Apex i.I.T. Corp (APEX) was contracted to build a second level addition and renovate the first level. As part of the first level renovation, granite countertop for kitchen was allowed for in the contract price. The overall project was severely behind schedule and overran in costs. APEX and Kestutis Garnys (Kasper), its president, had signed two amendments to extend the deadlines and personally guaranteed to complete project. All amendments were violated and breached. Deadlines were not met and the project was left unfinished.
In April after the original completion date was missed, Casper asked for a $6,960 payment to help accelerate ordering granite and finishing the project. A specific payment earmarked for granite was made on 4/15/04. It later became clear that the granite was never ordered, because Kasper could not produce written quotes or firm delivery dates for the installation. He made up vague and false promises time after time.
On July 23, despite acknowledging he could not supply and install the granite countertops, he continued delaying and refusing a full refund immediately. Formal demand was faxed to request refund, but met with no success. A number of attempts were made to meet with Kasper to discuss resolution of this matter, but he continued to give false meeting dates, give excuses, and not returning phone calls to set up meeting.
A civil suit was brough against APEX and Kasper in August. The court found for the plaintiff and on December entered judgment against APEX I.I. T Corp ($57,804) and against Kasper personally ($15,718).
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