The complaint alleges that the contractor was required to complete renovation of the client’s home pursuant to a “time of the essence” contract. The contractor failed to complete a substantial portion of the work within the time set forth in the contract, performed work without ensuring that necessary building, electrical, plumbing and fire permits were obtained in violation of local ordinances, resulting in two (2) work-stop orders issued by the local municipality, failed to show up in municipal court to face charges of commencing work without securing permits, resulting in an arrest warrant issued for Mr. Lembo, which is still in effect. Further, Mr. Lembo, installed a different type of beam, a cheaper lower quality bean than represented, resulting in cracks.
The case was heard by a single arbitrator, who found in favor of the homeowner, our client, and rejected the defenses of Fredco Group, LLC and Jason Lembo. The arbitrator awarded monetary damages to our client. Fredco Group, LLC and Jason Lembo refused to pay the award. A complaint was then filed in the Superior Court as to the AAA award. A judge issued an order requring Jason Lembo and Fredco Group LLC to pay the award. Fredco Group LLC and Jason Lembo refused to pay the award. A application was then made for a writ of execution for Jason Lembo and Fredo Group LLC, and separately to enforce an information subpoena on Fredco and Jason Lembo.