Chris Kachiroubas

e-filed in the 18th Judicial Circuit Court

DuPage County
ENVELOPE: 9460559
2020AR000593
FILEDATE: 6/11/2020 3:18 PM
STATE OF ILLINOIS ) Date Submitted: 6/11/2020 3:18 PM
Date Accepted: 6/11/2020 3:59 PM
) SS MM
COUNTY OF DUPAGE )

IN THE CIRCUIT COURT FOR THE EIGHTEENTH JUDICIAL CIRCUIT

COUNTY OF DUPAGE, STATE OF ILLINOIS

MICHAEL MARTIN and MEGAN MARTIN Case No:

Plaintiffs,
2020AR000593
vs.

EDMUND KAVANAUGH, individually and d/b/a

GOLIATH CHICAGO; GOLIATH
CONSTRUCTION CORPORATION, an Illinois
corporation,

Defendants.

VERIFIED COMPLAINT

NOW COMES the Plaintiffs, MICHAEL MARTIN and MEGAN MARTIN, by and

through their attorneys, DUNN MARTIN & MILLER, LTD., and complaining of Defendants,

EDMUND KAVANAUGH, individually and d/b/a GOLIATH CHICAGO, and GOLIATH

CONSTRUCTION CORPORATION, an Illinois corporation, state as follows:

FACTS COMMON TO ALL COUNTS

1. Plaintiffs, MICHAEL MARTIN (“Michael”) and MEGAN MARTIN (“Megan”)

are the owners of the property commonly known as 913 Oakwood Terrace, Hinsdale, DuPage

County, Illinois 60521 (the “Property”) with Michael and Megan collectively referred to as the

“Martins.”

2. On information and belief, Defendant, EDMUND KAVANAUGH (“Kavanaugh”)

is an individual who resides at 695 S. Washington Street, Elmhurst, DuPage County, Illinois

60126.

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 3. On information and belief, Kavanaugh goes by a variety of different aliases

including, but not limited to, Edmund, Eddie, Eddie Jr., Rob, Robert and has represented, including

to Megan, that his last name is spell Cavanaugh.

4. On information and belief, Defendant, GOLIATH CONSTRUCTION

CORPORATION (“Goliath Construction”) is an Illinois corporation with a principal place of

business of 695 S. Washington Street, Elmhurst, DuPage County, Illinois 60126.

5. On information and belief, Kavanaugh is the president and registered agent of

Goliath Construction.

6. On or about January 17, 2020 Megan posted a recommendation request in the

Hinsdale Mom’s Facebook Group n/k/a Hinsdale Area Parents Facebook Group (the “Facebook

Group”) asking for recommendations for a fence contractor.

7. In response to Megan’s recommendation request posted in the Facebook Group a

Facebook user named Jessica Munoz responded by posting a recommendation for “Ed from

Goliath” and provided the following phone number 708-632-3192.

8. On information and belief, the Facebook user account Jessica Munoz is a fake

profile account created and/or controlled by Kavanaugh.

9. The recommendation posted by the Facebook user account Jessica Munoz was later

deleted sometime after February 1, 2020 and before March 30, 2020 on a date better known to

Kavanaugh.

10. On information and belief, 708-632-3192 is the phone number of Kavanaugh.

11. On information and belief, Kavanaugh also utilizes the phone number 708-970-

3901 and several other phone numbers.

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 12. On information and belief, Kavanaugh uses or directs the owner of the Facebook

user account Jessica Munoz to make false recommendations recommending himself or companies

owned or controlled by him for various home repair and remodeling, as defined in the Illinois

Home Repair and Remodeling Act, 815 ILCS 513/1 et seq., (the “Home Repair Act”) or for

appliance repairs in numerous local mom’s and parent’s Facebook groups in the suburbs of

Chicago. A true and correct copy of the Facebook profile for Jessica Munoz and some of the

recommendations made by the Facebook user Jessica Munoz in local mom’s and parents Facebook

groups are attached hereto as Exhibit # 1.

