SHAF - December Amended Complaint 11-15-23
SHAF - December Amended Complaint 11-15-23
SHAF - December Amended Complaint 11-15-23
11/21/2023 2:11 PM
ERIN CARTWRIGHT WEINSTEIN
Clerk of the Circuit Court
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE
Lake County, Illinois
COUNTY, ILLINOIS
Plaintiffs,
vs.
Defendants.
NOW COME Plaintiffs, DANIEL ETOH, TONIA ETOH, JAMES AKMAKJIAN and
ANNAMARIE STORNELLO, by and through their attorneys, TORRES LAW, LLC, and for their
Complaint at Law against Defendants, ADAM SHAF, DEREK SHAF, DEBRA SHAF, SAMUEL
KIM, BACKYARD ESCAPE LLC, an Illinois Limited Liability Company, BUILD N BUILD
LLC, an Illinois Limited Liability Company, LAKE ZURICH BUILDING GROUP LLC, an
Illinois Limited Liability Company, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
LUXE DESIGN BUILD GROUP, an Illinois Limited Liability Company, SHAF BUILDERS, an
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Illinois business, ZURICH BUILDERS, an Illinois business, LZ BUILDING ADVISOR, an
INTERIOR DESIGN, an Illinois business, and EPOXY FLOOR TECH, LLC (both individually
1. This is an action seeking the determination and corresponding relief relative to claims for
breach of contract, misrepresentation, fraud, negligence, joint venture, vicarious liability and
violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505).
2. At all times relevant, Plaintiff, DANIEL ETOH, resided in the County of Lake and State
of Illinois.
3. At all times relevant, Plaintiff, TONIA ETOH, resided in the County of Lake and State of
Illinois.
4. At all times relevant, Plaintiff, JAMES AKMAKJIAN, resided in the County of Lake and
State of Illinois.
6. At all times relevant, Defendant, ADAM SHAF, was conducting ongoing business and/or
7. At all times relevant, Defendant, DEREK SHAF, was conducting ongoing business and/or
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8. At all times relevant, Defendant, DEBRA SHAF, was conducting ongoing business and/or
9. At all times relevant, Defendant, SAMUEL KIM, was conducting ongoing business
10. At all times relevant, Defendant, BACKYARD ESCAPE LLC, was an Illinois limited
liability company that conducted business in the County of Lake and State of Illinois.
11. At all times relevant, Defendant, ZURICH BUILDERS, was an Illinois business that
12. At all times relevant, Defendant, SHAF BUILDERS, was an Illinois company that
13. At all times relevant, Defendant, BUILD N BUILD LLC, was an Illinois limited liability
company that conducted business in the County of Lake and State of Illinois.
14. At all times relevant, Defendant, LAKE ZURICH BUILDING GROUP LLC, was an
Illinois limited liability company that conducted business in the County of Lake and State of
Illinois.
15. At all times relevant, Defendant, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
LUXE DESIGN BUILD GROUP, was an Illinois limited liability company that conducted
16. At all times relevant, Defendant, LZ BUILDING ADVISORS, was an Illinois company
17. At all times relevant, Defendant, TRANSFORMATIONS HOME, was an Illinois company
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18. At all times relevant, Defendant, BYE CONSTRUCTION, was an Illinois company that
19. At all times relevant, Defendant, EPOXY FLOOR TECH LLC, was an Illinois company
20. At all times relevant, one or more of the aforementioned businesses Defendants were
21. At all times relevant, one or more of the aforementioned businesses were owned, operated,
22. At all times relevant, one or more aforementioned businesses were owned, operated,
23. Pursuant to 735 ILCS 5/2-209, jurisdiction is proper in Illinois because all of the events
24. Pursuant to 735 ILCS 5/2-101, venue is proper in the Circuit Court of Lake County because
all of the events giving rise to this action took place in Lake County, Illinois and all of the
25. Defendant, ADAM SHAF, conducts business as a general contractor, project manager
and/or consultant for various construction projects for residential properties throughout Lake and
26. Upon information and belief, Defendant, DEREK SHAF, is the brother of Defendant,
ADAM SHAF, and actively participates in and assists ADAM SHAF with construction services
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27. Defendant, DEREK SHAF, also assists Defendant, ADAM SHAF, with managing and/or
organizing certain aspects of the construction projects for one or more of the Defendant businesses.
28. Defendant, DEREK SHAF, is the owner, manager, and/or agent of the Defendant business,
29. Defendant, SAMUEL KIM, is the owner, manager, and/or agent of the Defendant business,
BUILD N BUILD. (See Illinois Secretary of State Business Search of Build N Build herein
30. Upon information and belief, Defendants, Adam SHAF and/or DEREK SHAF, owned,
operated, managed, maintained, and/or were agents for Defendants, BACKYARD ESCAPE LLC,
BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD
GROUP BY SHAF d/b/a LUXE DESIGN BUILD GROUP, LLC, SHAF BUILDERS, ZURICH
Social Media Posts, and Illinois Secretary of State Searches herein attached as Exhibit 2).
31. Defendant, ADAM SHAF, is the president and/or manager of BACKYARD ESCAPE
32. Defendant, DEREK SHAF, is listed as the agent for BACKYARD ESCAPE LLC. Ex.1.
33. Defendants, ADAM SHAF and SAMUEL KIM, are business partners and utilize the
Defendant business, BUILD N BUILD LLC, to conduct construction and remodeling services for
34. Defendant, SAMUEL KIM, is also a point of contact and authorized agent of Build N Build
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35. On information and belief, on or about September 18, 2023, Defendant, ADAM SHAF,
created the business BYE CONSTRUCTION which shares the website backyardscape.org and
lists its address as 830 Illinois Route 22, Unit 636, Lake Zurich, Illinois. (See Facebook Post
36. From time to time, Defendant, BACKYARD ESCAPE LLC, hires, employs and/or utilizes
Defendant, EPOXY FLOOR TECH LLC, to assist with home renovation and remodeling
contracts.
37. From time to time, Defendant, ADAM SHAF, hires Defendant, DEREK SHAF, to assist
with home renovation and modeling contracts for one or more of the Defendant businesses.
38. Defendant, DEBRA SHAF, is the wife of Defendant, ADAM SHAF, and actively
participates in the promotion, partnership, management, and/or ownership of one or more of the
Defendant Businesses. (See Debra Shaf and La Belle Et La Bete Facebook Post Screenshots herein
39. Defendant, DEBRA SHAF, is the owner, partner, manager, agent, and/or representative of
40. Defendant, DEBRA SHAF, provides interior design services through LA BELLE ET LA
BETE. Ex. 5.
41. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, assist and/or collaborate and
partner with Defendant Businesses and Defendants, DEREK SHAF and ADAM SHAF, on
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42. Defendant, DEBRA SHAF, promotes, markets, and advertises on behalf of one or more of
the Defendant Businesses on her social media accounts, including Facebook and Instagram in an
43. Upon information and belief, all of the aforementioned Defendant businesses are either a
successor, partner, or replacement business once a former company has dissolved or went out of
business. (See August 24, 2023 Adam Shaf Texts herein attached as Exhibit 7).
44. Upon information and belief, prior to October 2022, Defendant, ADAM SHAF,
consistently created new businesses under various names, including the aforementioned Defendant
businesses to avoid litigation, dodge pending judgments and lis pendens notices, or paying
45. Upon information and belief, Defendant, ADAM SHAF, consistently used the
46. Upon information and belief, Defendant, ADAM SHAF, has held himself out as a general
contractor with over twenty years of experience. (See Social Media Postings herein attached as
Exhibit 9).
47. At all times relevant, one or more of the Defendant Businesses were utilizing the following
addresses to conduct business and generate invoices for clients: 258 Clair View Court, Lake
Zurich, Illinois 60047; 33 Deverell, Barrington Illinois, 60010; and 830 W IL-22 Unit 263, Lake
48. On September 24, 2015, Defendants, ADAM SHAF and DEBRA SHAF, issued and
recorded a quit claim deed to CHICAGO TITLE AND LAND TRUST, an Illinois Corporation for
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their property located at 258 Clair View Court, Lake Zurich, Illinois 60047. (See Quit Claim Deed
49. Plaintiffs, DANIEL ETOH, and TONIA ETOH, currently reside in Hawthorn Woods,
Illinois.
