interference

with these business relationships, Perrino and Perrino Construction have incurred and continue to

incur damages in an amount exceeding $25,000.00, as shall be specifically proven at trial.

WHEREFORE, Defendants/Counterclaimants/New-Party Plaintiffs A. Perrino

Construction, Inc. and Pat Perrino demand judgment against Plaintiff/Counterclaim Defendants

Paul Neel and Stephanie Neel and New-Party Defendant Daniel J. Myers as follows:

A. On Count One, judgment in favor of Perrino Construction and against the Neels

for breach of contract in an amount in excess of $3,000.00, together with prejudgment interest,

post-judgment interest, and costs, as shall be specifically proven at trial;

B. On Count Two, judgment in favor of Perrino Construction and against the Neels

setting forth a declaration as to the Project’s accounting; that an accord and satisfaction was

entered into among the parties as to the Project’s flooring; that the Project is, otherwise, closed

out; and that, as a result of the Neels’ material breaches and defaults, Perrino Construction owes

no further obligations to the Neels under the Contract;

C. On Count Three, judgment in favor of Perrino and Perrino Construction and

against the Neels and Myers for defamation in an amount in excess of $25,000.00, together with

prejudgment interest, post-judgment interest, and costs, as shall be specifically proven at trial;

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D. On Count Four, judgment in favor of Perrino and Perrino Construction and against

the Neels and Myers for a permanent injunction ordering Myers to immediately remove the

Internet Blog from the internet and prohibiting Myers and the Neels from further publication of

any commentary on the goods, services, and business of Perrino and Perrino Construction;

E. On Count Five, judgment in favor of Perrino and Perrino Construction and against

the Neels and Myers for tortious interference with contract in an amount in excess of $25,000.00,

together with prejudgment interest, post-judgment interest, and costs, as shall be specifically

proven at trial;

F. On Count Six, judgment in favor of Perrino and Perrino Construction and against

the Neels and Myers for tortious interference with business relations in an amount in excess of

$25,000.00, together with prejudgment interest, post-judgment interest, and costs, as shall be

specifically proven at trial;

E. Perrino and Perrino Construction request all further and other relief to which they

are entitled, in law or equity, as this Court deems just and reasonable.

Respectfully submitted,

/s/ Alan B. Dailide_ _ _ _ _ _

Andrew J. Natale (0042110)

anatale @frantzward. com

Alan B. Dailide (0088014)

adailide @frantzward. com

FRANTZ WARD LLP

200 Public Square, Suite 3000


Phone: (216)515-1660

Fax: (216)515-1650

Attorneys for Defendants

A. Perrino Construction, Inc.

and Pat Perrino

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JURY DEMAND

Defendants A. Perrino Construction, Inc. and Pat Perrino demand a trial by jury of all

issues in this action so triable.

/s/ Alan B. Dailide_ _ _ _ _ _ _ _ _ _ _

One of the Attorneys for Defendants

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on September 19, 2016, a copy of the foregoing

Combined Answer, Counterclaim, and New-Party Complaint was filed electronically. Notice of

this filing will be sent to all parties by operation of the Court’s electronic filing system. Parties

may access this filing through the Court’s system.

The undersigned further certifies that a true and correct copy of the foregoing Combined

Answer, Counterclaim, and New-Party Complaint was served pursuant to Instructions for Service

filed with the Court on September 19, 2016, upon the following parties at the addresses listed below:

Daniel J. Myers,

600 East Granger Road, Second Floor


/s/ Alan B. Dailide_ _ _ _ _ _ _ _ _ _ _

One of the Attorneys for Defendants

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1

IMF/5094

CONSTRUCTION AGREEMENT

THIS AGREEMENT is entered into as of this 4th _day _ _ _ _ _ _ _ _ _ _ _ _ , 2014 by

and between A. PERRINO CONSTRUCTION, INC., an Ohio corporation (hereinafter referred to as

"CONTRACTOR") whose address is 6163 Mayfield Rd Mayfield Hts., Ohio, 44124 and

Paul and Stephanie Neel_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '_ _ _ _ (hereinafter referred to as

"OWNER") whose mailing address is 742 Spafford Oval Sagamore Hills, OH 44223_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The Owner has acquired or will acquire the real property known as (sl 41) 223 Wakefield Run Hinckley, oh

.(hereinafter referred to as the “Premises”), and is desirous of

having a single family residence erected thereon.