13. On information and belief, Kavanaugh has also created or has control over another

fake Facebook user account Alexis Dominic which he uses or directs the owner of to post

additional false recommendations recommending himself or companies owned or controlled by

him for various home repair and remodeling, as defined in the Home Repair Act, in numerous

local mom’s and parent’s Facebook groups in the suburbs of Chicago. A true and correct copy of

the Facebook profile for Alexis Dominic and some of the recommendations made by the Facebook

user Alexis Dominic in local mom’s and parents Facebook groups are attached hereto as Exhibit

# 2.

14. On January 25, 2020, based on the recommendation from the Facebook user Jessica

Munoz posted in the Facebook Group, Megan contacted Kavanaugh requesting if he could provide

an estimate to install a new fence at the Property.

15. On January 25, 2020, Kavanaugh came to the Property to take measurements to

prepare the fence estimate.

16. On January 25, 2020, Kavanaugh represented to Megan that he could perform

additional work to the Property including, but not limited to, removing and installing a new

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concrete sidewalk along the south side of the home of the Property, repairing the cracks in the

concrete front walk in front of the garage of the home on the Property; removing a portion of the

front porch and replacing with Unilock brick pavers; and installing Unilock brick pavers over the

portion of the front porch not removed.

17. On January 25, 2020, Kavanaugh represented to Megan that his name was “Ed

Cavanaugh” and his company was called Goliath Chicago.

18. On January 28, 2020, Kavanaugh represented to Megan the total cost of the fence

would be $4,150.00, the cost to install brick pavers would be $1,750.00 and there would be no

charge to replace the cracks in the concrete sidewalk. A true and correct copy of the email chain

between Megan and Kavanaugh dated January 28, 2020 is attached hereto as Exhibit # 3

19. The January 28, 2020 email was signed by Kavanaugh as “Goliath Chicago.”

20. On January 29, 2020, Kavanaugh came to the Property and provided Michael with

an updated written Proposal that included the cost to completely remove and install a new concrete

front walk in front of the garage and not just repair a portion of the concrete walk for the total cost

of $7,950.00 (the “January 29 Proposal”). A true and correct copy of which is attached hereto as

Exhibit # 4.

21. The January 29 Proposal states the contractor is “Goliath” and provides P.O. Box

7403, Villa Park, Illinois 60164 as the address for the contractor.

22. Upon information and belief, P.O. Box 7403 is registered to Kavanaugh.

23. Prior to Michael accepting the January 29 Proposal, Kavanaugh represented to

Michael that he would obtain the permits from the Village of Hinsdale (the “Village”) for all work

to be completed and specifically requested the Martins do not apply for any Village permits.

4
 24. The January 29 Proposal states all work would be completed within ten (10) days

with an anticipated start date of February 3, 2020.

25. On January 29, 2020 the Martins accepted the January 29 Proposal and the Martins

paid Kavanaugh the sum of $3,950.00 made payable to Goliath Construction at the request of

Kavanaugh, half of the total amount owed under the January 29 Proposal.

26. On January 29, 2020, Michael emailed Kavanaugh a copy of the Martins plat of

survey of the Property so Kavanaugh could obtain the necessary permits from the Village of

Hinsdale for the work contracted for.

27. On January 31, 2020 and February 1, 2020, Kavanaugh and/or Goliath Construction

began removing a portion of the front porch that was to be removed and a portion of the concrete

sidewalk along the south side of the house.

28. On or about February 1, 2020, Kavanaugh brought a sample brick paver to the

house which he represented to Megan was a Unilock brick paver and would be the brick paver that

would be installed at the Property.

29. On February 1, 2020, Kavanaugh represented to Megan that the asphalt driveway

at the Property was in need of replacement.

