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
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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:
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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.
6. Defendants deny the allegations contained in Paragraphs 6, 7, and 8 of the
Complaint.
7. Defendants admit the allegations contained in Paragraph 9 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.
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 1.
13. 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.
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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.
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
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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.
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.
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.
38. Defendants deny the allegations contained in Paragraphs 58, 59, 60, 61, and 62 of
the Complaint.
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.
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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.
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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. 4722.01 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.
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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.
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.
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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.
To the extent a response is required, Defendants deny the allegations contained in Paragraphs 104
and 105 of the Complaint.
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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.
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.
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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.
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
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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)
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
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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)
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.
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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
Cleveland, Ohio 44114
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
Cleveland, Ohio 44131
/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.
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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.
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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
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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.
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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)
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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
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• 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 >
3
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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
Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
• 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
Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
»
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
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Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
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Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
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* Upstairs bedrooms
• 52” with light with 12” downrod
\
Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
i
I
• Master Bedroom
• Fan Finish: Antique Bronze
• Blade Finish: Teak/Walnut
• With 18” down rod
Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
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
Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
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Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
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 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.
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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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Electronically Filed 09/19/2016 16:11 / ANSWERS / CV 16 867716 / Confirmation Nbr. 859642 / CLDLJ
'"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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Electronically Filed 09/19/2016 1&1Wl&MSWERSa/,.CW.;,161867716 / ConfirmatiomNbrv 859642 / CLDLJ