1. The Contractor herein agrees to build and erect in good and workmanlike manner,

furnishing all labor and materials therefore, and to complete said dwelling and erection prior to ( a )

months after filing of Owner's construction loan, issuance of the building permit and the actual pouring of

the foundation footers for the residence. The Contractor herein agrees to erect a .4 bedroom,

J]_ _ _ _ full baths and J_ _ _ _ half bath (colonial, split level, ranch,), with J3_ _ car attached garage,

on the property owned by the Owner and known as (sl 41) 223 Wakefield Run Hinckley, oh_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ . The Contractor further agrees to erect said dwelling in accordance with the final

approved plans by the parties hereto and the City of Hinckiay. Ohio_ _ _ _ _ _ , which final approved plans

shall be Exhibit “A”, and specifications (Exhibit “B”), as approved by the parties hereto, which are

attached and made a part hereof, as fully rewritten herein and in accordance with all building regulations

of the municipality, township and county wherein the property is located.

2.

Charier One

It is agreed to by and between the Owner and the Contractor that (bank)

(hereinafter referred as "construction lender") will be

the escrow agent for the disbursement of any funds due and payable in this Agreement. It is further

agreed to by the parties to this Agreement that the escrow agent shall disburse funds to the Contractor in

their usual and customary form based upon their inspection of the Premises and the percentage of

completion determined by said inspection. The Contractor shall request draws from Owner's construction

lender, and upon their inspection of the Premises shall issue the Contractor percentage draws which will

conform to Owner's construction lender's rules and regulations concerning construction loan draws in the

amount as indicated on said draws as agreed to by Owner and Contractor. Owner shall deposit

$ $ 36,490.00 with Contractor upon Owner’s approval of the final plans and execution of this

Agreement as earnest money which amount shall apply toward the Contract Price of fife 354.900.00_ _ _ _ )

leaving the balance to be disbursed by Owner's construction lender in the sum of f$ $327.510.00_ _ _ _ ).

Contractor agrees not to increase the Contract Price set forth herinabove so long as construction of the

dwelling shall begin within two months of this contract date. In the event construction shall not proceed

within two months of this contract date, and Contractor shall not be in default of performance of this

Agreement, the f$ $36.490.00_ _ _ _ _ } deposit shall be non-refundable. The previously deposited earnest

money shall be refundable to Owner in the event Owner shall not obtain a construction loan as provided

hereinafter, less any costs and expenses incurred by Contractor for architectural and engineering plans,

development of specifications which expenses and costs shall not exceed f$ s.ooo.oo_ _ _ _ _ _ _ _ ), which

amount has been previously paid by Owner to Contractor and is not and shall not be credited against the

Contract Price. The balance of funds to be distributed to Contractor from escrow agent shall be by direct

check or wire transfer to Contractor and disbursements shall be based upon Owner's construction lender's

normal disbursement schedule, or based upon the disbursement schedule hereinafter set forth.

Owner shall be responsible for earnest money deposit of $5,000.00 upon execution of this

contract. The remainding earnest money of £31,490.00 is due upon lender approval.

fOM\ I ^/


Owner and Contractor hereby agree that Contractor should be entitled to receive the balance of the

Contract Price as follows:

a. $ NA_ _ _ _ to paid to Contractor upon completion of the basement including back filling

and dwelling ready for deck and framing.

b. _ _ _ _ to be paid to Contractor when the dwelling is under roof with windows installed.

c. $ na_ _ _ _ to be paid to Contractor upon completion of rough mechanicals and the dwelling

is ready for insulation.

d. $ na_ _ _ _ to be paid to Contractor upon the completion of the hanging and taping of

drywall.

e. $ na_ _ _ _ to be paid to Contractor upon the delivery and installation of cabinets, vanities

and tops.

f. $ na_ _ _ _ to be paid to Contractor upon completion of interior staining and painting.

g. $ na to be paid to Contractor upon delivery and installation of finish plumbing

fixtures and finish electrical has been completed.

h. The balance of the Contract Price, $ NA_ _ _ _ _ _ _ _ _ to be adjusted for any extras,

change orders, credits and allowances to be paid to Contractor upon the issuance of a temporary or

permanent occupancy permit from the City of Hinckley, Ohio_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .

Owner agrees to place into the construction draw account, if necessary, an additional amount in

excess of the construction loan in Ofdacyô, provide that there shall be no less than

na_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ($ ff\) available for draws by Contractor.

This Agreement shall be contingent upon the Owner acquiring a construction loan from

charter one_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ or another reputable lending institution

within thirty (30) days of execution of this Agreement, and Owner and Contractor securing of the

necessary zoning permits, building permits, and any required variances from the City of

_ _ _ _ Hinckley, Ohio_ _ _ _ _ _ _ _ _ _ _ _ _ . Further, this transaction shall be contingent upon Owner

evidencing legal title in the name of Owner for (sl 41) 223 Wakefield Run Hinckley, oh_ _ _ _ _ _ within thirty

(30) days from execution of this Agreement. In the event that these contingencies are not removed in

writing within the period specified herein, this contract shall be null and void and Contractor shall return

to Owner all earnest money deposited, less costs and expenses as indicated hereinabove.