30. On February 1, 2020, Kavanaugh represented to Megan he could remove the

existing asphalt driveway at the Property and install a new concrete driveway.

31. On February 3, 2020, Kavanaugh represented to Megan the cost for the driveway

would be $5,500.00 plus an additional $500.00 to lay an extra stone base for $6,000.00 total.

32. On or about February 4, 2020, Kavanaugh and/or Goliath Construction, utilizing a

bobcat or similar like machine, completely removed the current asphalt driveway at the Property

and finished the removal of the front porch and concrete slab on the Property.

5
 33. Upon information and belief, Kavanaugh and/or Goliath Construction did not lay a

proper stone base that was level and had sufficient depth to allow for the pouring of concrete on

the driveway and sidewalk.

34. On February 4, 2020, while the removal of the driveway was occurring Kavanaugh

provided Megan a written proposal to remove the existing asphalt driveway and install a new

concrete driveway for the total sum of $6,000.00 (the “February 4 Proposal”), a true and correct

copy of which is attached hereto as Exhibit # 5.

35. The February 4 Proposal states the contractor is Goliath and provides the same P.O.

Box as the mailing address for the contractor as the January 29 Proposal.

36. On February 4, 2020, the Martins paid Kavanaugh an additional $3,000.00 made

payable to Goliath Construction at the request of Kavanaugh, or half of the total cost to complete

the work in the February 4 Proposal.

37. While removing the current asphalt driveway, front porch and concrete sidewalk

Kavanaugh and/or Goliath Construction caused additional damage to the Property including, but

not limited to, damaging the front and side yard by leaving large tire tracks from the bobcat used

to remove the driveway, cutting and digging up a buried landscape lighting chord and removing

or damaging certain portions of the landscaping that did not need to be removed or relocated.

38. In addition, Kavanaugh and/or Goliath Construction left numerous construction

debris, wood and asphalt pieces and garbage all over the Property after completing work on

February 4, 2020.

39. On February 7, 2020 Michael contacted Kavanaugh and asked when he would be

coming back to finish the job.

6
 40. On February 7, 2020, Kavanaugh responded to Michael and said his workers would

be there on February 10, 2020.

41. On February 10, 2020, Kavanaugh and/or Goliath Construction came and partially

installed brick pavers over the concrete portion of the front porch that was not removed.

42. On February 12, 2020, Kavanaugh and/or Goliath Construction did some additional

work to the brick pavers installed over the portion of the front porch that was not removed and

began laying the brick pavers for the portion of the front porch that was not removed; however,

the front porch was not completed on February 12, 2020.

43. On February 12, 2020, the Martins paid Kavanaugh an additional $3,000.00 made

payable to Goliath Construction at the request of Kavanaugh, or the remaining balance owed for

the February 4 Proposal.

44. On February 18, 2020, Kavanaugh represented to Megan the concrete sidewalk

along the side of the house and the front of the garage was going to be installed on February 20,

2020.

45. On February 20, 2020, Kavanaugh represented to Megan it was too cold to work

but that he would come back on February 21,2020.

46. On February 21, 2020, Kavanaugh represented to Megan it was still too cold to

work but that he would come back on March 2, 2020.

47. On March 2, 2020, Kavanaugh represented to Megan it was still too cold to work

and that he needed to order additional gravel for the base of the driveway, but would come back

to work on March 3, 2020.

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 48. On March 3, 2020, Kavanaugh and/or Goliath Construction did not show up to

work at the Property and Kavanaugh did not respond to any attempts by the Martins to contact

him.

49. On March 6, 2020, Kavanaugh represented to Megan that the delay was caused by

a death in his family.

50. On March 6, 2020, in a subsequent phone conversation with Megan, Kavanaugh

admitted that he had not filed for a permit with the Village; but represented he would right away.

Kavanaugh also demanded Megan pay the permit fee to the Village.

51. On March 10, 2020, Kavanaugh admitted in a phone conversation with Michael

that he had still not filed for a permit with the Village.

52. On March 10, 2020, Kavanaugh refused to provide Michael a date in which he

could complete the work or apply for the permit; and also threatened to stop work immediately

and walk off the job without completing it.

53. Sometime after March 11, 2020 and before March 20, 2020, on a date better known

to Kavanaugh, Kavanaugh and/or Goliath Construction removed the remaining brick pavers from

the Property needed to complete the front porch.

54. Upon information and belief, Kavanaugh used the brick pavers removed from the

Property to install a new front porch at his current residence.

55. On March 13, 2020, Kavanaugh represented to Megan the permit fee for the Village

was $690 although $300 was for a refundable bond that would be returned to the Martins upon

completion and that he had submitted the permit and paid the fee to the Village.

56. On March 13, 2020, Kavanaugh represented to Megan the fence would be installed

on March 17, 2020.

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 57. On March 13, 2020, Kavanaugh represented to Megan that the delay in the

driveway was related to the Village’s review of the concrete sections.

58. On March 13, 2020, the Martins paid Kavanaugh an additional $690 made payable

to Goliath Construction at Kavanaugh’s request, the amount Kavanaugh represented was for the

permit fee including the $300 refundable bond.

59. On March 17, 2020, Kavanaugh or Goliath Construction did not show up to work

at the Property.

60. On March 20, 2020, Kavanaugh represented to Megan he would be starting next

week once the permit was issued by the Village of Hinsdale.

61. Late in the day on March 20, 2020, Kavanaugh told Megan he could not complete

the work because of the Covid-19 shutdown order; and Kavanaugh admitted that he had not

ordered any of the materials or supplies necessary to complete the fence and driveway.

62. On both March 21, 2020 and March 23, 2020, Megan informed Kavanaugh that the

Covid-19 shutdown order did not prevent him from performing the work; and that the Martins had

no objection to him completing the work on the Property.

63. On March 24, 2020, the Village confirmed with Michael that it had not received a

permit from Kavanaugh or Goliath Construction.

64. On March 24, 2020, Michael contact Kavanaugh regarding the permit, who

responded to both Michael and Megan that the permit had to be amended and was being dropped

off today.

65. On March 25, 2020, the Village confirmed it had received the permit application.

66. On March 25, 2020, Kavanaugh represented to Megan that the driveway would be

poured when the permit was issued.

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 67. On March 31, 2020, Kavanaugh represented to Megan that he would start pouring

the driveway on April 6, 2020.

68. On April 6, 2020, Kavanaugh or Goliath Construction did not show up at the

Property to perform any work.

69. On April 6, 2020, Kavanaugh refused to provide the Martins a date when he or

Goliath Construction would be complete the work remaining.

70. On April 6, 2020, Kavanaugh informed Megan that he was no longer going to

remove and install the new fence contained in the January 29 Proposal and he refused to provide

a refund of any of the money deposited towards the fence.

71. On April 6, 2020, in a subsequent phone conversation with Megan, Kavanaugh

informed Megan that he would also not be completing the remainder of the work to the front porch

or the driveway and would not be coming back to the Property and they could just see him in court.

Kavanaugh also threatened Megan that he would file a lien against the Property.

72. During his conversations with Megan on April 6, 2020, Kavanaugh also made

numerous vulgar and threatening statements to Megan and Megan filed a police report with the

Village of Hinsdale Police Department.

73. On April 6, 2020, the Village confirmed the permit had been issued and also

confirmed that the permit fee was $250 with a $500 refundable bond; however, the permit fee had

not been paid by Kavanaugh or Goliath Construction.

