Fill and Sign the Complaint Sample Form

IN THE CIRCUIT COURT OF ____________ COUNTY, _____________ FOR THE ____________ DISTRICT OF ___________ ___________________ DIVISION NAME OF PLAINTIFF )       ) ) V. ) NO.       ) ) NAME OF DEFENDANTS )       ) ) COMPLAINT Plaintiffs, __________ and __________, __________ corporations with their principal places of business in __________, __________ County, __________, file this their suit against Defendants, __________ and __________ . Parties and Venue 1. Plaintiffs are __________ corporations with their principal offices in __________, __________ County, __________. 2. __________ is a __________ corporation having its principal place of business in __________, __________ and may be served with process by serving its agent for process, ___________, __________, __________. __________ and are adult resident citizens of __________, __________, who may be served with process at __________. 3. This cause of action arises out of a contract to be performed in __________ County, __________, and a tort which occurred in said county. 4. In ____, __________ was the general contractor for the construction of Interstate __ between __________ Drive and __________ Drive in __________, __________. ___________, a real estate developer, owned 11 1/2 acres located on __________ Drive in __________ County, __________, which required filling to a certain elevation to be commercially developed. __________ contacted _________ and requested that __________ allow it to use the property to dump construction debris, but __________ declined, stating that the property was to be developed as a retail center, which would preclude the use of such fill materials as construction debris. 5. ___________ and __________ executed a Letter Agreement under date of __________ __, ___, Exhibit A attached, which provided that __________, in consideration of an ownership interest, would fill the property to the agreed elevation by _________ __, ____ with soil materials which would "contain no construction debris or refuse." Subsequently, the parties entered into a Limited Partnership Agreement dated ___________ __, ____, a copy of which is attached as Exhibit B. 6. Said Limited Partnership Agreement specified that the Partnership was organized to "own, improve, and hold for investment or development certain real property to be contributed to the partnership by the General Partner" (__________) and that the fill material would "consist solely of native soil materials and not include any type of construction debris or refuse." 7. Shortly after the execution of said letter, ___________ commenced filling the property, but, unknown to ___________, ___________, ___________, and ___________ caused ___________'s land to be filled with construction debris, broken concrete pavement, broken asphalt pavement, steel reinforcing bars, bridge members, timbers, bricks, tree stumps, and other unsuitable material, which made the land completely unfit for economical commercial development of any kind. Said Defendants fraudulently caused said improper construction debris to be covered with soil material, thus concealing said gross, wanton, and intentional breach of contract in order fraudulently to induce ___________ to accept said performance. 8. ___________ deliberately used ___________'s land as a dump for the tons of construction debris generated as a result of ___________ performance of its contract for the construction of the new I-___ Highway Project from __________ Drive to __________ Drive. Said illegal, unauthorized and fraudulent misuse of ___________'s property not only destroyed the ability of ___________ to develop the property in an economically feasible manner, but also resulted in huge savings for ___________ in its cost of completing said highway construction project by eliminating the need to purchase dumping privileges for unwanted construction debris and avoiding potentially expensive longer hauls to sites where the debris from said construction project could be legally dumped. 9. ___________ and ___________ falsely represented to ___________ that ___________ had properly completed its duties under the Limited Partnership Agreement; and, relying on said representation, ___________ paid $00.00 to ___________ in consideration of ___________ release of its rights in the Partnership property. 10. Further relying on ___________' assurances of performance, and believing that ___________ had completed the performance, __________ purchased 3 1/2 acres on the northwest corner of said property from ___________ and entered a lease with ___________ requiring __________ to build a building and parking lot to the specifications of said tenant on said 3 1/2 acre tract. 11. As a result of tests conducted by soil engineers employed by said tenant, ___________ and ___________ first became aware of the concealed construction debris buried on the site and, accordingly, were required to completely excavate the building site at its own expense and, to date, has expended approximately $00.00 to do so. Additionally, said tenant has made demand on ___________ for substantial unspecified expenses incurred by said tenant rectifying the problems in the fill caused by the construction debris in the tenant's parking lot area. Also, as a direct and proximate result of the actions of Defendants, the value of ___________'s remaining property has been reduced by at least __________ Dollars ($00.00). The curative work required to be done resulted in a delay of five months in opening the store which resulted in a loss of approximately $00.00 rent to date. Said fill condition also caused substantial questions to be raised as to the suitability of the remaining site for development, thus resulting in further damages to ___________. Negotiations with other prospective tenants have been terminated or suspended due to uncertainty as to the condition of the site and the cost of curative action necessary to render said site suitable for commercial development. The resultant inability of ___________ and ___________ to pursue further development caused additional damages. 