J.B. Battaglia

On or about December **, 2012, [redacted] and [redacted] (JB Contractors also doing business as JB Masonry) entered into an oral contract to demolish the property at [redacted] which had been destroyed by Hurricane Sandy. In connectionwith that contract, [redacted] requested a retainer of $5,000.00 to begin work to cover the demolition job which was estimated to cost $15,000.00+"10% soft costs". [redacted] agreed to this price, and explained that because he was leaving for Ireland on vacation, his sister-in-law, [redacted] would travel to to [redacted]'s place of business the next day to drop off the retainer check. On or about December **,2012, [redacted] presented [redacted]'s blank check to [redacted], an associate at J and B Improvements, who indicated that she should fill in $15,000.00, the entire amount of the estimated job, rather than filling in the agreed on retainer price of $5,000.00. Accordingly, the check was made out for $15,000.00 without [redacted]'s knowledge or consent. On December **, [redacted] contacted JB contractors to ascertain the progress on the job and was told that no work on the site had been performed and that the initial estimate was inaccurate as there were contamination issues. Given the changing estimates and lack of progress, [redacted] terminated the contract and requested an accounting of the work that had been done to date and a return of his unused funds. On February *,2013, more than a month after requesting a refund of his money and bill for services rendered, [redacted] received a document entitled "Agreement to Terminate Work Contract". The contract purports to be between [redacted] and "New York construction 69", a company [redacted] had never heard of until he read the name in the alleged contract . On February *, 2013, [redacted] altered the contract indicating the price he was willing to pay for the work and requested repayment of his funds. JB Improvements never responded to this request. The contract contains a number of misstatements and misrepresentations regarding the facts underlying this dispute. For example, the contract states that [redacted] made a good faith payment to New York Construction 69 in the sum of $15,000.00, which was intended to cover the demolishing work at the subject premises". As discussed above, [redacted] never aurthorized full payment for the job in December. Thus, the additional $10,000.00 paid on December **,2012 was obtained without [redacted]'s consent or knowledge and occurred due to the actions of [redacted]'s associate, [redacted], who clearly acted outside ofthe agreed upon oral contract. The contract states that [redacted] wished to terminate the contract "due to external factors totally unrelated to the quality of Contractor's work." This statement is in error. As of December **,2012, absolutely no site work had been done. [redacted] was appalled at the shifting estimates provided by JB Improvements and was shocked when he discovered his sisterin- law has been instructed to pay the full price for the job prior to any work having been done. [redacted] strenuously disputes that JB Improvements is entitled to a fee of $2,656.25. [redacted] requests that phone records be provided for the various telephone calls listed on the bill dated January *,2013 evidencing these calls took place on the day and for the length of time indicated on the bill. [redacted] has been charged 750 dollars for field inspection of the property including photodocumentation and printing. Despite his repeated requests for any written documentation for work performed, this information has not been provided to him. [redacted] also requests a canceled check evidencing payment to LMB consultants work any work performed on his behalf. Finally, [redacted] disputes any charges dated on or after December **,2012, as he terminated the contract with JB consultants around 8:00AM that day. [redacted] is willing to settle this matter for $1500.00 dollars and requests that JB Improvements refund $13,500.00 of his money. In return, [redacted] will waive any further claims against JB Improvements. Finally, JB Improvements acknowledges that it has been wrongfully retaining at least $12,343.75 of [redacted]'s money since at least December **,2012. These actions are despicable given [redacted]'s devastating loss of his home and all of its contents due to Hurricane Sandy.