74. On April 6, 2020, Michael sent Kavanaugh correspondence terminating the January

29 Proposal and the February 29 Proposal due to Kavanaugh’s and/or Goliath Construction’s

repeated breaches of the contract, fraudulent conduct and representations and failures to disclose

material facts; requesting Kavanaugh and/or Goliath Construction provide a contractor’s sworn

10
statement in accordance with Section 60/5 of the Illinois Mechanic’s Lien Act; and requesting

Kavanaugh refund a portion of the money the Martins had paid. A true and correct copy of the

April 6 & 7, 2020 email chain between Michael and Kavanaugh is attached hereto as Exhibit # 6.

75. On April 7, 2020, Kavanaugh responded to Michael and refused to refund any

monies and refused to provide the contractor’s sworn statement.

76. On April 6, 2020, Kavanaugh also represented to Michael one or more of the

fraudulent statements regarding the work completed:

a. That two full pallets of Unilock pavers were installed on the front porch;

b. That the pavers installed were Unilock pavers;

c. That four inches of compact stone were installed for the base of the driveway;

d. That four inches of compact stone was installed and formed for the concrete sidewalk;

and

e. That all of the asphalt and concrete was removed so the concrete driveway and sidewalk

could be poured.

77. Upon information and belief, the brick pavers installed by Kavanaugh are either a

Valestone Hardscape or a Paverstone Brick Paver sold at Home Depot or other similar like big box

store that are no longer available or can only be ordered as a special order as a full pallet of

approximately 180 pieces.

78. The Martins need approximately 15 brick pavers of those installed to complete the

front porch; or will need to install an entire new edge of matching pavers, approximately 50 pavers,

to the complete the front porch.

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 Count I
Breach of Contract

1-78. The Martins reallege and restate paragraphs 1-78 of Facts Common to all Counts

as paragraphs 1-78 of this Count I.

79. That Kavanaugh and/or Goliath Construction’s conduct as described herein

constitutes a material breach of the January 29 Proposal and the February 4 Proposal.

80. The Martins performed all of their duties of the January 29 Proposal and the

February 4 Proposal including, but not limited to, paying Kavanaugh the total sum of $10,640; and

were ready, willing and able to perform any remaining duties until Kavanaugh informed them on

April 6, 2020 that Kavanaugh and/or Goliath Construction would not be doing the work contracted

for.

81. That as result of one or more of the material breaches of Kavanaugh and/or Goliath,

the Martins have suffered damages including, but not limited to, spending sums to repair the

damage to the Property and to repair or replace the shoddy and unworkmanlike work completed

to the Property in excess of $10,000 at an amount to be determined at trial and will in the future

have to spend funds to complete the repair of the front porch.

WHEREFORE, Plaintiffs, Michael Martin and Megan Martin, prays this Honorable Court

grant the following relief:

A. Enter judgment in Plaintiffs’ favor and against Defendant, Edmund Kavanaugh,

individually or d/b/a Goliath Chicago, and award Plaintiffs their damages in excess of

Ten Thousand Dollars ($10,000.00) but less than Fifty Thousand Dollars ($50,000);

B. In the alternative enter judgment in Plaintiffs’ favor and against Defendant, Goliath

Construction Corporation, and award Plaintiffs their damages in excess of Ten

Thousand Dollars ($10,000.00) but less than Fifty Thousand Dollars ($50,000);

12
 C. Award Plaintiffs’ their reasonable costs; and

D. Grant such further relief this Court deems just and proper.

Count II
Fraud

1-78. The Martins reallege and restate paragraphs 1-78 of Facts Common to all Counts

as paragraphs 1-78 of this Count II.

79. Upon information and belief, as part of one or more of his past guilty pleas or

convictions related to criminal violations of the Home Repair Act or similar like charges or his

current bond conditions for current pending criminal violations of the Home Repair Act or similar

like charges, Kavanaugh is enjoined and was enjoined from January 29, 2020 through April 6,

2020 from performing or owning a company that performs any type of home repair and remodeling

work as defined in the Home Repair Act.

80. Kavanaugh failed to disclose to the Martins that he was enjoined from performing

or owning a company that performs home and repair remodeling works as defined in the Home

Repair Act prior to the Martins accepting the January 29 Proposal and the February 4 Proposal.

81. Kavanaugh also made one or more of his fraudulent representations or failed to

disclose material facts to the Martins as described herein for the purposes of inducing the Martins

to enter into the January 29 Proposal and the February 4 Proposal.

82. Kavanaugh knew or should have known his representations to the Martins were

fraudulent or that he failed to disclose material facts.

83. The Martins reasonably relied on Kavanaugh’s representations and failure to

disclose material facts to their detriment.

84. Kavanaugh knew or should have reasonably known the Martins would be damaged

by Kavanaugh’s false representations and failure to disclose material facts.

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 85. As a direct and proximate result of Kavanaugh’s false representations and failure

to disclose material facts, the Martins have suffered damages including, but not limited to,

spending sums to repair the damage to the Property and spending sums to repair or replace the

shoddy and unworkmanlike work completed to the Property in excess of $10,000 at an amount to

be determined at trial and will in the future have to spend funds to complete the repair of the front

porch.

WHEREFORE, Plaintiffs, Michael Martin and Megan Martin, prays this Honorable Court

grant the following relief:

A. Enter judgment in Plaintiffs’ favor and against Defendant, Edmund Kavanaugh,

individually or d/b/a Goliath Chicago, and Defendant, Goliath Construction

Corporation, jointly and severally, and award Plaintiffs their damages in excess of Ten

Thousand Dollars ($10,000.00) but less than Fifty Thousand Dollars ($50,000),

including punitive damages;

B. Award Plaintiffs’ their reasonable attorneys’ fees and costs; and

C. Grant such further relief this Court deems just and proper.

Count III
Consumer Fraud

1-85. The Martins hereby realleges and restates paragraphs 1-85 of Count II as

paragraphs 1-83 of this Count III.

86. Kavanaugh’s conduct, fraudulent representations and failure to disclose material

facts as described herein constitute a violation of the Consumer Fraud and Business Deceptive

Practice Act, 815 ILCS 505/1 et seq. (the “Consumer Fraud Act”).

87. Kavanaugh is in the business of home repair and remodeling as defined in the Home

Repair Act.

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 88. Goliath Construction is in the business of home repair and remodeling as defined

in the Home Repair Act.

89. The single-family residence located the Property is a residence as defined in the

Home Repair Act.

90. The work performed by Kavanaugh and/or Goliath Construction to the Property is

home repair and remodeling work as defined in the Home Repair Act.

91. Kavanaugh and/or Goliath Construction failed to provide the Martins with a copy

of the Home Repair: Know Your Consumer Rights pamphlet in accordance with the Home Repair

Act prior to the Martins accepting the January 29 Proposal and the February 4 Proposal.

92. Kavanaugh’s and/or Goliath Construction’s violations of the Home Repair Act

constitute an unlawful practice under the Consumer Fraud Act.

93. As a direct and proximate result of Kavanaugh’s violations of the Home Repair Act

and unlawful practices in violation of the Consumer Fraud Act, the Martins have suffered damages

including, but not limited to, spending sums to repair the damage to the Property and spending

sums to repair or replace the shoddy and unworkmanlike work completed to the Property in excess

of $10,000 at an amount to be determined at trial and will in the future have to spend funds to

complete the repair of the front porch.

94. The Martins are entitled to an award of reasonable attorney’s fees and costs pursuant to

the Consumer Fraud Act.

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4/9/2020 Jessica Munoz

Jessica Munoz Michael Home Create

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DO YOU KNOW JESSICA?

If you know Jessica, send her a message.

Intro Jessica Munoz updated her cover photo.

June 3, 2019 ·
I am fun loving and very loyal to my friends and
family. I love helping the elderly and animals.