50. Sometime prior to May 26, 2023, Plaintiffs, DANIEL ETOH and TONIA ETOH, agreed
to hire a general contractor to oversee and assist with completing upgrades and improvements to
their property.
51. Specifically, Plaintiffs, DANIEL ETOH and TONIA ETOH, were interested in erecting a
pergola, an outdoor kitchen, a patio area, and a swimming pool with water features, among other
52. On or prior to May 26, 2023, Defendant, ADAM SHAF, drafted an agreement to present
53. On or about June 1, 2023, Plaintiffs, DANIEL ETOH and TONIA ETOH, and Defendants,
ADAM SHAF and BACKYARD ESCAPE LLC, executed a contract for various construction
services to upgrade and improve their backyard. (See Contract herein attached as Exhibit 11).
54. According to the Contract, Defendants, ADAM SHAF and BACKYARD ESCAPE LLC,
was assigned as the general contractor for all associated construction services rendered to the
property.
55. According to the Contract, Section 2 states, “Builder [Contractor] shall submit invoices to
owner under this agreement of the contract in progressive payments based on the stages of
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56. According to Section 3 of the contract, “Builder shall be subject to a penalty of $50/day
Builder shall:
i. Complete all work in good and workmanlike manner using new materials
and in compliance with all plans and specifications provided to Builder and
with building codes and other applicable laws. Any work that is not in
accordance with plans and specifications will be the responsibility of the
builder to repair or replace, including all material and labor costs.
ii. Furnish a competent individual who shall be present at job site during
performance of the work.
iii. Cooperate with Owner and all others whose work may interfere with,
relate to or depend on Builder’s work. Ex. 11. (Emphasis added).
59. Section 7 states in the relevant part, “[b]uilder shall provide all guarantees, warranties, and
other maintenance agreements as required in specifications for all work performed.” Ex. 8.
60. Section 9 indicates that “Builder and subcontractors shall at their sole cost and expense
provide evidence of insurance as provided in Exhibit attached hereto and made a part hereof.” (See
With reasonable cause, either the Owner or Builder may terminate this agreement
effective immediately by giving written notice of cause for termination. Reasonable
cause is defined as (i) a material violation of this Agreement [….] Ex. 11. (Emphasis
added).
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62. Lastly, Section 12 states in the relevant part,
If the Builder fails to supply enough properly skilled workers, proper materials or maintain
the schedule of work, or if Builder fails to pay its workers, sub-contractors or supplies, or
commits an act of bankruptcy, or is otherwise guilty of a material breach of provisions of
this agreement, Builder shall be in default. If the Builder fails to correct such default
within (10) ten days after written notice, then the Owner shall have the right to complete
the Work in his best interest; to charge the costs thereof to the Builder, to contract with other
subcontractors; to withhold payment pending completion of corrective action; and/or
terminate this agreement. (Emphasis added).
Owner may suspend or terminate Builder’s Work at any time that it reasonably believes
Builder is not performing according to the schedule established or fails to satisfy the
requirements of this agreement and corrections have not been timely made after notice
from Owner to Builder. Ex. 11. (Emphasis added).
63. As part of the Contract, Defendants, ADAM SHAF, DEREK SHAF, and BACKYARD
ESCAPE LLC, were responsible for providing proper documentation evidencing proper insurance
coverage for the construction project of the backyard. Ex.11 and 12.
64. Defendants provided a typed document of the alleged insurance coverage that they had for
the project which was named EXHIBIT B as an attachment to the contract. Ex. 12.
65. Defendants held out and represented to Plaintiffs, DANIEL ETOH and TONIA ETOH,
that EXHIBIT B memorialized a real insurance policy evidencing proper insurance coverage for
66. Defendants never provided a copy of the corresponding insurance policy or certification
establishing that the insurance coverage alleged in EXHIBIT B was legitimate and that the
property was properly insured against potential risks of litigation for the construction project.
67. From May 26, 2023 to July 31, 2023, Plaintiffs issued checks totaling $251,621.65 as a
downpayment for improvements to the backyard, specifically the swimming pool and pergola.
68. During the aforementioned time, Defendants, ADAM SHAF and SAMUEL KIM, oversaw,
managed, and worked with the subcontractors and suppliers to conduct the project. Ex. 7.
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69. At the time of signing on June 1, 2023, Plaintiff TONIA ETOH, struck out the timeline of
60 days to complete the construction of the pool and wrote “45 days” in its place immediately
before signing and returning the agreement to Defendant, ADAM SHAF, within Section 4.
EXHIBIT 13
70. Accordingly, Defendants had until July 10, 2023 to complete the construction of the pool.
71. Originally, the agreement stated sixty (60) days which would mean that the construction of
72. On July 10, 2023, Defendants failed to complete the construction of the pool.
73. On July 25, 2023, Defendants failed to complete the construction of the pool.
74. However, the version of the agreement that Defendant, ADAM SHAF, allegedly signed on
75. According to Defendant, ADAM SHAF’s version of the contract, the construction of the
project shall take no more than ninety (90) days from the time of the agreement.
EXHIBIT 14
76. Ninety (90) days from May 26, 2023 is August 24, 2023.
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77. On August 24, 2023, the construction of the pool had not been completed.
78. Additionally, over several weeks in August 2023, Plaintiffs continuously requested
Defendant, ADAM SHAF, to provide the original version of the agreement that he signed.
79. After stalling and continuously delaying producing the agreement, Defendant, ADAM
SHAF, finally provided his alleged version of the agreement on August 16, 2023. See August 16,
80. According to the document Schedule for Project Exhibit A, the agreement in question was
expected to be signed on April 19, 2023. (See Schedule for Project Exhibit A herein attached as
Exhibit 15).
81. The schedule also states that between May 10, 2023 and May 12, 2023, Defendant,
BACKYARD ESCAPE LLC, was going to “Inspect and pour concrete for pergola footings and
82. It also stated that the pergola would be installed on May 22, 2023 and that all outdoor work
would be completed between June 23, 2023 and July 14, 2023. Ex.15.
83. At no point in time were there any third-party delays or unexpected weather conditions that
prevented Defendant, BACKYARD ESCAPE LLC, from timely completing the listed deadlines
84. At no point in time did Defendant, BACKYARD ESCAPE LLC, express any factors or
conditions that would prevent it from timely completing the listed deadlines for the project.
85. After various deadlines for the project were not met, Plaintiff, TONIA ETOH, asked
Defendant, ADAM SHAF, to provide her with all invoices from the subcontractors and vendors
to address her suspicion and concerns about whether the subcontractors and vendors had been paid.
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86. Specifically, Plaintiff, TONIA ETOH, requested the invoice for the pergola she paid over
Thirty-Nine Thousand Dollars ($39,000) for that was promised to be erected before August 1,
Fraudulent Activity
87. Out of concern that time was passing by without numerous deadlines being met for the
backyard project, Plaintiff, TONIA ETOH, began investigating Defendants, ADAM SHAF,
DEBRA SHAF, and DEREK SHAF, as well as the aforementioned Defendant businesses.
(https://adamshaf.com/) that contained various information about how the Defendants had
scammed other consumers and subcontractors out of money related to backyard and other
89. Plaintiff, TONIA ETOH, also discovered that various Better Business Bureau and
Attorney General complaints had been filed against him for similar issues.
90. From August 1, 2023 to August 30, 2023, Plaintiff, TONIA ETOH, repeatedly pled with
Defendant, ADAM SHAF, to provide assurance in the form of paid invoices to verify that the
money she rendered at that point (over $300,000.00) for all project work on the property was paid
for and that each vendor and subcontractor had their invoices satisfied.
91. However, Defendant, ADAM SHAF, refused to provide the subcontractor and vendor
invoices.
