NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas

Transcription

1 NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas ANSWERS Electronically Filed: September 19, :11 By: ALAN B. DAILIDE Confirmation Nbr PAUL NEEL, ETAL. CV vs. A. PERRINO CONSTRUCTION, INC., ETAL. Judge: JANET R. BURNSIDE Pages Filed: 43 Electronically Filed 09/19/ :11 / ANSWERS/CV /Confirmation Nbr /CLDLJ

2 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO PAUL NEEL, et al, ) CASE NO. CV ) 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 ) ) 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:

3 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. 5. Defendants deny the allegations contained in Paragraph 5 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof. Complaint. 6. Defendants deny the allegations contained in Paragraphs 6, 7, and 8 of the 7. Defendants admit the allegations contained in Paragraph 9 of the Complaint. 8. Defendants deny the allegations contained in Paragraph 10 of the Complaint. -2-

4 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. 10. Defendants deny the allegations contained in Paragraph 12 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof. 11. Responding to the allegations of Paragraph 13 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 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 Defendants deny the allegations contained in Paragraph 15 of the Complaint. 14. Defendants deny the allegations contained in Paragraph 16 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof. 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. -3-

5 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. 17. Defendants admit the allegations contained in Paragraph 21 of the Complaint. 18. Defendants deny the allegations contained in Paragraph 22 of the Complaint. 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. 20. Defendants deny the allegations contained in Paragraphs 31 and 32 of the Complaint. 21. Defendants deny the allegations contained in Paragraphs 33 and 34 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof. 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. 24. Defendants deny the allegations contained in Paragraph 39 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 -4-

6 required. To the extent a response is required, Defendants deny the allegations contained in Paragraphs 40, 41, 42, and 43 of the Complaint. 26. Responding to the allegations of Paragraph 44 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 44 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof. 27. Defendants deny the allegations contained in Paragraph 45 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof. 28. Defendants deny the allegations contained in Paragraph 46 of the Complaint. 29. Responding to the allegations of Paragraph 47 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 deny the allegations contained in Paragraph 47 of the Complaint. 30. Defendants deny the allegations contained in Paragraphs 48 and 49 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof. 31. Defendants deny the allegations contained in Paragraph 50 of the Complaint. 32. Responding to the allegations of Paragraph 51 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 51 of the Complaint. 33. Defendants deny the allegations contained in Paragraph 52 of the Complaint. -5-

7 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. 35. Responding to the allegations of Paragraph 54 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 Paragraph 54 of the Complaint. 36. Responding to the allegations of Paragraphs 55 and 56 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) 37. For their response to Paragraph 57 of the Complaint, Defendants incorporate by reference each and every admission, averment, denial, allegation, and defense contained in their Answer, whether written above or below, as if fully rewritten herein. the Complaint. 38. Defendants deny the allegations contained in Paragraphs 58, 59, 60, 61, and 62 of 39. Responding to the allegations of Paragraphs 63 and 64 of the Complaint, Defendants state that said paragraphs assert legal conclusions to which no response is required. -6-

8 To the extent a response is required, Defendants deny the allegations contained in Paragraphs 63 and 64 of the Complaint. 40. Defendants deny the allegations contained in Paragraphs 65 and 66 of the Complaint. 41. Responding to the allegations of Paragraphs 67 and 68 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 67 and 68 of the Complaint. 42. Defendants deny the allegations contained in Paragraph 69 of the Complaint. 43. Responding to the allegations of Paragraphs 70 and 71 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 70 and 71 of the Complaint. 44. Defendants deny the allegations contained in Paragraph 72 of the Complaint for lack of knowledge or information sufficient to form a belief as to the truth thereof. 45. Responding to the allegations of Paragraph 73 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 deny the allegations contained in Paragraph 73 of the Complaint. COUNT III (Answer to Plaintiffs Claim of Negligent Misrepresentation against all Defendants) 46. For their response to Paragraph 74 of the Complaint, Defendants incorporate by reference each and every admission, averment, denial, allegation, and defense contained in their Answer, whether written above or below, as if fully rewritten herein. 47. Defendants deny the allegations contained in Paragraph 75 of the Complaint. -7-

9 48. Responding to the allegations of Paragraph 76 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 deny the allegations contained in Paragraph 76 of the Complaint. COUNT IV (Answer to Plaintiffs Claim of Civil Conspiracy against all Defendants) 49. For their response to Paragraph 77 of the Complaint, Defendants incorporate by reference each and every admission, averment, denial, allegation, and defense contained in their Answer, whether written above or below, as if fully rewritten herein. 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 against Perrino Construction) 51. For their response to Paragraph 85 of the Complaint, Defendants incorporate by reference each and every admission, averment, denial, allegation, and defense contained in their Answer, whether written above or below, as if fully rewritten herein. 52. Responding to the allegations of Paragraphs 86, 87, and 88 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 86, 87, and 88 of the Complaint. 53. Responding to the allegations of Paragraph 89 of the Complaint, Defendants admit that Perrino Construction had and maintains appropriate insurance coverage, but deny all remaining allegations contained in Paragraph 89 of the Complaint. -8-