3. Owner agrees to secure a construction loan with Owner's construction lender and the

Owner shall be responsible for all expenses in connection with said construction loan and shall make all

of the interest payments and/or other charges on said construction loan requested by Owner's construction

lender in a timely manner and shall make evidence of said timely payments available to the Contractor

upon its request. All disbursements of construction funds shall be directed to the Contractor from

Owner's construction lender, as provided herein.


4. Contractor shall diligently work for the prompt completion of the dwelling and the same

shall be completely constructed and ready for occupancy within the time period specified hereinabove.

The Homeowner shall understand that A Perrino Construction is responsible for and will provide all

materials and labor. No homeowner-supplied material or labor will be allowed. All exterior materials will

be selected prior to application of building permit. Interior selections will be chosen prior to deadline

provided. Homeowner also understands there may not be trades/subcontractors on the jobsite each and

every day. Open days are accounted for in the construction schedule and idle dates will not affect the

final date of occupancy. To ensure quality, the completion date will not be shortened for any reason.

There will be bi-weekly meetings between A. Perrino Construction staff and homeowner at which time

information and concerns can be reviewed. In order for us to maintain our schedule, we cannot answer

daily emails/voicemails/texting. Homeowner should maintain a list of items to be addressed at the bi

weekly meeting. The Contractor shall not be liable for any delay in the prosecution or completion of the

work by the act, neglect or default of the Owner, unusual lot conditions, or by damage by fire, earthquake

or other casualty, or by strike, walkout, or delay caused by weather or any other acts of employees or by

suppliers of labor or materials over which the Contractor has no control or for which the Contractor is not

responsible; and Contractor is excused when nonperformance is caused by governmental control,

regulations, restrictions or allocations of labor, supplies and materials instituted by an federal, state or

municipal government agency. Contractor is to pay directly and promptly all invoices for labor, materials

and services submitted by suppliers or subcontractors as the work progresses, and shall obtain all

necessary mechanics lien waivers as required by Owner and the construction lender herein.

The Contractor agrees to give the Owner five (5) days written notice that the dwelling will be ready for

occupancy. Upon said written notice given to the Owner and the completion of the dwelling and the

issuance of an occupancy permit, the balance of the contract amount due to Contractor shall be paid prior

to the occupancy of the Premises by Owner.

5. The Contractor shall carry Workers' Compensations and liability insurance during

construction and the Owner shall carry fire and vandalism insurance on the Premises during construction

in the amount not less_ _ _ _ _ s 364.9oo.oo_ _ _ _ _ _ _ _ _ _ _ _ _ _ ($ ) and Contractor along

with Owner and Owner's construction lender shall be named as additional insured parties on said

insurance's.

Contractor shall fully comply with all applicable Mechanic's Liens laws in the State of Ohio.

6. Builder shall be responsible for obtaining all necessary zoning, building permits and tap-

in charges for improved lots and expenses associated with said permits. Owner shall pay for extraordinary

fees for zoning, building permits and tap-in charge and associated expenses for unimproved lots. Owner

shall pay for all utilities used during construction to include natural gas, electricity and propane.

7. It is agreed between the parties hereto that no extras exclusive of any allowances and/or

previously agreed to options shall be added to the house by the Contractor except upon written Agreement

of the parties and that payment therefore shall be made at the time the extras or charges are ordered by the

Owner. If any such changes are desired an administration fee of $150.00 will incur whether changes are

accepted or declined because of the time needed for research and pricing. When changes are requested

there will be a minimum of a two day delay in project due to research and pricing unless changes

are agreed upon 30 days in advance. Owner is responsible for $150.00 administrative fee for all change

requests regardless if change is accepted, declined or those that expire with or without owner action. If

change is accepted the $150.00 administrative design fee is due at time change order payment is due. If

change order is declined or expires payment of $150.00 administrative fee must be delivered to contractor

no later than 3 days after change was declined or expired. If payment of the $150.00 administrative fee is

not made according to terms above, project progress is placed immediately on hold until all outstanding

fees are settled. Owner acknowledges, understands and accepts the $150.00 administrative change

request fee. By initialing owner agrees to pay fees according to terms above_ _ _ _ _ _

8. The parties hereto agree that when the Contractor gives written notice to the Owner that

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the home is ready for occupancy, both parties shall sign an occupancy letter stating that the home has

been substantially completed except for the following items. Said items shall be listed but shall in no way

disturb a one (1) year limited warranty provided by Contractor and known as the Limited Home Warranty

Agreement (the "Limited Warranty Agreement") of the Home Builders Association (HBA), which shall

be executed by Contractor and Owner at closing. The Limited Warranty Agreement shall be governed by

the "Construction Standards" set forth in the Registered Builder Construction Standards & Maintenance

