Fill and Sign the Against Negligent Form

IN THE _____________________ (Name of Court) COURT OF _______________________ (Name of County), _____________________ (Name of State) _______________________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _______,________ _______________________________ DEFENDANT (Name of Defendant) COMES NOW ___________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through his attorney, and files this his Complaint against Defendant , ___________________________ (Name of Defendant), 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 is an adult resident citizen of ______________________________________ (city, county, state) . 3. Defendant is, and at all times mentioned in this Complaint was, an architect licensed by the State of ________________. 4. On _____________________________ (date) , Plaintiff and Defendant entered into a contract by which Defendant agreed to prepare plans and specifications for the construction of a ( specify type of structure) ____________________________________________________ at __________________________________________________________________________ _____________________________________ (street address, city, county, state, zip code) . A copy of the contract is attached to this Complaint, marked Exhibit A , and incorporated herein by reference. 5. After entering into the contract mentioned above, Defendant inspected the proposed construction site and reported to Plaintiff that the site was acceptable and proceeded to develop the plans and specifications for the ( specify type of structure) _________________________ _________________________________________________ , hereinafter called the Structure . 6. On ___________________________ (date) , Defendant accepted the Structure as being completed. 7. Plaintiff , who is wholly untrained in the matters connected with the construction of the Structure , relied upon the acts, recommendations, and advice of Defendant , as the architect and structural engineer for the project, in accepting the Structure in its supposedly completed state. 8. Soon after taking possession of the Structure , Plaintiff discovered the following serious defects in the Structure (describe defects in Structure) _____________________________ ________________________________________________ . 9. The defects described above were so severe that they rendered the Structure wholly unfit for its intended use. 10. Defendant , by entering into the contract with Plaintiff to provide certain architectural services in connection with the construction of the Structure , was obligated to exercise ordinary and reasonable care and skill in providing those services to Plaintiff . 11. Defendant , in breach of the duties and obligations of the contract entered into with Plaintiff , failed to prepare sufficient plans and specifications for the construction of the Structure . 12. As a direct and proximate result of Defendant 's breach of the contract as described above, the Structure was constructed in such a way that it contained the defects described above. 13. To make the Structure fit for its intended use, Plaintiff will be required to ( specify steps necessary to correct defects in Structure) ________________________________________ ____________________________________________________________________________ _________________________________________________ at a total cost of $____________. Second Cause of Action 14. Plaintiff adopts and re-alleges paragraphs 1 through 13 of this Complaint as if set forth in full here. 15. Defendant , by agreeing to provide Plaintiff with certain architectural services in connection with the construction of the Structure , was obligated to exercise ordinary and reasonable care and skill in providing those services to Plaintiff . 16. Defendant , in breach of Defendant 's duty to exercise ordinary and reasonable care and skill in providing architectural services to Plaintiff , negligently failed to prepare sufficient plans and specifications for the construction of the Structure . 17. As a direct and proximate result of Defendant 's negligence as described above, the Structure was constructed in such a way that it contained the defects described above. 18. To make the Structure fit for its intended use, Plaintiff will be required to ( specify steps necessary to correct defects in Structure) ________________________________________ ____________________________________________________________________________ _________________________________________________ at a total cost of $____________. Wherefore, Plaintiff requests that the court: 1. Award Plaintiff damages in a sum to be determined according to proof at trial and not less than $____________; 2. Award Plaintiff the costs of this action; and 3. Award Plaintiff any other and further relief that the court considers proper. Respectfully Submitted, _____________________________ (Name of Plaintiff)