Seeking Alimony Law Offices of Edward R. Weinstein NJ Attorneys

COMPLAINT

Plaintiff, ABC COMPANY, maintaining its principal place of business at by way of complaint against the defendant states:

1. The Plaintiff is a corporation licensed and authorized to do business in this state. It is in the business of providing electrical services to both residential and commercial customers.

2. Upon information and belief, ABC Enterprises is a Corporation licensed to do business in the State of . ABC Enterprises, upon information and belief, is the general contractor who provides in least in part contract of services pertaining to repairs and/or the improvement of residential homes.

3. John and Jane Doe, as husband and wife, are named as defendants herein as they are the homeowners of a residence which is located at Block , Lot which is more commonly described as .

CONTRACT

4. On or about , Plaintiff was retained by Defendant, ABC Enterprises to perform electrical work at the Doe residence in . To memorialize the retention of the Plaintiff a contract was entered into between the parties. A true copy of said contract is appended hereto as Exhibit 1.

5. Pursuant to the above contract, Plaintiff, ABC Company, was to perform various services throughout the Doe residence. The total amount due under the contract was $.

6. Following the execution of the contract, a sum of $ was received on or about . A further sum of $ was received on or about . Thus the total amount paid under the contract was $.

7. However, change orders were made to the contract in the amount of $ which pertain to various electrical services to be further rendered by the plaintiff. Therefore, the total due and owing to the Plaintiff came to $.

8. Therefore the total amount of the contract less the amount paid left a balance due and owing $ ($).

9. The plaintiff rendered services in a professional and workman like manner and additionally, the job was completed in a timely fashion.

10. However, despite the Plaintiff performing as per its contract, full and complete payment has not been made by either the other defendant.

BREACH OF CONTRACT

COUNT I

11. The above actions constitute a breach of contract on the part of ABC Enterprises who expressly agreed, by way of the attached contract, to pay for the services rendered by the Plaintiff.

12. Due to said breach, the Plaintiff has been damaged and due the sum of $ for rendering services with respect to electrical work done at the Doe residence.

WHEREFORE, Plaintiff demands judgment against the defendant, ABC Enterprises: a)

for consequential damages in the amount of $

b) for attorneys fees, costs and pre-interest;

c) for any other relief the court deems is necessary.

UNJUST ENRICHMENT

COUNT II

13. Plaintiff hereby repeats the foregoing allegations as if they had fully been fully set forth herein and repeated at length.

14. By virtue of the Plaintiff rendering services as per its contract with ABC Enterprises, both ABC Enterprises and the defendants, the Does, have been unjustly enriched to the detriment of the Plaintiff.

15. Furthermore, the Does had assured the Plaintiff that it would be paid the balance due under the contract because of work performed at their residence.

16. As a result of the actions of the defendants, they have been unjustly enriched to the detriment of the Plaintiff.

WHEREFORE, Plaintiff demands judgment against the defendant, ABC Enterprises: a)

for consequential damages in the amount of $

b) for attorneys fees, costs and pre-interest;

c) for any other relief the court deems is necessary.

DESIGNATION OF TRIAL COUNSEL

Pursuant to rule 4:25-4, John Lawyer, is hereby designated as trial counsel for Plaintiff, ABC Company, in the above matter.

CERTIFICATION OF NO OTHER ACTION

Pursuant to rule 4:5-1, it is hereby stated that the matter in controversy is not the subject of any other action pending in any other Court or of a pending Arbitration Proceeding to the best of my knowledge or belief. Also, to the best of my belief, no other action or Arbitration Proceeding is contemplated. Further, other than the parties set forth in this pleading, we know of no other parties that should be joined in the above action. In addition, we recognize the continuing obligation of each party to file and serve on all parties and the Court an amended Certification if there is a change in the facts stated in this original Certification.

GOLDZWEIG, FARRELL & GREEN, L.L.C.