Guide & Limited Home Warranty Agreement (the Builders Guide), which Owner hereby acknowledges

receipt of and which is incorporated herein by reference. For a period of one (1) year beginning on the

date of occupancy, Contractor warrants that the home will be free from defects due to non-compliance

with the "Construction Standards" as set forth in the Building Guide. Contractor shall also assign to

Owner any warranties from any subcontractor or material man to the extent such warranties extend

beyond the one (1) year warranty term set forth in the Warrant)' Agreement. The Contractor shall

promptly make any repairs, replacement, and do anything necessary to fulfill its obligations to the Owner

under this one (1) year Limited Warranty which shall begin as of the date of occupancy and shall continue

for twelve (12) continuous months thereafter. The warranty shall be extended as to those items which

carry an additional time and defect guarantee from manufacturers. Contractor warrants that all material is

guaranteed to be as specified in the plans and specifications described herein and is of new quality. All

work is to be completed in a workmanlike manner according to standard construction practices.

Contractor will return only one (1) time for drywall and touch-up painting repairs which will be at the end

of the one (1) year warranty period.

9. Non-Warranted items:

Concrete may be subject to pitting, peeling, cracking, spawling, and/or scaling, or discoloring, the

durability of concrete is not warranted including but not limited to any occurrence of pitting, peeling,

cracking, spawling and/or scaling, or discoloring.

Wolmanized wood decks may be subject to shrinkage, cracking, or warping, and is not warranted

to the durability of the wolmanized wood including but not limited to any occurrence of shrinkage,

cracking, or warping.

Drywall is not warranted against settlement cracking, nail popping or seams that may appear

during the drying out process of the house; however, Contractor will return to repair any damage and will

touch up paint. It is understood that the touch up paint may vary somewhat in color.

Tile grouting is not warranted against minor hair-line cracking due to shrinkage of material or the

discoloring of the grout.

Any stone floor or wall made from granite, travertine, slate, marble etc. tiles have no guarantee

for grout line consistency, thickness or tile surface levelness from tile to tile b/c of the nature of natural

stone materials

Hardwood flooring is not warranted against shrinkage, warping, and/or separating of planks.

The parties hereto acknowledge that all materials and fixtures are to be selected at the Perrino

design and selection center. Exceptions to this provision must be agreed upon in writing by builder.

Owner accepts that if an exception is agreed upon by builder, all items provided by owner are not covered

under any warranty for material, installation or workmanship. Due to quality control and scheduling, no

outside sub-contractors are permitted on jobsite unless agreed upon by owner and builder in writing.

10. In the event that weather conditions are such that the structure is substantially completed,

except items such as exterior concrete, driveways, exterior paint, final rough grading and any other items

which need to be completed, the parties agree that upon Contractor and Owner signing an occupancy

letter, Contractor will then be paid in full, except that Owner's Construction Lender shall inspect the

Premises and note unfinished items to be completed and the Lender shall be authorized by both parties to

i.rI


withhold an estimated completion amount for each items of unfinished work from the Contractor in order

to insure that funds shall be available to complete all unfinished items which are the responsibility of

Contractor and said items are to be completed within a reasonable time. As each unfinished item is

completed, Owner's construction lender shall inspect the Premises and shall disburse accordingly for said

finished item or items until the construction account is closed out, thereby paying Contractor in full.

Owner's lender shall not withhold any funds due Contractor for items of work which are not part of this

Agreement or specifications attached hereto.

11. In the event that additional expense is incurred due to unusual sublot conditions such as

rock; high water table; yard drains, unstable soil; additional amounts of sand, gravel or dirt required to

removed or brought in; or additional foundation concrete, block or block and masonty, etc.; Owner agrees

to reimburse Contractor for its costs for all said expenses over and above the Contract Price set forth

hereinabove, provided Contractor shall have received prior written approval for said additional expenses

from Owner. Owner acknowledges that there may be certain physical conditions of the real property

which may require additional cost to be expended during construction, which conditions may increase the

Contract Price. Owner shall approve in writing all reasonable additional expenses which may be incurred

by Contractor for the installation of the footers, yard drains, removal of or additional fill material, block

and masonry materials, and additional excavation charges due to unusual sublot conditions.

The Contract Price contained herein is based upon Owner's representation to Contractor that the real

property described hereinabove is a completely improved lot and all utilities are in; paid for, and available

to the property line. Owner shall be responsible over and above the Contract Price for any deposits

required by the developer of the Subdivision for maintenance of the streets and right-of-ways until such

time as the residence has been completed. Contractor shall be responsible for the cost of obtaining all

permits, tap in charges and connection fees so long as same are included in the Contract Price.