Lives in Chicago, Illinois

From Chicago, Illinois

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4/9/2020 Jessica Munoz

https://www.facebook.com/profile.php?id=100028730443466 2/2
Exhibit # 1
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4/20/2020 Alexis Dominic

Alexis Dominic Michael Home Create

Alexis Dominic Message

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Photos Alexis Dominic updated her cover photo.

February 23 ·

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4/14/2020 Dunn, Martin, Miller & Heathcock, Ltd Mail - Fwd: Fence Proposal

Mike R. Martin <mikermartin@willcountylaw.com>

Fwd: Fence Proposal

Megan Richards Martin <mrichardsmartin@yahoo.com> Wed, Apr 8, 2020 at 5:20 PM
To: Michael Martin <mikermartin@willcountylaw.com>

Sent from my iPhone

Begin forwarded message:

From: Goliath Construction Corporation <goliathchicago@gmail.com>

Date: January 28, 2020 at 9:32:31 AM CST
To: Megan Richards Martin <mrichardsmartin@yahoo.com>
Subject: Re: Fence Proposal

Hello
No charge on the concrete cracks
The Brick Overlay on the stoop is 1750.00

Sent from my iPhone

On Jan 28, 2020, at 9:07 AM, Megan Richards Martin <mrichardsmartin@yahoo.com> wrote:

Thanks! Let's do it. What about the cost estimate for the cracks in the
cement and the brick overlay on the front porch?

~Megan R. Martin

On Tuesday, January 28, 2020, 08:47:24 AM CST, Goliath Construction Corporation

<goliathchicago@gmail.com> wrote:

Hello thank you for the opportunity to estimate the new fence.
We will remove the existing wooden fence
We will remove all construction debris off property.
We will install 21 section of six foot white vinyl privacy fence.
We will install two four foot width gates
All posts will be secure with concrete
Five year warranty on parts and Labor
Total Cost 4,150.00
Time frame three days
Thank you
Goliath Chicago
708 632 3192

https://mail.google.com/mail/u/0?ik=3ce0ccbe61&view=pt&search=all&permmsgid=msg-f%3A1663444616865415318&simpl=msg-f%3A16634446168… 1/1
Exhibit # 3
Exhibit # 4
Exhibit # 5
5/14/2020 Dunn, Martin, Miller & Heathcock, Ltd Mail - Re: 913 Oakwood Terrace, Hinsdale, IL

Mike R. Martin <mikermartin@willcountylaw.com>

Re: 913 Oakwood Terrace, Hinsdale, IL

Goliath Construction Corporation <goliathchicago@gmail.com> Tue, Apr 7, 2020 at 8:52 AM
To: "Michael R. Martin" <mikermartin@willcountylaw.com>

Goliath Construction Corporation is denying any offers from you for any type of settlement.
Goliath has performed the following:
Install Unilock Pavers on Front stoop being
West Side Elevation.
Goliath has removed the concrete Sidewalk leading to stoop.
Goliath has excavated the earth under the sidewalk and installed six inches of compacted gravel.
Goliath has installed two pallets of Unilock pavers on sidewalk
Goliath has secured those pavers with edge restraints
Goliath has removed two layers of approx
1000 square feet of Asphalt.
Goliath has removed the Asphalt from property
Goliath has installed four inches of compacted stone for base of driveway.
Goliath has formed the driveway to be ready for concrete pour.
Goliath has removed the concrete on the South Side of property leading to service door.
Goliath has excavated earth and installed
Four inches of compacted stone and formed the sidewalk for ready mix concrete.
Goliath has applied for all Village of Hinsdale permits.
Til this date the permits are not approved.
Goliath is is no position to offer any settlement or accept any settlement.
Goliath is not a general contractor to issue sworn statements of subcontractors to this job.
Goliath is the sole contractor to this property.
To date Goliath has not filed any Mechanic Lien on this property.
Goliath is ready willingly and able to complete the contract at this property.