92. On August 31, 2023, after a formal demand was made for the invoices and return of
deposits made for future work, Defendant, ADAM SHAF, only provided invoices from
Defendants, BACKYARD ESCAPE LLC and ADAM SHAF, that were stamped “Paid”, as well
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93. Defendant, ADAM SHAF, did not provide any of the requested vendor and subcontractor
94. Further, the three addresses listed on the invoices from Defendants, BACKYARD
ESCAPE LLC and ADAM SHAF, to the Plaintiffs were a UPS PO BOX (830 W. Illinois Route
22, Unit 263, Lake Zurich, Illinois 60047), his residential address 258 Clair View Court Lake
Zurich, Illinois 60047, and an empty lot (33 Deverell, Barrington, Illinois 60010). Ex.8.
95. On August 31, 2023, Plaintiff, TONIA ETOH, had a phone call with one of the vendors,
Pool Cover Pros, Inc. who informed her that they had received a check she wrote in the amount of
Six Thousand Nine Hundred Sixty-Nine Dollars and Three Cents ($6,969.03) as a deposit for a
96. However, Invoice #28 indicates that Pool Cover Pros Inc. was paid $6,969.03 for the cover.
Ex. 8.
97. One of the Pool Cover Pros, Inc representatives informed her that they had not cashed the
check or shipped the parts for the cover since Defendant, ADAM SHAF, still owed them for
previous client projects and refused to do any work until those balances were satisfied.
98. Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, never completed the work
they promised to perform and Plaintiffs, DANIEL ETOH and TONIA ETOH, were forced to find
replacement vendors and a new general contractor to complete the outstanding work.
99. On April 20, 2023, Plaintiff, JAMES AKMAKJIAN, was provided a proposal from
Defendant, BACKYARD ESCAPE LLC, to perform various renovations and remodeling to his
backyard and pool located in Long Gove, Illinois. (See Akmakjian Proposal herein attached as
Exhibit 16).
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100. As part of the proposal, Plaintiff, JAMES AKMAKJIAN, was given a detailed list of all
renovations BACKYARD ESCAPE LLC promised to perform along with a list of all materials
101. According to the proposal, the cost of the entire project would cost approximately Two
102. The last paragraph of the proposal that was signed by Plaintiff, JAMES AKMAKJIAN,
and Defendant, ADAM SHAF, as President of BACKYARD ESCAPE LLC states “Upon
agreement of this project and start of planning and upon acceptance of the design and proposal we
would ask for $7,500.00 for the start of planning and preparing engineering and construction
103. On the same day, both Plaintiff, JAMES AKMAKJIAN and Defendants, BUILD N BUILD
and BACKYARD ESCAPE LLC, via Defendant, ADAM SHAF, entered into a contract for the
construction and remodeling of the pool and backyard. (See Akmakjian Contract herein attached
as Exhibit 17).
104. Said contract contains the same terms as Plaintiffs, DANIL ETOH and TONIA ETOH’s
contract including ADAM SHAF’s drafted EXHIBIT B “memorializing” insurance coverage. Ex.
11 and 17.
105. According to the proposal and contract, Plaintiff, Defendant, ADAM SHAF, signed under
the name “Adam Schaf” and as President of Backyard Escape LLC. (See Adam Shaf Aliases herein
106. Defendant, ADAM SHAF, also advised the Plaintiff before beginning the project that he
has been a builder for twenty (20) years and that he was starting a new company by the name
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“BACKYARD ESCAPE LLC” to specifically build swimming pools. (See Adam Shaf Facebook
107. Defendant, ADAM SHAF, also held out and represented to Plaintiff, JAMES
AKMAKJIAN, that EXHIBIT B was a valid representation of real insurance coverage for his
108. At the time of contracting, Defendant, ADAM SHAF, assured Plaintiff, JAMES
AKMAKJIAN, that the money would be maintained in an escrow account and used for the
109. At all times relevant, Defendants, ADAM SHAF, BUILD N BUILD and SAMUEL KIM,
intended and planned to work as partners and managers for this project.
110. Although Plaintiff, JAMES AKMAKJIAN, made diligent efforts to conduct a background
check of Defendant, ADAM SHAF, by searching the name “Adam Schaf”, no record or history of
the company “Backyard Escape LLC”, “Adam Schaf”, or history of any work product was found.
Ex.18.
111. During the construction project, Defendant, ADAM SHAF, attempted to apply for and
obtain two (2) permits from the Village of Long Grove necessary for the project. However,
112. On or about June 7, 2023, Plaintiff, JAMES AKMAKJIAN, hired architect Group A
Architecture Inc. to conduct a review and provide a second opinion on the accuracy and legitimacy
of Defendant, ADAM SHAF’s proposed blueprints and designs for the backyard and pool remodel.
113. According to Group A Architecture Inc.’s findings, there were various concerns about the
safety and accuracy of the measurements, design, and materials used in Defendant, ADAM
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SHAF’s blueprints and designs. (See Adam Shaf Blueprint and Group A Architecture Inc. herein
114. Sometime thereafter, Plaintiff, JAMES AKMAKJIAN, discovered that Defendant, ADAM
SHAF, was not reapplying for the permits to begin construction of the swimming pool, never
ordered materials to remodel the swimming pool and backyard, and avoided responding to Plaintiff
JAMES AKMAKJIAN, after numerous demands to return the sixty-thousand dollars ($60,000.00)
115. To date, Defendant, ADAM SHAF, has yet to begin remodeling Plaintiff, JAMES
AKMAKJIAN’s swimming pool and has not returned the money he paid in advance for the
remodel.
116. However, on November 1, 2023, Defendant, ADAM SHAF, attempted to settle with
Plaintiff, JAMES AKMAKJIAN, by offering to return Forty Thousand Dollars “and lose from the
people and expenses spent on [James’] project and time, in exchange for the removal of the “Adam
Shaf” website. (See November 1, 2023 Adam Build N Build Email herein attached as Exhibit 21).
117. In October 2022, Plaintiff, ANNAMARIE STORNELLO, purchased a property and home
118. Upon purchasing the home, Plaintiff, ANNAMARIE STORNELLO, contracted with
Defendant, BACKAYRD ESCAPE LLC, to remodel various parts of the home including, but not
limited to, the kitchen, bathrooms, master bedroom, living room, exterior, roof, and gutters.
that the work would be completed within three (3) to four (4) months.
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120. In November 2022, Defendant, ADAM SHAF, began working on the remodeling project
121. At this time, Defendant, ADAM SHAF, utilized Defendants, BUILD N BUILD and
122. During the same time, Defendant, ADAM SHAF, installed a swimming pool on his own
123. Throughout the course of several months, Defendant, ADAM SHAF, created piecemeal
invoices to justify his requests for money from the Plaintiff, ANNAMARIE STORNELLO, which
124. Each invoice provided named “Adam Shaf” as the sender with an address located at “258
125. In March 2023, Plaintiff, ANNAMARIE STORNELLO, discovered that the subcontractors
who had been working on the construction project since November 2022 had stopped showing up
126. After questioning Defendant, ADAM SHAF, several times as to why the subcontractors
were not showing up and why the project was not complete, Defendant, ADAM SHAF, was unable
127. Despite the poor workmanship performed, Defendant, ADAM SHAF, continued to create
invoices and ask the Plaintiff, ANNAMARIE STORNELLO, for money. Some of the charges
invoiced were double charges for work and materials that were already paid for.
128. In the early summer of 2023, Plaintiff, ANNAMARIE STORNELLO, began to demand
proper documentation and invoices from the subcontractors to verify that the materials were truly
paid for, the subcontractors were paid, and that the invoiced amount was legitimate.
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129. Defendant, ADAM SHAF, failed to produce the requested documents and has yet to
they had worked with Defendant, ADAM SHAF, on another home remodeling project and was
completion that was signed by Defendant, ADAM SHAF, promising the project would be
ADAM SHAF, was not going to complete the remodeling projects in her home and that the money
paid to him had likely been used to renovate his own home and to fund other client’s projects.