12. Notice and right to cure:

OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW

BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS

FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO

CONSTRUCTED YOU HOME. AT LEAST SIXTY (60) DAYS BEFORE YOU FILE A

LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE

CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE

DEFECTIVE. UNDER CHAPTER 1312 OF THE OHIO REVISED CODE, THE CONTRACTOR

HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE

NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR MAKES. THERE ARE

STRICT DEADLINES AND PROCEDURES UNDER STATE LAW AND FAILURE TO

FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR COMMENCE

ARBITRATION PROCEEDINGS.

13. Aside from warranty claims that shall be processed in accordance with the Limited

Warranty procedure described in paragraph 8 above, should any dispute arise between the parties with

respect to the completion of any stage of construction, the completion of the entire construction, or any

other matter involved in the construction, disbursement of funds, amounts due and payable, said dispute

shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the

American Arbitration Association. The cost of the Arbitration shall be paid by the parties in equal shares.

Further, the Contractor and Owner do hereby agree to abide by the decision of the American Arbitration

Association and the judgment of the American Arbitration Association shall be final and not be

appealable. The parties further agree and consent to the application of the Ohio Rules of Civil Procedure

to govern the scope and extent of discovery in preparation for such arbitration. Contractor and Owner

hereby acknowledge that by agreeing to binding arbitration, they are waiving their right to a trial by jury.

5

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>

14. The parties hereto agree that neither party to this Agreement was represented by a real

estate agent or broker and no real estate commission shall be due herein.

15. This instrument consists of the entire Agreement of the parties hereto and shall not be

altered, charged or modified, except by a writing signed by all of the parties hereto.

16. This Agreement has been executed and delivered in the State of Ohio and shall be

governed and construed in accordance with the laws of that state.

17. Any and all notices required under this Agreement shall be sent as follows:

a. Contractor: A. PERRINO CONSTRUCTION, INC.

6163 Mayfield Road

Mayfield Hts., Ohio 44124

b. Owner: Paul Neel

Stephanie Neel

742 Spafford Oval

Sagamore Hills, OH 44223

18. This Agreement may be executed in multiple copies and each such copy shall be. deemed

to be an original.

IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first

above written.

WITNESS:

Perrino Homes Representative (print)


If)

PERRINO PLATINUM FEATURE SHEET

FEA TURE SHEET FOR PERRINO BUILDERS

Addendum A

RESIDENTIAL LOT

• Professionally engineered plans for proper home and lot setting

• Final grade after home has been completed

• Custom Mailbox and Post

• Driveway , walkway and sidewalks, $3500.00 allowance

• permits and tap in fees, calculated per lot

• Dirt removal and hauling, $2500.00 allowance

FOUNDATION

i

• All blueprints are stamped by structural engineer and consist of steel I-beams, steel posts,

Fitch plates and microlam beams where indicated on drawings

• 13 course block basement, parged( a concrete layer between cement block and

membrane) with Limited Lifetime warranty Delta membrane waterproofing system with

exterior drain tile and gravel

• Steel beam construction

• Basement concrete floor (4” thick, vapor barrier and 4” gravel) with floor drain

• Garage concrete floor (4” thick over wire mesh and compacted base) with floor drain

EXTERIOR FACE

• 5” Aluminum gutters and 3” downspouts with splash blocks or tied to city sewers where

applicable

• Vinyl siding front, right, left and rear elevations per plan

• Decorative window Fypons with head trim on front elevation, where applicable.

• Front reverse gables with vinyl siding shake per plan

• 500 sf. allowance of Cultured Stone

FRAMING

• Framing to blueprint and per city and state code.

• Va” sub floors, glued and screwed to help decrease floor squeaks

• Foam sill sealer between foundation block and base plate to attach framed wall to.

ROOFING

• Roof sheeting covered #30 felt paper for added protection.

• Three feet of rubberized Ice and Water Shield on all roof edges, any valley and drip

edges or side of dormers where roof meets.

• Class A fiberglass/asphalt dimensional roof shingles (Certainteed Landmark Lifetime

warranty)

• Continuous ridge vents for proper airflow to protect roof from moisture

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WINDOWS AND DOORS

• Pella, vinyl, single hung, Low E2, insulated (meets energy star) windows with screens on

all operable windows and inner grills on front elevation only.

• Two vented glass block basement windows

• Wayne Dalton insulated, raised panel steel garage doors with Lift Master 'A horse power,

quiet belt openers with exterior keypad.

• Dead bolts on all entry doors including entry door from garage to home

• Yale lever handle lock sets with lifetime warranty

• Pella Solid Panel fiberglass smooth or wood grained front entry door, with full glass side

lights, per plan.

FIREPLACES

• (1) Majestic fireplace 42” vent less

• Gas log lighter with remote

• 6’ mantle comes in two styles, Traditional or Contemporary, painted or stained with

raised or flush hearth with your choice of our standard cultured stone face to mantle.

ENERGY FEATURES

• 95 Plus, high efficiency, gas forced air heating.

