Fill and Sign the Against Contractor Form

IN THE ________________________________ COURT OF ________________________________ (County), __________________________________________ (State) ____________________________________________ PLAINTIFF (Name of Plaintiff V. CAUSE NO. _______-_______ _____________________________________________ DEFENDANTS _____________________________________________ (Name of Defendants) COMPLAINT COMES NOW ___________________________________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendants, __________________________________________ ______________________________________________________________________________ (Name of Contractor), hereinafter called Defendant Contractor, and ______________________ ________________________________ (Name of Surety), hereinafter called Defendant Surety, and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of _________________________________________ _____________________________________________________________ (city, county, state) . 2 . Defendant Contractor is an adult resident citizen of ______________________________ _____________________________________________________________ (city, county, state) . 3. Defendant Surety is a corporation organized and existing under the laws of the state of __________________________________________________, with its principal office located at ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________ (street address, city, county, state, zip code) . 4. On ____________________________________ ( date) , Plaintiff entered into a written contract with Defendant Contractor for the construction by Defendant Contractor of a building in ___________________________________________________________________________ ______________________________________ (city, county, state) . A copy of said contract is attached hereto as Exhibit A, and incorporated herein by reference. 5. On __________________________________ ( date) , in accordance with the contract, Defendant Surety executed and delivered to Plaintiff, and Plaintiff accepted, its bond ensuring the faithful performance by Defendant Contractor of the contract according to its terms, plans, and specifications, and promising to pay to Plaintiff, on Defendant Contractor’s failure to so perform, all damages caused by such a failure, in a sum not exceeding $_____________. A true and copy of the bond is attached hereto as Exhibit B, and incorporated herein by reference. 6. Defendant Contractor has failed and refused to faithfully perform the contract, in that (statement of facts demonstrating that contractor abandoned project) ____________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ __. 7. No notice of completion for the building has been filed. 8. On __________________________________ ( date) , and on numerous occasions after that date, Plaintiff made written demand on Defendant Contractor to perform the contract, but Defendant Contractor has failed, refused, and neglected to do so. A copy of a written demand, dated __________________________________ ( date) , is attached hereto as Exhibit C, and incorporated herein by reference. 9. As a proximate result of Defendant Contractor’s failure and refusal to faithfully perform the contract, Plaintiff has been damaged in the amount of $______________, which represents the difference between the contract price and the cost of the agreement obtained by Plaintiff from ______________________________________________________ (name of new contractor) , a new contractor, to complete the performance of Defendant Contractor under the original contract. Defendant Surety is liable to Plaintiff on the bond to pay these damages, as well as any other damages or loss sustained by Plaintiff because of Defendant Contractor’s breach of contract. 10. In compliance with the condition of the bond relating to notice to the Defendant Surety , Plaintiff, on _____________________________________ (date of notice) , gave Defendant Surety written notice of the failure and refusal of Defendant Contractor to faithfully perform the contract and of the damages sustained by Plaintiff as a consequence of Defendant Contractor’s breach of contract. On ____________________________________________ (date of demand) , Plaintiff made demand on Defendant Surety for payment of Plaintiff's damages, but Defendant Surety failed and refused, and continues to fail and refuse, to do so. A copy of the said notice is attached hereto as Exhibit D and a copy of said demand is attached hereto as Exhibit E, both of which are incorporated herein by reference. 11. Plaintiff has faithfully and fully performed all of the conditions and covenants on his part to be performed under the terms of the contract WHEREFORE, Plaintiff requests judgment against Defendants, and each of them, for the following: 1. Damages in the amount of $____________, with interest at the rate of _____%, from ________________________________________ (date of breach) , until paid; 2. Reasonable attorneys’ fees and costs of suit incurred; and 3. Such other and further relief as the Court deems just and proper. Witness my signature this the ____ day of ______________________________, 20____. Respectfully submitted, ____________________________________ (Name of Plaintiff) By: ________________________________ (Name of Plaintiff’s Attorney) State Bar No. _____________ One of His Attorneys OF COUNSEL: _____________________________________________ (Name of Plaintiff’s Attorney) Post Office Box _______-__________ City, State, Zip Code ___________________________________________________________ _____________________________________ Telephone: ______-______-___________