XXXX     XXXX     CLAIM No.

PETER [ENTER SECOND NAME], Plaintiff,

V.

STEVE COT, Defendant.

CLAIM

  1. [ENTER YOUR NAME] (Plaintiff) is an individual, a resident of [ENTER CITY], of address [ENTER ADDRESS].
  2. Steve Cott (Defendant) is an individual, a resident of [ENTER CITY], of address [ENTER ADDRESS].
  3. On or about [ENTER DATE], Plaintiff engaged the services of Defendant to install heating systems for Plaintiff’s Arlington property.
  4. As at May 30, 2019, the systems were not yet installed. Plaintiff made several attempts to get Defendant to install the systems at Plaintiff’s property. Plaintiff’s tenants were getting impatient due to the absence of the heating systems, and Plaintiff’s promises to install them were not being fulfilled.  
  5. Defendant still failed to install the systems despite Plaintiff’s many text messages requesting him to fulfill his part of the bargain. By on or about June 27, 2019, the systems were not yet installed. Plaintiff sent Defendant a message on the selfsame date complaining of Defendant’s delay. Plaintiff also requested for a refund of the money he paid Defendant.
  6. Finally, on or about September 24, 2019, Defendant made the installations after a very long time of correspondences between Plaintiff and Defendant. However, some work still remained on the systems.
  7. On or about December 2, 2019, Plaintiff sent Defendant a text notifying Defendant of cold air flowing from the heat system.
  8. On or about January 7, 2020, Plaintiff engaged the services of other contractors to do reinforcements on Plaintiff’s property. Because of Defendant’s delay, Plaintiff had trouble operating because work still remained on the heating systems, yet the contractors intended to close off the wall.
  9. Defendant finally made it to Plaintiff’s property and worked on the faulty systems. After the repair, Defendant alleged to have left some of his tools and materials at Plaintiff’s property.
  10. On or about March 2, 2020, Plaintiff made payments, in part, for Defendant’s services.
  11. On or about May 20, 2020, Plaintiff texted Defendant requesting Defendant to check the electronic damping systems so that he could control the heating for both up and downstairs of his property.
  12. On or about June 30, 2020, Defendant responded to Plaintiff demanding payment of any outstanding amount owed him by Plaintiff. He also demanded to have his tools and materials back, which he allegedly left at Plaintiff’s property.
  13. In response, Plaintiff stated that he would grant Defendant’s wish if Defendant checked the electronic damping systems so that he could control the heating for both up and downstairs of his property, and placed orders for ductwork.
  14. On or about October 12, 2020, Plaintiff finished paying off all outstanding debts owed to Plaintiff. On the same date, Defendant stated that there remained an unpaid 100 dollars, to which Plaintiff requested Defendant to send a bill so Plaintiff could trace all payments and double check to confirm the outstanding amount. Defendant failed to send the bill.
  15. On or about November 20, 2020, Plaintiff noticed faults with the heating systems, which Defendant installed.  Plaintiff attempted to do everything possible to address the said faults, including adjusting the dampers thereof, to no avail.
  16. On or about November 20, 2020, Plaintiff reached Defendant requesting him to come and rectify the faults.
  17. On or about [ENTER DATE], Defendant texted Plaintiff stating that Defendant returns to him his tools and his alleged remaining balance of 100 dollars.
  18. By failing to rectify the faulty heating system, Defendant breached the implied warranty of good faith and fair dealing.
  19. By installing the heating system recklessly, Defendant breached his duty of care and is therefore liable for negligence.
  20. Plaintiff claims against Defendant for breach of implied warranty of good faith and fair dealing.
  21. Plaintiff claims against Defendant for negligence.
  22. Plaintiff claims damages against Defendant according to the following schedule:
                         Reason          3 Months arlington delay        Remaining of warranty of Arlington furnace        Remaining of warranty of Dorey Court furnace        Remaining of warranty of 692 Somerset St          Premanture life of equipment because no caulking                                                                                                            Amount   $ 6 ,000.00 Current rent @ 2000 min three months of delay

$ 500.00 ten percent of the installed value     $ 100.00 ten percent of the installed value – used portion     $ 200.00 ten percent of the installed value – used portion     $ 2,900.00 188 Cambridge St. North Hot water boiler for the entire apartment replacement costs    

            Total                                                                            $ 9 ,700.00

  • Plaintiff also pleads any other remedy which this Honourable Court deems just.
  • The events and transactions which constitute the cause of action predominantly took place within the territorial division of this Honourable Court.

Respectfully submitted,

Signature

_________________

PETER

[ADDRESS]

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