• 50 gallon, power vent hot water heater

• 13 Seer central air conditioning set on fiberglass base for stability

• R-38 Blown Fiberglass insulation in all accessible ceiling areas

• R-38 Kraft faced batted fiberglass in all inaccessible ceiling areas

• R-13 batted fiberglass in 2"x 4" walls

• R-l 9 batted fiberglass in 2"x 6" walls

• R-l 9 un-faced fiberglass in all plate rim banned areas

• Install ventilation baffles in every eve and collar

• All Windows and doors sealed with sprayed foam insulation

• Whole house wrap and tape, including all peaks and gables

• Spray foam all plumbing and electrical runs on exterior walls on all exterior walls,

ELECTRICAL

• 200 AMP service

• 10 Recessed 6” can lights per plan

• Lever Light switches and outlets to code

• 220 Electric line for dryer and Kitchen stove(or choice of gas)

• GF1 protected outlets in bathrooms, kitchen, and garage.

• 2 Exterior GFI outlets with covers (one front & one rear)

• All bedrooms pre-wired for center ceiling fan and/or mounted light fixtures,

• Prewired for (3) RG-6 television/satellite high speed cable outlets

• Prewired for (2) CAT-5 telephone outlets

• Hard Wired smoke/C02 detectors on all levels of home including basement as dictated

by local building code

2


• Exhaust fans in all bathrooms vented to outside, unless bathroom has separate water

closet. Water closet will contain Exhaust fan/light combination and main bath area will

contain light only.

PLUMBING

• Aqua PEX plumbing system

• Mansfield elongated white water closet standard height

• Lasco one piece fiberglass tub and shower units in all bathrooms without door i

• Custom tile shower with pan and oversized tile with recessed soap nitch or 2 marble

shelves and tiled shower seat. Clear glass shower door and panels. Designs vary per plan,

Builder Platinum Select Series

• White under mount china bowl sinks in all baths

• Moen Eva chrome faucets, 8” spread in master and powder room and 4” spread in all

other baths. I

• Moen chrome custom shower rain head with massaging shower and hand held sprayer

included in all baths

• Stainless under mount double bowl sink w/ Moen Camerist Pull-Out Faucet in kitchen.

Builder Platinum Select Series

• Kitchen garbage disposal, Badger 5 insinkerator

• Water line to refrigerator .

• Laundry room plumbed for sink

• Gas line to range( or choice of electric see detail under electric)

• Shut-off valves for all fixtures, located under fixtures K

• Schedule 40 drain pipe for waste and ventilation & 1” water line from street to home

• Cold and hot water frost proof bibs in garage

• Front and rear frost proof hose bibs exterior of home ^

• Sewer drains in garage and basement

iDRYWALL I

• 1/2” Dry wall through - out

• 5/8” Fire rated drywall in garage

• Green Board behind all moisture prone areas in bathrooms and laundry room {

• All ceilings unpainted knockdown textured \

• Interior garage walls rolled and textured, unpainted j

• All Walk in Closets smooth and roll painted to match wall color of bedroom

• Standard hall and bedroom closets rolled and textured, unpainted

APPLIANCES

• Bosch Appliance Package

• 36” Side by Side stainless steel Refrigerator

• 30” Stainless steel Microwave, mounted over range I

• 30” Stainless steel, Gas Freestanding Range

• 24” Stainless steel dishwasher >

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INTERIOR TRIM AND DOORS

• Six - panel solid masonite doors throughout

• MDF oversized 3 1 /2” door casing tliroughout home I

• Window casings first floor living areas only, bedroom and study are drywall return :

• Oversized MDF 5 14 Base molding painted, first floor |

• Oversized MDF 5 14 Base molding painted, second floor

• 7 14” MDF dining room or equal tray ceiling with crown molding, painted same color as

trim.

• 7 14 MDF crown in first floor powder room, painted same as trim color.

• Arched drywall door openings, per plan first floor only

• White laminate shelves in pantry !

• White laminate upper shelf with rod in all secondaiy closets. 1,

• Master bedroom closet, white laminate upper shelf with rod and two banks of drawer

with a total of 8 drawers

FLOORING

• Carpet by Mohawk or Shaw with premium 8# pad on stairs, all bedrooms, upstairs

hallways, and study/den, Builder Platinum Select Series

• Oversized Dal-Tile ceramic tile all bathrooms and Laundry area with rock board, Builder i

Platinum Select Series

» Laminate wood simulated flooring for foyer, kitchen, dinette, dining room, family room

and rear hallway to garage, Builder Platinum Select Series

CABINETS/COUNTERTOPS

• 36” Maple stained wall cabinets with crown molding.

• Base cabinets with soft closed doors and full extension dovetail, soft close drawers.

• Granite countertops through out kitchen and baths.