133. Plaintiff, ANNAMARIE STORNELLO, also discovered that Defendant, ADAM SHAF,
failed to pay the subcontractors working on her home which was the reason why some of the
134. By the end of June 2023, Plaintiff, ANNAMARIE STORNELLO, fired Defendant, ADAM
135. Since then, Defendant, ADAM SHAF, has left the Plaintiff with an incomplete roof,
installed improper kitchen and bathroom hardware that did not comply with the construction
contract, left scaffolding in the home, failed to properly install a beam in the home, provided poor
painting workmanship to the interior walls of the home, improperly installed the hardwood floors,
failed to complete the plumbing projects in the home, installed faulty electrical wiring in the home,
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136. To date, Plaintiff, ANNAMARIE STORNELLO, has paid Defendant, ADAM SHAF, two
hundred thousand dollars ($200,000.00) for home renovations that were left incomplete or done
poorly.
subcontractors to fix work that the Defendant, ADAM SHAF, performed, supervised and/or hired
D. Investigation
138. Upon investigation, Plaintiffs discovered that Defendants, ADAM SHAF and DEBRA
139. Additionally, on March 8, 2017, Defendant, DEBRA SHAF, openly admitted on her
Facebook that,
Being married to a custom home builder for 14 years, I have been involved in many home
building projects and I’ve learned about the styles that withhold the test of time. We have
built many projects together and I have grown to have a true passion for interior design. I
will be working directly with LZ Building Advisors during the construction process. Ex.5.
140. Further, Defendant, DEBRA SHAF, is currently using the Instagram account
clients’ homes to promote and gain business for TRANSFORMATIONS HOME and
141. It is apparent that both Defendants, ADAM SHAF and DEBRA SHAF, use the
aforementioned Instagram account to entice potential clients to contract with them for
constructions services, in addition to their own personal accounts. Ex. 2,4, and 6.
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142. It is also apparent that both Defendants, ADAM SHAF and DEBRA SHAF, control,
manage, and/or operate under one or more of the Defendant Businesses and use their social media
143. Since Defendant businesses, LA BELLE ET LA BETE and EPOXY FLOOR TECH LLC,
work for, are an agent of, are employed by, and/or are a subcontract for the Defendant Businesses,
144. At all times relevant, Defendants, LA BELLE ET LA BETE and EPOXY FLOOR TEHC
LLC, conducted business together based upon their association, relationship, promotion, and
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Backyard Escape LLC, Build N Build LLC,
Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe
Design Build Group, Shaf Builders, Zurich Builders, Transformations Home, Bye
Construction and LZ Building Advisor]
145. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporate paragraphs 1 through
144 as if set forth fully herein as Paragraph 145 of Count I of Plaintiffs’ First Amended Complaint.
146. At all times relevant, Defendant, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following entities when he contracted with Plaintiffs,
DANIEL ETOH and TONIA ETOH, to remodel their home and backyard: BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
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147. At all times relevant, a valid and legally binding contract existed between Plaintiffs,
DANIEL ETOH and TONIA ETOH, and Defendants, ADAM SHAF and BACKYARD ESCAPE
LLC.
148. Prior to the beginning of the construction work outlined in the contract, Plaintiffs, DANIEL
ETOH and TONIA ETOH, provided sufficient consideration in the form of various deposits and
down payments for the materials and work expected to be performed to the backyard.
149. At all times relevant, the Parties were of sound mind when formulating this contract.
150. At all times relevant, Defendant, ADAM SHAF, used one or more of the aforementioned
Defendant businesses listed herein to further the construction work performed on the Plaintiff’s
151. Throughout the course of improving the backyard Defendants, ADAM SHAF and
BACKYARD ESCAPE LLC, breached one or more of the following terms of the contract:
a. Section 2: Terms of Payment, by failing to provide Plaintiffs with timely and proper
invoices which sufficiently identified each vendor and subcontractor and which
proved that the invoices were paid;
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f. Section 9: Substitutions, by misrepresenting that Exhibit B was the insurance
coverage required to work on the property;
j. Section 12: Default, by failing to maintain the schedule of work, failing to correct
the default, and failing to satisfy the requirements of the agreement pursuant to
Section 12; and
k. Failing to complete the scope of work promised as outlined in Exhibit A and the
proposal.
ESCAPE LLC, by and through the use of one and/or all of the Defendant businesses, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
and/or LZ BUILDING ADVISOR, Plaintiffs, DANIEL ETOH and TONIA ETOH, sustained
serious property damage; were left with an incomplete backyard and pool; were forced to hire a
new general contractor and subcontractors to complete the renovations; and suffered significant
past, present, and future monetary and property damages arising out of the Defendants, ADAM
SHAF and BACKYARD ESCAPE LLC’s breach of the aforementioned terms of the contract and
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Backyard ESCAPE LLC, Build N Build LLC,
Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe
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Design Build Group, Shaf Builders, Zurich Builders, Transformations Home, Bye
Construction and LZ Building Advisor]
153. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 153 of Count II of Plaintiffs’ First Amended Complaint.
154. That at all times relevant, a legally binding contract existed between the Defendants,
ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiffs, DANIEL ETOH and TONIA
ETOH.
155. At all times relevant, Defendant, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following businesses while remodeling the Plaintiffs,
DANIEL ETOH and TONIA ETOH’s pool and backyard: BACKYARD ESCAPE LLC, BUILD
N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP
BY SHAF LLC, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
ADVISOR.
156. Throughout the course of construction, Plaintiffs, DANIEL ETOH and TONIA ETOH,
tendered various payments to the Defendant, ADAM SHAF, based on the promise that he would
complete the backyard and pool remodeling by the end of June 2023.
157. The total amount Plaintiffs, DANIEL ETOH and TONIA ETOH, paid Defendants, ADAM
SHAF and BACKYARD ESCAPE LLC, was over two hundred fifty thousand dollars
($250,000.00).
158. Each payment the Plaintiffs, DANIEL ETOH and TONIA ETOH, made were addressed to
“Adam Shaf”, “Backyard Escape LLC”, “Build N Build LLC”, “Lake Zurich Building Group
LLC”, “Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build Group”, “Shaf Builders”,
24
159. Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably relied on Defendant, ADAM
160. Plaintiffs, DANIEL ETOH and TONIA ETOH’s reliance was expected and foreseeable
and was known or should have been known to Defendant, ADAM SHAF.
161. As a result of Defendants’ failure to perform, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were left with an incomplete renovation of their backyard and pool and paid an exorbitant
amount of money to Defendant, ADAM SHAF, for work that was never completed.
162. It would be inequitable and unjust for Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR to keep the money they received as payment that was not earned.
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Backyard Escape LLC, Build N Build LLC,
Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe
Design Build Group, Shaf Builders, Zurich Builders, Transformations Home, Bye
Construction and LZ Building Advisor]
163. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 163 of Count III of Plaintiffs’ First Amended
Complaint.
164. Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, made a promise to Plaintiffs,
DANIEL ETOH and TONIA ETOH, to remodel their backyard and pool in a timely fashion.
165. At all times relevant, Defendant, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following entities while remodeling the Plaintiffs’,
25
DANIEL ETOH and TONIA ETOH, pool and backyard: BACKYARD ESCAPE LLC, BUILD N
BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY
SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
166. Throughout the course of construction, Plaintiffs, DANIEL ETOH and TONIA ETOH,
tendered various payments to the Defendant, ADAM SHAF, based on his promise that he would
complete the backyard and pool remodeling by the end of June 2023.
167. The total amount Plaintiffs, DANIEL ETOH and TONIA ETOH, paid Defendant, ADAM
168. Each payment the Plaintiffs, DANIEL ETOH and TONIA ETOH, made were addressed to
“Adam Shaf”, “Backyard Escape LLC”, “Build N Build LLC”, “Lake Zurich Building Group
LLC”, “Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build Group”, “Shaf Builders”,
169. Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably relied on Defendant, ADAM
170. The Plaintiffs, DANIEL ETOH and TONIA ETOH’s reliance was expected and
foreseeable and was known or should have been known to Defendant, ADAM SHAF.
