CLEARWATER — A Clearwater company is suing a roofing business, alleging breach of contract and fraud.

6709 114th Avenue North LLC filed a complaint May 1 in Pinellas County Circuit Court against Gary M. Nicks and Marilyn Nicks, doing business as Nick's Roofing, alleging failure to perform and deliver the agreed services, fraudulently representing themselves as experts and breaching an implied warranty.

According to the complaint, between February 2014 and April 2014, 6709 114th Avenue North contracted the services of Nick's Roofing to repair and solve roof leaks of its building in Pinellas Park. The suit says the defendants represented that they had the knowledge, training, experience and expertise to perform roof repairs. Upon full payment of $20,000, however, the plaintiff says the building's roof continued to have water intrusion and roof leaks. As a result, 6709 114th Avenue North says it suffered and continues to suffer and incur additional substantial costs and damages. 

The plaintiff alleges Nick's Roofing fraudulently represented having the expertise in providing the needed services required and, despite being paid in full, the work was ineffective, incompetent and not fully warrantied.

6709 114th Avenue North seeks trial by jury, damages not limited to $20,000, costs, interest, attorney fees and other relief the court may deem just and proper. They are represented by attorneys Tom B. Stathopoulos and Heather R. Stathopoulos of Stathopoulos Law Group in Tarpon Springs.

Pinellas County Circuit Court case number 18CA2788 5/1




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