• Raised, adult height bathroom vanity with doors in all bathrooms

• Powder room has furniture style vanity with black granite or marble countertop, Builders

Platinum Select Series

• Laundry room tub with cabinet and Formica countertops

• Tile Backsplash in kitchen above all countertops, Builders Platinum Select Series ''

JPAINT/STAIN 11

a Sherwin Williams flat paint throughout home with the choice of three colors

• Trim paint Satin finish, choice of color

• Exterior door painted in choice of color 1

LIGHTING AND MIRRORS

• See attached lighting package

• Lighting comes in choice of Satin Nickel and Oil Rubbed Bronze I,

• Flush mount on front porch with oil bronze finish I

• Out door flood lights for Garage entry door and back slider [

• Flush mount ceiling lights for bedroom and hallways in choice of Nickel or oil bronze i

• 5 light chandelier in dining room

• Single light kitchen pendant over sink

4


• Light over dinette area

• 2 story foyer chandelier or single light for 9 ft. foyer

• 3 light vanity in all baths

• Flat wall mirrors to light fixture in all baths

• Powder room option change to free hanging mirror from furniture show room

i

STAIRS• Poplar wood stairs and risers carpeted with wrought iron spindles and wood stained |

handrail on stairs.

• Basement stairs painted poplar grade wood. Basement steps painted.

• Oversized newel post where applicable, size determined by builder.

CLEANING

• Dumpster on site

• Job site to be cleaned after each trade is completed with their portion of the work

• Final cleaning entire home including all windows

Private login to project management system Builder Trend

WARRANTY

• One year HBA warranty

• All factory warranties transfer to homeowner

Total Base Price of Normandy II Floor Plan $321,000

Options from Addendum C Total Cost $43,900

Total of Base Price and Options $364,900

5


»

LIGHTING PACKAGE

• Outdoor flood lights for garage and back of house

• Front door flush mount 14” Wide, 8.94” High 2 Medium, 60 Watt Hammered Clear

Glass Oiled Bronze Finish

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• Flush mount brushed nickel or oiled bronze

• 2-60watt 13” BN,OB W alabaster swirl

• 3-60watt 15” BN,OB W alabaster swirl

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* Upstairs bedrooms

• 52” with light with 12” downrod

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• Master Bedroom

• Fan Finish: Antique Bronze

• Blade Finish: Teak/Walnut

• With 18” down rod


4/11/2014

Options and Upgrades (Addendum C)

Prepaper For Paul & Stephanie Neel Property SL41Hinkley

Description of Option

Additional allowance to clear trees on lot $

Additional allowance for 4" thick concrete driveway $

Allowance for hook up to utilies labor and material $

Upgrade front elevation to fiber cement siding painted includes labor and

material

Allowance for rear patio includes labor and material $

Add drywall beamed ceiling painted in Sherwin-Williams semi-gloss paint to be

same color as trim includes labor and material

Upgrade to 3-Car garage $

Front porch to have truss beam detail above entry made in cedar and stained .

includes labor and material

Add (6) Pella Vinyl single-hung windows in den $

Add wrought iron to balcony overlooking family room w/ 5' opening on

staircase overlooking family room labor and material included

Delete (1) wall in next to master shower and install glass panel

Add linen closet to master bath labor and material

Delete master tub and increase shower width 1' credit labor and material

Delete shower from powder room credit

Total Cost

$

$

$

$

Total

2,500.00

2.500.00

1.500.00

7.500.00

3,000.00

5.500.00

11,000.00

3,000.00

4.500.00

3.200.00

Inc

1.500.00

(800.00)

(1,000.00)

43,900.00

*All materials, fixtures, hardware, mechanicals and all other products included in this proposal are Perrino

Platinum Series Products, unless otherwise specifically noted above

Addendum C


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MYERSLaw

Ohio Consumer Law Blog Information on Ohio's Consumer Laws from Attorney

Daniel Myers, Myers Law, LLC (ADVERT1SMENT ONLY)

Northeast Ohio Family Claims Perrino Builders and

Greenwalt Architects Defrauded Them with

About Daniel Myers False Measurements

Areas of Practice r t ’> > i- O 3 Votes

information

This entry was posted on

August 22. 2016 by

Daniel Myers in By Daniel

Myers, Consumer Law,

Ohio, Uncategonzed

Contact Myers Law

Learn About Ohio's

Consumer Laws from

Attorney Daniel j. Myers

By Daniel Mjêrs

There is an old adage in construction—measure twice; cut once. One Medina County

family claims that their contractor misled them about the measurement, and cut

comers, on their dream home. They filed a lawsuit against devdand-area contractor

Perrino Builders and their architect, Greenwalt Architects, alleging that, in addition to

failing to honor promises, Perrino and Greenwalt conspired to defraud the family by

making them pay for square footage that turned out not to east, The lawsuit also alleges

that Perrino Builders violated Ohio's consumer protection law governing new home

construction.