171. As a result of Defendants’ failure to perform, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were left with an incomplete renovation of their backyard and pool and paid an exorbitant
amount of money to Defendant, ADAM SHAF, for work that was never completed.
172. It would be inequitable and unjust for Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
26
ZURICH BUILDERS, TRANSFORMATIONS HOME, BYE CONSTRUCTION and/or LZ
BUILDING ADVISOR to keep the money they received as payment and never earned.
COUNT IV – NEGLIGENCE
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Backyard ESCAPE LLC, Build N Build LLC,
Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe
Design Build Group, Shaf Builders, Zurich Builders, Transformations Home, Bye
Construction and LZ Building Advisor]
173. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 173 of Count IV of Plaintiffs’ First Amended
Complaint.
174. At all times relevant to the remodel of the Plaintiffs, DANIEL ETOH and TONIA ETOH’s
backyard and pool, Defendant, ADAM SHAF, was the owner, manager, agent, employee,
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
175. At all times relevant, Defendant businesses, BACKYARD ESCAPE LLC, BUILD N
BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY
SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
and through Defendant, ADAM SHAF, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA
ETOH, to construct, remodel, renovate, and complete the Plaintiffs’ backyard in a reasonable and
workmanlike fashion, as well as in accordance with all relevant and required general contractor
27
176. Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH
BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC, d/b/a LUX
a. Providing subpar and poor workmanlike renovations to the pool and outdoor kitchen
area;
b. Failing to erect the pergola the Plaintiffs tendered thirty-nine thousand ($39,000.00)
for;
c. Failing to meet promised deadlines to complete the pool, outdoor kitchen, and
pergola;
d. Failing to supervise and manage the construction projects in the backyard as part of
his responsibilities and duties as the general contractor;
i. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
j. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
m. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors;
n. Failing to return the remaining amount of money paid for work that was never
completed; and
28
o. Was otherwise negligent when performing renovations on the property.
177. As a proximate result of the Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS, LZ
ADAM SHAF’s conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were
thereby injured financially, both temporarily and permanently; were forced to hire a new general
contractor and subcontractors to complete the renovations; sustained property damage; were
hindered and prevented from attending to their business and affairs; sustained the loss of earnings,
gains or profits; and were forced to pay out, expend and become liable for large sums of money
COUNT V – MISREPRESENTATION
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Backyard Escape LLC, Build N Build LLC,
Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe
Design Build Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor]
178. Plaintiff herein incorporates paragraphs 1 through 144 as if set forth fully herein as
179. That Defendant, ADAM SHAF, by and through the use of one or more of the Defendant
businesses, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING
GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD
about:
29
a. Defendant, ADAM SHAF’s financial viability and reputation to work on the
Plaintiffs’ property;
b. Advised that all invoices for the vendors and subcontractors were paid when they were
not;
c. Created all of the Defendant businesses to avoid pending judgments filed against him;
d. Listed addresses of a UPS box and empty residential lot to impersonate a viable
business address;
e. Used one or more of the Defendant businesses to get the subcontractors and vendors
to engage in business with him to complete the backyard work on the Plaintiffs’
property;
f. Advised that there was proper insurance to conduct work on the Plaintiffs’ property
when there was not;
g. Provided an altered contract to Plaintiff, TONIA ETOH, on August 16, 2023 which
changes the deadline for the completion of the construction of the pool;
h. Created invoices memorializing that the subcontractor services and materials were
paid for when they were not (i.e., Pool Cover Pros, Inc.);
i. Repeatedly promised that work deadlines would be met when they were not; and
j. Communicated that materials had been delivered to the property to begin certain work
when it was not.
180. All of the aforementioned misrepresentations were done carelessly or negligently to look
favorable to Plaintiffs and convince them to award the Defendants the construction project, without
181. That at all times relevant, Defendant, ADAM SHAF, by and through the Defendant
businesses, knew or should have known the Plaintiffs would consider and/or rely on the
aforementioned representations to contract with Defendants and award them the backyard
construction project.
182. That Plaintiffs relied on the aforementioned information and/or statements and believed
30
183. As a result of one or more of the Defendants’ misrepresentations and/or false statements,
Plaintiffs were induced to enter into a contract with Defendants, to award them the construction
project and pay the Defendants large sums of money before beginning of any work.
184. As a result of the aforementioned misrepresentations made by, Defendant, ADAM SHAF,
by and through the use of one and/or all of the Defendant businesses, Plaintiffs, DANIEL ETOH
and TONIA ETOH, suffered significant past, present, and future monetary damages arising out of
185. As a result of the Defendants’ misrepresentations, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were forced to hire a new general contractor and subcontractors to complete the
renovations and suffered significant past, present, and future monetary and property damages.
COUNT VI – FRAUD
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Derek Shaf, Debra Shaf, Samuel Kim,
Backyard Escape LLC, Build N Build LLC, Lake Zurich Building Group LLC, Luxe
Design Build Group by Shaf LLC d/b/a Luxe Design Build Group, Shaf Builders, Zurich
Builders, Transformations Home, Bye Construction and LZ Building Advisor]
186. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporate paragraphs 1 through
144 as if set forth fully herein as Paragraph 186 of Count VI of Plaintiffs’ First Amended
Complaint.
187. That Defendant, ADAM SHAF, by and through the use of one or more of the Defendant
businesses intentionally and knowingly made false statements of material fact to Plaintiffs,
b. Advised that all invoices for the vendors and subcontractors were paid when they
were not;
31
c. Created all of the Defendant businesses to avoid pending judgments currently filed
against him;
d. Listed addresses of a UPS box and empty residential lot to impersonate a viable
business address;
e. Used one or more of the Defendant businesses to get the subcontractors and vendors
to engage in business with him to complete the backyard work on the Plaintiffs’
property;
f. Created invoices memorializing that the subcontractor services and materials were
paid for when they were not (i.e., Pool Cover Pros, Inc.);
g. Provided an altered contract to Plaintiff, TONIA ETOH, on August 16, 2023 which
changes the deadline for the completion of the construction of the pool;
h. Stated on invoices that services and materials were paid for when they were not (i.e.,
Pool Cover Pros, Inc.);
i. Repeatedly promised that work deadlines would be met when they were not; and
j. Communicated that materials had been delivered to the property in order to begin
certain work when it was not.
188. That all of the aforementioned misrepresentations were done willfully, intentionally,
189. That the Defendant, ADAM SHAF’s statements were made with the purpose of convincing
190. That Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably believed and relied on the
aforementioned statements.
191. That based on the aforementioned statements made, the Plaintiffs were induced and
convinced to enter into a contractual relationship with Defendants, ADAM SHAF and
BACKYARD ESCAPE LLC, award them the construction project, and make several deposits and
32
192. At all times relevant, Defendant, ADAM SHAF, engaged one or more of the individual
Defendants, DEREK SHAF, DEBRA SHAF, and/or SAMUEL KIM, to participate in the
193. At all times relevant the Defendants, DEREK SHAF, DEBRA SHAF, and/or SAMUEL
KIM, knew or should have known that Defendant, ADAM SHAF, did not intend to complete the
construction project or keep the promises made to the Plaintiffs, but rather pocket the Plaintiffs’
194. As a result of the aforementioned fraudulent statements made by the Defendant, ADAM
SHAF, by and through the use of one and/or all of the Defendant businesses, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
and/or LZ BUILDING ADVISOR, Plaintiffs, DANIEL ETOH and TONIA ETOH, were forced to
hire a new general contractor and subcontractors to complete the renovations and suffered
significant past, present, and future monetary and property damages valued over $400,000.00.
[Daniel Etoh and Tonia Etoh v. Adam Shaf, Derek Shaf, Samuel Kim, Backyard Escape
LLC, Build N Build LLC, Lake Zurich Building Group LLC, Luxe Design Build Group
by Shaf LLC d/b/a Luxe Design Build Group, Shaf Builders, Zurich Builders
Transformations Home, Bye Construction and LZ Building Advisor]
195. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 195 of Count VII of Plaintiffs’ First Amended
Complaint.