10 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. 55. Defendants deny the allegations contained in Paragraph 97 of the Complaint. 56. Responding to the allegations of Paragraph 98 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 deny the allegations contained in Paragraph 98 of the Complaint. 57. Defendants deny the allegations contained in Paragraph 99 of the Complaint. 58. Responding to the allegations of Paragraph 100 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 deny the allegations contained in Paragraph 100 of the Complaint. 59. Defendants deny the allegations contained in Paragraph 101 of the Complaint. 60. Responding to the allegations of Paragraph 102 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 deny the allegations contained in Paragraph 102 of the Complaint. 61. Defendants deny the allegations contained in Paragraph 103 of the Complaint. 62. Responding to the allegations of Paragraphs 104 and 105 of the Complaint, Defendants state that said paragraphs assert legal conclusions to which no response is required. -9-

11 To the extent a response is required, Defendants deny the allegations contained in Paragraphs 104 and 105 of the Complaint. 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

12 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 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

13 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: - 12-

14 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, (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

15 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

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

17 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

18 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. 36. Upon information and belief, Myers, on his own and as agent for the Neels, 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 - 17-

19 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) 39. 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. 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 - 18-

20 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) 43. 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. 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) 47. 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. 48. Business relationships exist between Perrino and/or Perrino Construction and other customers of which Myers and the Neels were aware

21 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; -20-

22 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 ( ) com Alan B. Dailide ( ) com FRANTZ WARD LLP 200 Public Square, Suite 3000 Cleveland, Ohio Phone: (216) Fax: (216) Attorneys for Defendants A. Perrino Construction, Inc. and Pat Perrino -21 -

23 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 Cleveland, Ohio /s/ Alan B. Dailide _ One of the Attorneys for Defendants -22-

24 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, and Paul and Stephanie Neel ' (hereinafter referred to as "OWNER") whose mailing address is 742 Spafford Oval Sagamore Hills, OH 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, 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 ) leaving the balance to be disbursed by Owner's construction lender in the sum of f$ $ ). 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$ $ _ } 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, upon execution of this contract. The remainding earnest money of 31, is due upon lender approval. fom\ I ^ /

25 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 Ofdacy^o, 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.

26 i 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 s/voic s/texting. Homeowner should maintain a list of items to be addressed at the biweekly 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. l 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 tapin 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 $ 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 $ 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 $ administrative design fee is due at time change order payment is due. If change order is declined or expires payment of $ administrative fee must be delivered to contractor no later than 3 days after change was declined or expired. If payment of the $ 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 $ 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 3

27 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

28 i 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. I V I 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

29 > 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 Mayfield Road Mayfield Hts., Ohio b. Owner: Paul Neel Stephanie Neel 742 Spafford Oval Sagamore Hills, OH 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)

30 f) I PERRINO PLATINUM FEATURE SHEET FEA TURE SHEET FOR PERRINO BUILDERS Addendum A RESIDENTIAL LOT i Professionally engineered plans for proper home and lot setting Final grade after home has been completed Custom Mailbox and Post Driveway, walkway and sidewalks, $ allowance permits and tap in fees, calculated per lot Dirt removal and hauling, $ allowance FOUNDATION 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 1 i r 1 t! i

31 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

32 i 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 DRYWALL 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 > 3 -

33 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 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 '' J PAINT/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

34 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 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. i 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

35 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 ( f Flush mount brushed nickel or oiled bronze 2-60watt 13 BN,OB W alabaster swirl 3-60watt 15 BN,OB W alabaster swirl i O

36 I I I I I

37

38 I [

39 \. V-.1-» f * Upstairs bedrooms 52 with light with 12 downrod \ i

40 I Master Bedroom Fan Finish: Antique Bronze Blade Finish: Teak/Walnut With 18 down rod

41 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 $ Total 2, 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 $ 3, 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 11, , 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 Inc Add linen closet to master bath labor and material Delete master tub and increase shower width 1' credit labor and material $ $ (800.00) Delete shower from powder room credit $ (1,000.00) Total Cost $ 43, *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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43 MYERS Law Ohio Consumer Law Blog Information on Ohio's Consumer Laws from Attorney Daniel Myers, Myers Law, LLC (ADVERT1SMENT ONLY) About Daniel Myers Areas of Practice Northeast Ohio Family Claims Perrino Builders and Greenwalt Architects Defrauded Them with False Measurements r t > > i- O 3 Votes information This entry was posted on August 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 Mj^ers 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. The lawsuit, Paul Ned, et al. v. A Perrino Construction, Inc., et a!., Case Number CV , 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 and voic evidence from Perrino and Greenwalt of the promised 3,000-3,050 square foot amount. Shortlink / wp.me,rp2uzpn-2qi Navigation Previous post Next post Follow Blog via Enter your address to follow this blog and receive notifications of new posn by . Join 9S8 other followers Enter yaur address Follow Ohio Consumer Like Myers Law, LLC on Facebook! Be the first of your friends to like this Myers Law Websites