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The lawsuit, Paul Ned, et al. v. A Perrino Construction, Inc., et a!., Case Number CV-

16-867716, filed in the Cuyahoga County Court of Common Pleas, alleges that despite

repeated concerns expressed by the family, and opportunities for Perrino and Greenwalt

to address the various problems with the project, Perrino Builders, Greenwalt

Architects, Pat Perrino, and Christopher Greenwalt continually misrepresented the

square footage of the home they were budding for the Medina County family by nearly

400 square feet.

According to the complaint, Defendants A Perrino Construction, Inc., Pat Perrino,

Greenwalt Architects, Inc., and Christopher Greenwalt, all work together in constructing

new and custom homes in Cleveland and surrounding areas. They are accused of making

intentionally false statements to their customers about square footage in a home they

were building, where they promised their customers at least 3,000 square feet, but then

built a home that was only 2,620 square feet at most According to the Medina County

Building Department records and Summit County Fiscal Office tax records, Perrino and

Greenwalt actually built the smaller square footage home,

“When you are paying hundreds of thousands of dollars for your dream home, a home

for your family, you have the expectation and the right to know the truth what you are

buying,11 said Daniel Myers, one of the attorneys for the family. “The square footage of

this home was especially important bemuse the deed only allowed the family to build a

home on this land if it met certain minimum square foot measurements,11

The lawsuit alleges that the fa mil;/ was required to lave at least 2,800 square feet in

their home, but were provided with less than that minimum requirement, and far less

than the promised amount The Plaintiffs claim in their complaint to have email and

voicemail evidence from Perrino and Greenwalt of the promised 3,000-3,050 square

foot amount.

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'"There is a national standard that is supposed to lie used to avoid this exact problem,” Myers Law, LLC

said Myers. The American National Standards Institute (ANSI) publishes a national Caogie -*■ Profile

standard far contractors, realtors, appraisers, and everyone else involved in real estate

to use when calculating and reporting square footage of a home. This standard,

originally published in 2003 by a committee led by the National Association of Home

Builders, is what most people drink of when they think of square footage: enclosed areas

in a house that are suitable for year-round use, not including garages, unfinished areas,

or open-air space in a room with a two-story ceiling. Perrino Builders is a member of

die Home Builder Association of Greater Cleveland, which, through its association with

the Ohio Home Builder Association, is affiliated with the National Association of Home

Builders.

According to the lawsuit, Perrino and Greenwalt provided the larger, false calculation to

their customers in writing, on die contract, and in various communications via email

and voicemail at die same time they knew it was false—they provided the real

measurement to their subcontractors and to the building department “If you review the

handwritten application sent to the Medina County Building Department for permission

to build the home, an application supposedly signed by Chris Greenwalt, the relevant

areas of the home add up to almost 400 square feet less than the numbers that ware

repeatedly given to the customers by Chris Greenwalt and Pat Perrino.”

“As any home buyer knows, the square footage of a home is one of the most important

factors that determines its ultimate value on the market," Samantha Vajskop, co-oonnsel

for the Plaintiffs, explained. “Building a home is a very stressful and intimidating

experience for consumers. It is made worse when, after being told that the construction

is over, you discover that the actual process has only' just begun."

The complaint states that the Defendants have a ‘pattern and practice* of using this

non-standard calculation with all of their customers. The complaint also claims that

other contractors and associations, such as the Greater Cleveland Home Builders

Association, to which Perrino belongs, “generally frown upon contractors trying to

include* the areas that Perrino and Greenwalt included in the square foot measurement.

“This family did everything right They verified promises in writing, saved documents,

used their own inspectors, and saved communications. But sometimes even that will not

protect you from these sorts of problems,5’ said Myers. “Short of using public records

requests to obtain and review7 all documents and applications submitted by a contractor

to the local budding department during every step of construction, there is little more

consumers can do to protect themselves from this sort of problem."

A copy of the Complaint can be found HERE. For further comment or questions, please

contact Daniel J. Myers, Esq., lead counsel for Plaintiffs, by calling him at 216-236-8202

or emailing him at DMyers(BMyersLawLLC.corn.

Complaint - Neel v Perrino Greenwalt

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Class Action Lawsuit The Good and Bad (But New Ohio Law7 Changes

Filed by Myers Law Mas thy Bad) of Home Construction

Electronically Filed 09/19/2016 1&1Wl&MSWERSa/,.CW.;,161867716 / ConfirmatiomNbrv 859642 / CLDLJ

Documents

Court of Common Pleas ANSWERS Electronically Filed ... › 2016 › ... · PAUL NEEL, ETAL. CV 16 867716 vs. A. PERRINO CONSTRUCTION, INC., ETAL. Judge: JANET R. BURNSIDE Pages Filed: