PHILADELPHIA – A New Jersey-based fire and water restoration services firm has launched legal action to recover more than $47,000 in unpaid damages connected to a professional contract it entered earlier this year.
Sure Kleen Restoration, LLC of Williamstown, N.J. filed suit in the Philadelphia County Court of Common Pleas on Nov. 7 versus Carl Dean & All Above, LLC, both of Berlin, N.J.
On Jan. 17, 2017, Dean entered into a restoration services contract with Sure Kleen Restoration, whereby Dean authorized it to proceed with its recommended procedures to preserve, protect and secure from further damage the property located on West Tioga Street and owned by defendant, All Above.
The work was allegedly completed between Jan. 17 and Jan. 30 for the agreed-upon price of $37,750.26. On Sept. 15, a letter was sent to Dean and All Above demanding payment, but the defendants have failed and/or refused to remit the remaining balance to plaintiff, despite a demand for same, the suit says
“The contract provides for a finance charge of 1.5 percent per month to be applied to any unpaid balance after 30 days. The contract provides that the customer shall reimburse plaintiff for all of its out-of-pocket expenses incurred in exercising any of its right or remedies under the contract, including, without limitation, reasonable attorney’s fees and expenses, and fees and expenses of collection agencies, whether or not suit is brought. The contract provides that if plaintiff should bring court action, customer and plaintiff agree that attorney’s fees equal to 30 percent of the total amount sought by plaintiff shall be deemed reasonable for purposes of the contract,” the suit states.
Under these terms, the amount due and owing by the defendant Dean under the contract is $37,750.26 plus accrued, unpaid interest and $9,437.57 in attorney’s fees, for a grand total of $47,187.83, the suit says.
For a count of breach of contract against Dean, the plaintiff is seeking damages of $47,187.83, plus accrued interest, costs and any other relief the Court deems equitable and just. For counts of unjust enrichment and quantum meruit against both defendants, the plaintiff is seeking damages of $37,750.26 for the value of the work performed, plus attorneys’ fees of $9,437.57, costs and any other relief the Court deems equitable and just.
The plaintiff is represented by Amar A. Agrawal of Eisenberg Gold & Agrawal, in Cherry Hill, N.J.
Philadelphia County Court of Common Pleas case 171100506
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com