On Apr 6, 2020, at 8:32 PM, Michael R. Martin <mikermartin@willcountylaw.com> wrote:

Sir

The Village is already aware of your conduct and nothing we have done has impeded you or Goliath’s
ability to complete the work contracted for.

Michael R. Martin
Dunn, Martin, Miller & Heathcock, Ltd.
15 West Jefferson Street, Suite 300
Joliet, Illinois 60432
(815) 726-7312
mikermartin@willcountylaw.com

On Apr 6, 2020, at 8:08 PM, Goliath Construction Corporation <goliathchicago@gmail.com>

wrote:

https://mail.google.com/mail/u/0?ik=3ce0ccbe61&view=pt&search=all&permmsgid=msg-f%3A1663322060519777350&simpl=msg-f%3A16633220605… 1/1
Exhibit # 6
6/2/2020 Dunn, Martin, Miller & Heathcock, Ltd Mail - Re: 913 Oakwood Terrace, Hinsdale, IL

Mike R. Martin <mikermartin@willcountylaw.com>

Re: 913 Oakwood Terrace, Hinsdale, IL

1 message

Goliath Construction Corporation <goliathchicago@gmail.com> Mon, Apr 6, 2020 at 8:08 PM

To: "Mike R. Martin" <mikermartin@willcountylaw.com>

We will forward this to the village of Hinsdale. At this point your permit is not ready at the Village of Hinsdale.
This hinders Goliath Construction Corp from any work at this time.

On Apr 6, 2020, at 7:24 PM, Mike R. Martin <mikermartin@willcountylaw.com> wrote:

Dear Mr. Kavanaugh:

The purpose of this correspondence is to declare you entered into with my wife, Megan Martin, and I to
perform work at 913 Oakwood Terrace, Hinsdale, Illinois 60521 (the "Property"). You have failed to abide
by the terms of the contract by failing to complete the work contracted for in a timely and workmanlike
manner. In addition, you have made numerous fraudulent statements and have engaged in additional
improper and fraudulent conduct that not only sustain a cause of action for common law fraud but are
violations of numerous Illinois State Statutes including, but not limited to, the Illinois Consumer Fraud and
Deceptive Business Practices Act and the Home Repair and Remodeling Act. You should also be aware
that we are in the process of pursuing all remedies available to us in law and equity against you and Goliath
Construction Corporation.

However, solely as an offer of compromise and settlement we demand an immediate refund of $8,500 of
the $10,640 you have been paid in exchange for the execution of a mutual release to be entered into by all
parties. This amount takes into consideration the partial work completed to our front step and front walk
which as you are aware is only partially completed and will cost us additional sums to be completed. If such
payment is not received and the release executed by Friday, April 10, 2020 please consider this offer
withdrawn. Should you also attempt to lien the Property as you recently threatened my wife with, I will
consider it an improper slander of title and please consider this offer of settlement withdrawn.

Please note that any attempt by your or your agents or employees to enter the Property will be
considered an act of trespass and any attempts to harass, threaten or intimate myself or my family
will be reported to the authorities.

In addition, I demand you immediately produce a contractor's sworn statement in accordance with
section 60/5 of the Illinois Mechanic's Lien Act for any work done by you or Goliath Construction
Corporation at the Property. The contents of this letter are for settlement purposes only and in no way
constitute an admission of liability or fact on behalf of myself or Megan Martin. If you are represented by
legal counsel please forward this correspondence to your attorney.

Kindly contact me if you would like to discuss this matter.

Very truly yours,

--
Michael R. Martin
Dunn, Martin, & Miller, Ltd.
15 West Jefferson Street, Suite 300
Joliet, Illinois 60432
Phone: (815) 726-7311
Fax: (815) 726-2644
Email: mikermartin@willcountylaw.com

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Exhibit # 6
6/2/2020 Dunn, Martin, Miller & Heathcock, Ltd Mail - Re: 913 Oakwood Terrace, Hinsdale, IL
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Exhibit # 6