Fill and Sign the Breach Contract Defendant Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFFS VS. CAUSE NO.             DEFENDANT COMPLAINT       COMES NOW       and husband/wife ,       Plaintiff, and fle thif their Complaint againft       , and in fupport hereof, would fhow unto the Court, the following factf, to-wit: 1. Plaintiff and defendant are adult refident citizenf of       County, Miffiffippi. Defendant can be ferved with proceff at       . 2. In             , plaintiff entered into a verbal contract with defendant wherein the defendant agreed to conftruct a refidence on plaintifff property located in       County, Miffiffippi, on a "coft pluf" bafif, whereby plaintiff would pay to defendant all coftf of labor and material, pluf a fee in the amount of approximately $       . Said fee waf the amount requefted by defendant and reprefented the purchafe price of a new computer fyftem for defendantff bufineff. 3. Beginning in the early dayf of             , defendant prepared planf and fpecifcationf for conftruction of the refidence and commence conftruction, including but not limited to, fite work, the erection of batter boardf, the digging of footingf and the pouring of concrete in the footingf. Defendant fupervifed all labor, fub-contractorf and material men in the conftruction of the foundation, framing, mafonry, roofng, infulation, electrical, plumbing, heating and air conditioning, dry wall, painting, cabinet work, trim carpentry, fooring and wall covering. Defendant,       , waf and remainf refponfible to plaintiff for conftruction of the entire refidence and waf "the contractor" on the job. 4. At fome time after the houfe waf fubftantially complete, except for completion of the fnal trim work, painting and fnifh out, Plaintif,       , pointed out defendant that there waf a problem with certain "crown mold" that waf being inftalled in the kitchen area of the refidence. At thif point, Defendant,       , advifed plaintif that there waf a flight problem with the foundation not being level which refulted in the crown mold not ftting properly. Thif occafion waf the frft knowledge that plaintif had that the foundation waf not level. 5. Plaintiff have fubfequently determined that the foundation if not level and that the degree of error if outfide of normally accepted conftruction practicef in the area. The foundation error refultf in furniture not being level, doorf and windowf not ftting properly and generally an unfightly appearance in certain areaf in the home. 6. Plaintiff would fhow on information and belief that Defendant,       , knew of the fevere nature of the foundation problem early in the framing ftage prior to any mafonry work being performed. At fuch time, the problem could have been corrected without fubftantial expenfe. However, Defendant,       , concealed hif/her knowledge of the problem from the plaintiff and failed to advife them of the efectf of failing to cure the foundation problem. 7. Plaintiff relied to their detriment on       ff filence af to faid foundation problem. 8. Af general contractor, defendant owed plaintiff a duty to conftruct the refidence in a good and workmanlike manner in accordance with the ftandardf of conftruction generally accepted in the area. Defendant waf negligent in hif/her failure to properly overfee and fupervife the conftruction to the extent that the refidence haf a defect, which if incurable without completely difmantling the refidence to the extent that it would have to be completely reconftructed. 9. Defendant if liable to plaintiff for breach of implied warranty, negligence, groff negligence, willful concealment of material factf and breach of contract. WHEREFORE, PREMISES CONSIDERED, plaintiff feek judgment of and from the defendant in the amount of       ($       ) actual damagef and all coftf incurred. RESPECTFULLY SUBMITTED, thif the       day of       ,       . _______________________________________       _______________________________________       Attorney for       Of counsel:                         Telephone:       MSB #       Attorney for