IN THE EIGHTH JUDICIAL DISTRICT COURT OF UINTAH COUNTY STATE OF UTAH

CRAIG OBERMUELLER and DIANNA OBERMUELLER, Plaintiffs, vs. JOE STAGG dba STAGG EXCAVATION SOLUTION, Defendant.
COMPLAINT
Case No.:
Judge:
Plaintiffs for cause of action against the Defendant allege as follows:
1. Defendant is a resident of Uintah County, Utah.
2. The causes of action arose in Uintah County, Utah.
3. Defendant entered into a contract with the Plaintiffs to provide certain excavation and construction work to provide a drain system around the Plaintiffs’ home to remove ground water and resolve water issues at the Plaintiffs’ home. A copy of bid is attached hereto.
4. The services were to be performed for a price of $20,000.00.
5. Plaintiffs paid the Defendant the $20,000.00.
6. The Defendant dug a short trench (part of which is on property not owned by the Plaintiffs) and put in some gravel which was of no benefit to the Plaintiffs and did not resolve the water issues.
7. The work that was performed by the Defendant had a value of $1,000 to $1,500 if another contractor had performed the work but provided no value to the Plaintiffs.
8. Plaintiffs were required to hire another contractor to provide the requested services.
9. Defendant has promised the Plaintiffs that he would return the $20,000.00 they paid but has failed to return the monies.
10. The work performed by the Defendant was faulty.
11. The Defendant is not a licensed contractor.
FIRST CAUSE OF ACTION
(Breach of Contract)
12. Plaintiffs and Defendant entered into a contract as set forth on the attached bid which work was to resolve ground water issues at the Plaintiffs’ home.
13. Defendant has breached that agreement and has failed to perform the agreed work.
14. Plaintiffs are entitled to a judgment against the Defendant for the $20,000.00 paid with interest and court costs.
SECOND CAUSE OF ACTION
(Unlicensed Contractor)
15. Defendant is not licensed by the state of Utah to perform excavation services.
16. Defendant is therefore not entitled to payment for services provided as an unlicensed contractor.
Wherefore it is requested that the court enter judgment in favor of the Plaintiffs and against the Defendant in the amount of $20,000.00 together with interest and costs.
Dated this 10th day of October, 2016.
ALLRED, BROTHERSON & HARRINGTON, P.C. Attorneys for Plaintiffs
By:/s/Clark B Allred
By:/s/Michael D. Harrington
Published in the Vernal Express March 7, 14 and 21, 2017.


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