33
196. At all times relevant, Defendant, ADAM SHAF, promised Plaintiffs, DANIEL ETOH and
TONIA ETOH, to provide remodeling services to their property’s backyard and pool in exchange
for payment.
197. The aforementioned promises were memorialized in the proposal and contract that
Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, drafted and presented to Plaintiffs,
198. At all times relevant, Defendants, ADAM SHAF and BACKYARD ESCAPE LLC,
intended that the Plaintiffs, DANIEL ETOH and TONIA ETOH, rely on the Defendants’ promises
199. That Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably relied on the Defendants’
promises.
200. At all times relevant, Defendant, ADAM SHAF, engaged one or more of the individual
Defendants, DEREK SHAF, DEBRA SHAF, and/or SAMUEL KIM, to participate in the
201. At all times relevant, the aforementioned work was performed and/or conducted through
one or more of the Defendant Businesses: BACKYARD ESCAPE LLC, BUILD N BUILD LLC,
LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC
202. That Defendant, ADAM SHAF, by and through one or more of the Defendant Businesses
acted deceitfully throughout the course of remodeling the Plaintiff’s backyard and pool, which
34
203. At all times relevant the Defendants, DEREK SHAF, DEBRA SHAF, and/or SAMUEL
KIM, knew or should have known that Defendant, ADAM SHAF, did not intend to complete the
construction project, but rather pocket the Plaintiffs’ money paid for renovations.
204. That as a result of the Defendant’s deceitful acts, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were caused to sustain monetary damages, including, but not limited to, loss of funds paid
to the Defendants, property damage, and consequential damages due to being forced to hire a new
general contractor and subcontractors to finish the subpar work that the Defendants started but
never completed.
[Daniel Etoh and Tonia Etoh v. Derek Shaf and Epoxy Tech LLC]
205. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 205 of Count VIII of Plaintiffs’ First Amended
Complaint.
206. At all times relevant, Defendant, DEREK SHAF, was the owner, manager, agent,
207. At all times relevant, Defendants, DEREK SHAF and/or EPOXY FLOOR TECH LLC,
conducted business and had close ties with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
208. At all times relevant, all of the aforementioned Defendants had an implied understanding
35
209. At all times relevant, all of the aforementioned Defendants had a community interest in
marketing, promoting and advertising their services to Plaintiffs, DANIEL ETOH and TONIA
ETOH, for the construction, remodeling and renovation to the Plaintiffs’ backyard and pool for
financial gain.
210. At all times relevant, the aforementioned Defendants each had joint control and
management of the construction project at the Plaintiffs’ home and worked collaboratively to
211. At all times relevant, the aforementioned Defendants shared the costs, expenses and profits
212. That at all times relevant, a joint venture relationship existed between Defendants, DEREK
SHAF and EPOXY FLOOR TECH LLC, and Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
213. At all times relevant, Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, by
and through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
and/or LZ BUILDING ADVISOR, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA
ETOH, to construct, remodel, renovate, and complete the Plaintiffs’ backyard in a reasonable and
workmanlike fashion, as well as in accordance with all relevant and required general contractor
36
214. Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, breached the
a. Providing subpar and poor workmanlike renovations to the pool and outdoor kitchen
area;
b. Failing to erect the pergola the Plaintiffs tendered thirty-nine thousand ($39,000.00)
for;
c. Failing to meet promised deadlines to complete the pool, outdoor kitchen, and
pergola;
d. Failing to supervise and manage the construction projects in the backyard as part of
his responsibilities and duties as the general contractor;
i. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
l. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
215. At all times relevant the Defendants, DEREK SHAF, DEBRA SHAF, and/or SAMUEL
KIM, knew or should have known that Defendant, ADAM SHAF, did not intend to complete the
construction project, but rather pocket the Plaintiffs’ money paid for renovations.
216. As a proximate result of the Defendants, DEREK SHAF and EPOXY FLOOR TECH
LLC’s conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
37
financially, both temporarily and permanently; were hindered and prevented from attending to
their business and affairs, thereby sustained the loss of earnings, gains or profits; were forced to
hire a new general contractor and subcontractors to complete the renovations; and forced Plaintiffs
to pay out, expend and become liable for large sums of money for the damages sustained herein.
[Daniel Etoh and Tonia Etoh v. Derek Shaf and Epoxy Tech LLC]
217. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 217 of Count IX of Plaintiffs’ First Amended
Complaint.
218. At all times relevant, Defendant, DEREK SHAF, was an agent, employee, representative,
and/or servant of Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BUILD N BUILD
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
219. That as an agent, employee, representative, and/or servant of Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
FLOOR TECH LLC, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to
construct, remodel, renovate, and complete the Plaintiffs’ backyard in a reasonable and
38
workmanlike fashion, as well as in accordance with all relevant and required general contractor
220. Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, breached the
a. Providing subpar and poor workmanlike renovations to the pool and outdoor kitchen
area;
b. Failing to erect the pergola the Plaintiffs tendered thirty-nine thousand ($39,000.00)
for;
c. Failing to meet promised deadlines to complete the pool, outdoor kitchen, and
pergola;
d. Failing to supervise and manage the construction projects in the backyard as part of
his responsibilities and duties as the general contractor;
i. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
l. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
221. As a proximate result of the Defendants, DEREK SHAF and EPOXY FLOOR TECH
LLC’s conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
financially, both temporarily and permanently; were forced to hire a new general contractor and
39
subcontractors to complete the renovations; were hindered and prevented from attending to their
business and affairs, thereby sustained the loss of earnings, gains or profits; and forced Plaintiffs
to pay out, expend and become liable for large sums of money for the damages sustained herein.
[Daniel Etoh and Tonia Etoh v. Debra Shaf and LA BELLE Et La Bete]
222. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 222 of Count X of Plaintiffs’ First Amended Complaint.
223. At all times relevant, Defendant, DEBRA SHAF, was the owner, manager, agent,
224. At all times relevant, Defendants, DEBRA SHAF and/or LA BELLE ET LA BETE,
conducted business and had close ties with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
225. At all times relevant, all of the aforementioned Defendants had an implied understanding
226. At all times relevant, all of the aforementioned Defendants had a community interest in
marketing, promoting and marketing their services to Plaintiffs, DANIEL ETOH and TONIA
ETOH, for the construction, remodeling and renovation to the Plaintiffs’ backyard and pool for
40
227. At all times relevant, the aforementioned Defendants each had joint control and
management of the construction project at the Plaintiffs’ home and worked collaboratively to
228. At all times relevant, the aforementioned Defendants shared the costs, expenses and profits
229. That at all times relevant, a joint venture relationship existed between Defendants, DEBRA
SHAF and LA BELLE ET LA BETE, and Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
230. At all times relevant, Defendants, DEBRA SHAF and LA BELLE ET LA BETE, by and
through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to
construct, remodel, renovate, and complete the Plaintiffs’ backyard in a reasonable and
workmanlike fashion, as well as in accordance with all relevant and required general contractor
231. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, breached the aforementioned
duty by:
a. Providing subpar and poor workmanlike renovations to the pool and outdoor kitchen
area;
41
b. Failing to erect the pergola the Plaintiffs tendered thirty-nine thousand ($39,000.00)
for;
c. Failing to meet promised deadlines to complete the pool, outdoor kitchen, and
pergola;
d. Failing to supervise and manage the construction projects in the backyard as part of
his responsibilities and duties as the general contractor;
i. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
l. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
232. As a proximate result of the Defendants, DEBRA SHAF and LA BELLE ET LA BETE’s
actions as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
financially, both temporarily and permanently; were hindered and prevented from attending to
their business and affairs, thereby sustained the loss of earnings, gains or profits; and forced
Plaintiffs to pay out, expend and become liable for large sums of money for the damages sustained
herein.
[Daniel Etoh and Tonia Etoh v. Debra Shaf and La Belle Et La Bete]
42
233. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 233 of Count XI of Plaintiffs’ First Amended
Complaint.