12. ___________, and ___________ personally, fraudulently and, with intent to deceive ___________, deliberately placed, or caused to be placed, the organic material, rubble, broken concrete pavement, broken asphalt pavement, steel reinforcing bars, bridge members, timbers, bricks and other unacceptable materials on ___________'s property and concealed their actions from ___________. Said fraudulent concealment was done with the intent to defraud ___________ into believing that ___________ was properly performing its duties under the Letter Agreement and the Limited Partnership Agreement, so that ___________ would not require Defendants to cease said flagrant destruction of ___________ property values, and to believe that it had completed its contract with ___________ and thus to obtain the compensation it claimed was due under its agreement with ___________. ___________, acting in reliance on said fraudulent concealment, failed to stop Defendants from the continued dumping on its land and also executed a release under the terms of which ___________ paid ___________ $00.00 in exchange for its interest in the land. If ___________ had been aware of the condition of said soil, it would not have executed said release and paid said $00.00. 13. Defendants knew full well that their actions in using ___________'s valuable commercial property on __________ Drive as a dumpsite for their construction debris would substantially destroy the commercial value of said property. Not only is the soil rendered too unstable for construction, but the presence of tons of chunks of concrete and other debris prevent the economical construction of foundations, utility lines, streets, parking areas and other excavation required by a commercial development. Said wanton and deliberate destruction of the value of ___________'s property, along with the intentional and fraudulent concealment thereof, constitutes a separate tort for which Defendants are liable in actual and punitive damages. COUNT I Breach of Contract 14. ___________, under the Letter Agreement attached as Exhibit A and the Limited Partnership Agreement attached as Exhibit B, had a duty to fill ___________'s land with native soil materials only and not with construction debris or refuse. ___________ deliberately and intentionally breached its agreement and did, in fact, place tons of construction debris on the said land. As a direct and proximate result of said breach of contract, ___________ has been damaged in the amount of not less than $00.00. Wherefore, ___________ demands judgment against ___________ for all damages suffered as a result of said breach of contract in the sum of at least $00.00, plus prejudgment interest and costs. COUNT II Intentional Tort 15. ___________, ___________ and ___________ fraudulently, deliberately, intentionally, and with actual malice destroyed the value of ___________'s land by burying and concealing large amounts of construction debris and refuse on said land which rendered it unsuitable for commercial development without the expenditure of large sums of money for rectification. Said ___________, ___________ and ___________ fraudulently and with the intent to deceive Plaintiffs, then caused said construction debris to be concealed from ___________ and its agents. Said unauthorized and concealed placing of construction debris on said property without their consent constitutes a trespass and was accompanied by such flagrant, malicious and outrageous conduct as to constitute a separate and independent tort for which said Defendants are liable for actual damages in the amount of _____________ and No/100 Dollars ($00.00) and punitive damages in the same amount, ______________ and No/100 Dollars ($00.00). COUNT III Breach of Fiduciary Duty 16. As a result of the execution of Exhibits A and B, and the trust and confidence __________ placed in ___________ in the joint development of the property as partners, ___________ owed a fiduciary duty to ___________ in this matter. ___________ concealed, deliberate, and malicious destruction of the value of ___________'s property for its own gain constitutes a breach of said fiduciary duty, for which ___________ is liable for actual and punitive damages. COUNT IV Damages and Indemnity for Curative Work 17. As a direct and proximate result of their wrongful actions herein, Defendants jointly and severally are liable to indemnify ___________ for its expenses to date for the curative work on said 3 1/2 acre tract in the amount of ________ Dollars ($00.00) and for any further payments it may be required to make to ___________ for curative work on said soil, which is estimated to be ____________ Dollars ($00.00). In the alternative, Defendants are liable to ___________ for indemnity to ___________ for all expenses which ___________ incurred in said curative work.