Grigsby's Carpet Showroom, Inc. d/b/a Grigsby's Carpet & Title v. South Tulsa Retirement, Inc., d/b/a Senior Suites

Grigsby's Carpet Showroom, Inc. d/b/a Grigsby's Carpet & Title sued South Tulsa Retirement, Inc., d/b/a Senior Suites on a breach of contract theory claiming:



1. The Defendant, Senior Suites, is indebted to Grigsby's in the amount of

$5,161.95 for certain labor performed and materials furnished to Senior Suites by Grigsby's at Senior Suites' special instance and request on contract.



2. The Plaintiff is entitled to all costs of this action, plus interest and a reasonable attorney's fee.



WHEREFORE, Plaintiff prays for judgment against the Defendant, South Tulsa Retirement, Inc. d/b/a Senior Suites, for the principal sum of $5,161.95 plus interest, costs and attorney fees.



COUNT II



COMES NOW the Plaintiff, and for its Second Count against the Defendant, Senior Suites, does reallege and incorporate by reference all allegations contained in paragraphs one and two, supra, as if set forth below in their entirety, and does further allege:



3. On or about the 5th day of November, 2012, and within four (4) months of its performing labor and furnishing materials as alleged hereinabove, the Plaintiff filed a duly verified Mechanic's or Materialmen's Lien, in the amount of $5,161.95, a copy of which is attached hereto, marked Exhibit "A” and incorporated by reference, said lien being recorded as document number 2012016094 with the Clerk for the County of Tulsa, State of Oklahoma, against the real property described

on Exhibit B, attached hereto.



Notice of said lien was sent to the record landowner, pursuant to 42 O.S. § 143.1.



4. The Defendant, Senior Suites, claims some right, title or interest in and to the above-described real property, and should come forth to assert any such right, title or interest, so that the same may be determined herein, or forever be barred from asserting any such right, title or interest.



WHEREFORE, the Plaintift Grigsby's Carpet Showroom, Inc. dlbfa Grigsby's Carpet & Tile, prays for judgment against the Defendant, South Tulsa Retirement, Inc. d/b/a Senior Suites, for the principal sum of $5,161.95, plus interest, a reasonable attorney's fee and all costs of the action.



FURTHERMORE, the Plaintiff, Grigsby's Carpet Showroom, Inc. dlb/a Grigsby's Carpet & Tile, prays that the Court ascertain and determine the Plaintiffs lien rights in and to the hereinabove described real property, and foreclose its lien thereon; that said real property be ordered sold, subject to any existing mortgages and liens, according to law, the proceeds of said sale used to satisfy the amounts now due and owing to the Plaintiff, and the residue, if any, be applied as the Court may direct.



FURTHERMORE, the Plaintiff, Grigsby's Carpet Showroom, Inc. d/b/a Grigsby's Carpet & Tile, respectfully requests that it be granted such other and further relief as the Court may deem just and proper.



Defendant, South Tulsa Retirement, Inc. d/b/a Senior Suites, appeared, answered and counterclaimed, as follows:



1. In response to Paragraph 1 of the Petition, Senior Suites admits that it entered into a contract under which Grigsby's agreed to provide labor and materials related to the installation of floor covering (the "Contract”). Senior Suites denies that Grigsby's performed under the Contract or is entitled to any compensation thereunder. Paragraph 1 is otherwise denied.



2. Paragraph 2 of the Petition states a legal conclusion that requires no response. Senior Suites denies that Grigsby's is entitled to any relief.



3. The documents referenced in Paragraph 3 of the Petition speak for themselves. Senior Suites denies that those documents were filed of record in sufficient time to constitute a valid lien. Senior Suites denies that notice of the lien was served on the record landowner as required by law. To the extent Paragraph 3 requires further response, it is denied.



4. In response to Paragraph 4 of the Petition, Senior Suites admits that it claims an interest in the property, and denies that Grigsby's holds any such right, title, or interest. To the extent Paragraph 4 requires further response, it is denied.



5. In response to the various prayers for relief in the Petition, Senior Suites denies that Grigsby's is entitled to any recovery, decree of foreclosure, or other relief in this matter.



6. For its affirmative defenses, Senior Suites states that the claims asserted by Grigsby's are barred, in whole or in part, but the doctrines of estoppel, laches, release, ratification, acquiescence, waiver, and failure of consideration.



7. Senior Suites prays that Grigsby's take nothing by its Petition, that the subject mechanic's or materialmen's lien(s) filed by Grigsby's be released, and that Senior Suites be awarded its fees and costs.



FIRST COUNTERCLAIM - BREACH OF CONTRACT



8. Senior Suites re-alleges and incorporates the preceding numbered paragraphs.



9. Grigsby's contracted to provide labor and services to Senior Suites related to the installation of floor covering (the "Work”).



10. Grigsby's has not completed the Work as contracted for, and has not completed the Work in a good and workmanlike fashion.



11. Grigsby's has refused and failed, on notice, to correct the deficiencies in its Work.



12. Due to Grigsby's failure to perform the Work as required by the Contract, Senior Suites has sustained damages, including the need to remove the floor covering that was improperly installed by Grigsby's, and have replacement covering installed properly.



13. Senior Suites is entitled to damages arising from Grigsby's breach of the Contract, including costs to cover, as well as other direct and consequential damages.



14. Senior Suites prays for a judgment and decree that Senior Suites owes Grigsby's nothing under the Contract or for the Work; that Grisgby's owes Senior Suites damages for breach of the Contract in an amount to be determined at trial, with interest; and that Senior Suites is entitled to recover its attorney fees and costs from Grigsby's.



SECOND COUNTERCLAIM - BREACH OF WARRANTY



15. Senior Suites re-alleges and incorporates the preceding numbered paragraphs.



16. The actions of Grigsby's constitute a breach of warranty, express and/or implied, thus entitling Senior Suites to recover damages and other relief.



THIRD COUNTERCLAIM - NEGLIGENCE



17. Senior Suites re-alleges and incorporates the preceding numbered paragraphs.



18. Grigsby's performed the Work in a negligent manner, resulting in injury to Senior Suites and entitling Senior Suites to recover damages and other relief.



WHEREFORE, Senior Suites requests that the Court:



1. Enter a judgment in favor of Senior Suites on the claims of Grigsby's;



2. Order that the mechanic's or materialmen's lien(s) asserted by Grigsby's against Senior Suites' property be released;



3. Award Senior Suites direct and consequential damages on its counterclaims for breach of contract, breach of warranty, and negligence, with interest;



4. Require Grigsby's to pay Senior Suites' attorney fees and costs; and



5. Grant Senior Suites any additional relief the Court deems just and proper.

Settled with joint stipulation with prejudice.