234. At all times relevant, Defendant, DEBRA SHAF, was partner, agent, employee,
BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD
GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
235. That as an agent, employee, representative, and/or servant of Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC, d/b/a LUX DESIGN BUILD GROUP,
BELLE ET LA BETE, owed a duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to
construct, remodel, renovate, and complete the Plaintiffs’ backyard in a reasonable and
workmanlike fashion, as well as in accordance with all relevant and required general contractor
236. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, breached the aforementioned
duty by:
a. Providing subpar and poor workmanlike renovations to the pool and outdoor kitchen
area;
b. Failing to erect the pergola the Plaintiffs tendered thirty-nine thousand ($39,000.00)
for;
43
c. Failing to meet promised deadlines to complete the pool, outdoor kitchen, and
pergola;
d. Failing to supervise and manage the construction projects in the backyard as part of
his responsibilities and duties as the general contractor;
i. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
l. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
237. As a proximate result of the Defendants, DEBRA SHAF and LA BELLE ET LA BETE’s
conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
financially, both temporarily and permanently; were forced to hire a new general contractor and
subcontractors to finish the renovations; were hindered and prevented from attending to their
business and affairs, thereby sustained the loss of earnings, gains or profits; and forced Plaintiffs
to pay out, expend and become liable for large sums of money for the damages sustained herein.
44
238. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 238 of Count XII of Plaintiffs’ First Amended
Complaint.
239. At all times relevant, Defendants, ADAM SHAF and DEBRA SHAF, worked
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
240. Before Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, contracted with
Plaintiffs, DANIEL ETOH and TONIA ETOH, Defendant, DEBRA SHAF, promoted, advertised,
HOME’s services to the public and potential clients, including the Plaintiffs.
241. Said promotions, advertisements, solicitations, and publications were made from her own
personal social media accounts, as well as the social media accounts for Defendant company, LA
TRANSFORMATIONS HOME.
242. That the Defendant, DEBRA SHAF’s marketing and promotion enticed potential clients to
work with Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BYE CONSTRUCTION
and TRANSFORMATIONS HOME, including Plaintiffs, DANIEL ETOH and TONIA ETOH.
243. Sometime thereafter, Defendant, ADAM SHAF, promised Plaintiffs, DANIEL ETOH and
TONIA ETOH, to provide remodeling services to their property’s backyard and pool in exchange
for payment.
45
244. The aforementioned promises were memorialized in a proposal and executed contract
between Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiffs, DANIEL
245. At all times relevant, Defendant, DEBRA SHAF, intended for Plaintiffs, DANIEL ETOH
246. That Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably relied on the Defendants’
247. At all times relevant, the aforementioned work was performed, overseen, managed,
248. At all times relevant, Defendant, DEBRA SHAF, communicated with the Plaintiffs,
DANIEL ETOH and TONIA ETOH, or supervised conversations Plaintiffs had with Defendant,
ADAM SHAF, about the status and quality of work being performed on the property.
249. That Defendant, DEBRA SHAF, assisted, enticed, encouraged, and/or supported the
Defendant, ADAM SHAF, to act deceitfully throughout the course of remodeling the Plaintiffs’
backyard and pool, which occurred in the course of conduct involving trade and commerce.
250. That as a result of the Defendant’s deceitful acts, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were caused to sustain monetary damages, including, but not limited to, loss of funds paid
to the Defendants, property damage, and consequential damages due to being forced to hire a new
general contractor and subcontractors to finish the subpar work the Defendants started but never
completed.
46
COUNT XIII – JOINT VENTURE
[Daniel Etoh and Tonia Etoh v. Samuel Kim and Build N Build LLC]
251. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 251 of Count XIII of Plaintiffs’ First Amended
Complaint.
252. At all times relevant, Defendant, SAMUEL KIM, was the owner, manager, agent,
253. At all times relevant, Defendants, SAMUEL KIM and/or BUILD N BUILD LLC,
conducted business, was partners with, and had close ties with Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
254. At all times relevant, all of the aforementioned Defendants had an implied understanding
255. At all times relevant, all of the aforementioned Defendants had a community interest in
marketing, promoting and advertising their services to Plaintiffs, DANIEL ETOH and TONIA
ETOH, for the construction, remodeling and renovation to the Plaintiffs’ backyard and pool for
financial gain.
256. At all times relevant, the aforementioned Defendants each had joint control and
management of the construction project at the Plaintiffs’ home and worked collaboratively to
47
257. At all times relevant, the aforementioned Defendants shared the costs, expenses and profits
258. At all times relevant, Defendant, ADAM SHAF, also engaged Defendants, SAMUEL KIM
and BUILD N BUILD LLC, to assist, manage, and/or oversee the construction project and
259. That at all times relevant, a joint venture relationship existed between Defendants,
SAMUEL KIM and BUILD N BUILD LLC, and Defendants, ADAM SHAF, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
260. At all times relevant, Defendants, SAMUEL KIM and BUILD N BUILD LLC, by and
through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
owed a duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to construct, remodel, renovate,
and complete the Plaintiffs’ backyard in a reasonable and workmanlike fashion, as well as in
accordance with all relevant and required general contractor and construction standards recognized
261. Defendants, SAMUEL KIM and BUILD N BUILD LLC, breached the aforementioned
duty by:
a. Providing subpar and poor workmanlike renovations to the pool and outdoor kitchen
area;
48
b. Failing to erect the pergola the Plaintiffs tendered thirty-nine thousand ($39,000.00)
for;
c. Failing to meet promised deadlines to complete the pool, outdoor kitchen, and
pergola;
d. Failing to supervise and manage the construction projects in the backyard as part of
his responsibilities and duties as the general contractor;
i. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
m. Listed “Sam Kim” (i.e., Samuel Kim) as a point of contact for subcontractors to
contact Build N Build;
n. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
262. As a proximate result of the Defendants, SAMUEL KIM and BUILD N BUILD LLC’s
conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
financially, both temporarily and permanently; were hindered and prevented from attending to
their business and affairs, thereby sustained the loss of earnings, gains or profits; were forced to
hire a new general contractor and subcontractors to complete the renovations; and forced Plaintiffs
to pay out, expend and become liable for large sums of money for the damages sustained herein.
49
COUNT XIV – VICAROUS LIABILITY
[Loaned Servant Doctrine]
[Daniel Etoh and Tonia Etoh v. Samuel Kim and Build N Build LLC]
263. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporates paragraphs 1 through
144 as if set forth fully herein as Paragraph 263 of Count XIV of Plaintiffs’ First Amended
Complaint.
264. At all times relevant, Defendant, SAMUEL KIM and or BUILD N BUILD LLC, was a
BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR through the use of Defendant company, EPOXY FLOOR TECH LLC.
265. That, Defendant, ADAM SHAF, engaged Defendants, SAMUEL KIM and BUILD N
BUILD LLC, to assist, manage, and/or oversee the construction project and subcontractors at the
Plaintiffs’ home.
266. That as an agent, employee, representative, and/or servant of Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR, Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, owed a
duty to the Plaintiffs, DANIEL ETOH and TONIA ETOH, to construct, remodel, renovate, and
accordance with all relevant and required general contractor and construction standards recognized
50
267. Defendants, SAMUEL KIM and BUILD N BUILD LLC, breached the aforementioned
duty by:
a. Providing subpar and poor workmanlike renovations to the pool and outdoor kitchen
area;
b. Failing to erect the pergola the Plaintiffs tendered thirty-nine thousand ($39,000.00)
for;
c. Failing to meet promised deadlines to complete the pool, outdoor kitchen, and
pergola;
d. Failing to supervise and manage the construction projects in the backyard as part of
his responsibilities and duties as the general contractor;
i. Failing to pay subcontractors for the work performed to the Plaintiffs’ backyard;
m. Listed “Sam Kim” (i.e., Samuel Kim) as a point of contact for subcontractors to
contact Build N Build;
n. Failed to provide proper documentation of all costs, paid invoices, and charges from
subcontractors; and
268. As a proximate result of the Defendants, SAMUEL KIM and BUILD N BUILD LLC’s
conduct as aforesaid, Plaintiffs, DANIEL ETOH and TONIA ETOH, were thereby injured
financially, both temporarily and permanently; were forced to hire a new general contractor and
51
subcontractors to complete the renovations; were hindered and prevented from attending to their
business and affairs, thereby sustained the loss of earnings, gains or profits; and forced Plaintiffs
to pay out, expend and become liable for large sums of money for the damages sustained herein.
COUNT XV – MISREPRESENTATION
[Daniel Etoh and Tonia Etoh v. Samuel Kim and Build N Build LLC]
269. Plaintiff herein incorporates paragraphs 1 through 144 as if set forth fully herein as
270. Defendants, SAMUEL KIM and BUILD N BUILD LLC, partnered with Defendant,
271. That Defendant, ADAM SHAF, by and through the use of one or more of the Defendant
businesses, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING
GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD
about:
b. Advised that all invoices for the vendors and subcontractors were paid when they were
not;
c. Created all of the Defendant businesses to avoid pending judgments filed against him;
d. Listed addresses of a UPS box and empty residential lot to impersonate a viable
business address;
e. Used one or more of the Defendant businesses to get the subcontractors and vendors
to engage in business with him to complete the backyard work on the Plaintiffs’
property;
52
f. Advised that there was proper insurance to conduct work on the Plaintiffs’ property
when there was not;
g. Provided an altered contract to Plaintiff, TONIA ETOH, on August 16, 2023 which
changes the deadline for the completion of the construction of the pool;
h. Created invoices memorializing that the subcontractor services and materials were
paid for when they were not (i.e., Pool Cover Pros, Inc.);
i. Repeatedly promised that work deadlines would be met when they were not;
j. Communicated that materials had been delivered to the property to begin certain work
when it was not;
l. Listed “Sam Kim” (i.e., Samuel Kim) as a point of contact for subcontractors to
contact Build N Build for invoice payments when they never intended to pay.
272. All of the aforementioned misrepresentations were done carelessly or negligently to look
favorable to Plaintiffs and convince them to award the Defendants the construction project, without
273. That all times relevant, Defendant, SAMUEL KIM, knew or should have known about
274. That at all times relevant, Defendant, SAMUEL KIM, by and through the Defendant,
ADAM SHAF and the Defendant businesses, knew or should have known the Plaintiffs would
consider and/or rely on the aforementioned representations to contract with Defendants and award
275. That Plaintiffs relied on the aforementioned information and/or statements and believed
53
276. As a result of one or more of the Defendants’ misrepresentations and/or false statements,
Plaintiffs were induced to enter into a contract with Defendants, to award them the construction
project and pay the Defendants large sums of money before beginning of any work.
277. As a result of the aforementioned misrepresentations made by, Defendant, ADAM SHAF,
by and through the use of one and/or all of the Defendant businesses, Plaintiffs, DANIEL ETOH
and TONIA ETOH, suffered significant past, present, and future monetary damages arising out of
278. As a result of the Defendants’ misrepresentations, Plaintiffs, DANIEL ETOH and TONIA
ETOH, were forced to hire a new general contractor and subcontractors to complete the
renovations and suffered significant past, present, and future monetary and property damages.
[Daniel Etoh and Tonia Etoh v. Samuel Kim and Build N Build LLC]
279. Plaintiffs, DANIEL ETOH and TONIA ETOH, herein incorporate paragraphs 1 through
144 as if set forth fully herein as Paragraph 279 of Count XVI of Plaintiffs’ First Amended
Complaint.
280. Defendants, SAMUEL KIM and BUILD N BUILD LLC, partnered with Defendant,
281. That Defendant, ADAM SHAF, by and through the use of one or more of the Defendant
businesses intentionally and knowingly made false statements of material fact to Plaintiffs,
l. Advised that all invoices for the vendors and subcontractors were paid when they
were not;
54
m. Created all of the Defendant businesses to avoid pending judgments currently filed
against him;
n. Listed addresses of a UPS box and empty residential lot to impersonate a viable
business address;
o. Used one or more of the Defendant businesses to get the subcontractors and vendors
to engage in business with him to complete the backyard work on the Plaintiffs’
property;
p. Created invoices memorializing that the subcontractor services and materials were
paid for when they were not (i.e., Pool Cover Pros, Inc.);
q. Provided an altered contract to Plaintiff, TONIA ETOH, on August 16, 2023 which
changes the deadline for the completion of the construction of the pool;
r. Stated on invoices that services and materials were paid for when they were not (i.e.,
Pool Cover Pros, Inc.);
s. Repeatedly promised that work deadlines would be met when they were not; and
t. Communicated that materials had been delivered to the property in order to begin
certain work when it was not
v. Listed “Sam Kim” (i.e., Samuel Kim) as a point of contact for subcontractors to
contact Build N Build for invoice payments when they never intended to pay.
282. That all of the aforementioned misrepresentations were done willfully, intentionally,
283. That the Defendant, ADAM SHAF’s statements were made with the purpose of convincing
284. That Plaintiffs, DANIEL ETOH and TONIA ETOH, reasonably believed and relied on the
aforementioned statements.
285. That based on the aforementioned statements made, the Plaintiffs were induced and
convinced to enter into a contractual relationship with Defendants, ADAM SHAF and
55
BACKYARD ESCAPE LLC, award them the construction project, and make several deposits and
286. At all times relevant, Defendant, ADAM SHAF, engaged SAMUEL KIM and BUILD N
287. At all times relevant the Defendant, SAMUEL KIM, knew or should have known that
Defendant, ADAM SHAF, did not intend to complete the construction project or keep the promises
made to the Plaintiffs; but rather pocket the Plaintiffs’ money paid for renovations.
288. As a result of the aforementioned fraudulent statements made by the Defendant, ADAM
SHAF, by and through the use of one and/or all of the Defendant businesses, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
and/or LZ BUILDING ADVISOR, Plaintiffs, DANIEL ETOH and TONIA ETOH, were forced to
hire a new general contractor and subcontractors to complete the renovations and suffered
significant past, present, and future monetary and property damages valued over $400,000.00.
[James Akmakjian v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake Zurich
Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build
Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor]
289. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 289 of Count XVII of Plaintiffs’ First Amended Complaint.
290. At all times relevant, Defendant, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following entities when he contracted with Plaintiff,
JAMES AKMAKJIAN, to remodel the Plaintiff’s pool: BACKYARD ESCAPE LLC, BUILD N
56
BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY
SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
291. At all times relevant, a valid and legally binding contract existed between Plaintiff, JAMES
292. Prior to the beginning of the construction work outlined in the contract, Plaintiff, JAMES
AKMAKJIAN, provided sufficient consideration in the form of deposits and down payments for
293. At all times relevant, the Parties were of sound mind when formulating this contract.
294. At all times relevant, Defendant, ADAM SHAF, used one or more of the aforementioned
Defendant businesses listed herein to further the construction work performed on the Plaintiff’s
295. Throughout the course of improving the backyard Defendants, ADAM SHAF and
BACKYARD ESCAPE LLC, breached one or more of the following terms of the contract:
a. Section 2: Terms of Payment, by failing to provide Plaintiffs with timely and proper
invoices which sufficiently identified each vendor and subcontractor and which
proved that the invoices were paid;
57
e. Section 7: Substitutions, by failing to provide proper documentation, such as a
declaration page or certification of insurance, to prove that Defendants had the
required insurance coverage to work on the property;
j. Section 10: Terminating the Agreement; by failing to provide proper cause as to the
termination of the contract or cause as to why work was never performed as required
by the contract;
k. Section 12: Default, by failing to maintain the schedule of work, failing to correct
the default, otherwise committing a material breach of the contract and failing to
satisfy the requirements of the agreement;
l. Failing to start the scope of work promised as outlined in Exhibit A and the proposal;
and
m. Failing to complete the work promised as outlined in Exhibit A and the proposal.
ESCAPE LLC, by and through the use of one and/or all of the Defendant businesses, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
arising out of the Defendants and were forced to hire a new general contractor and subcontractors
to complete the renovations due to Defendants, ADAM SHAF and BACKYARD ESCAPE LLC’s
58
COUNT XVIII – PROMISSORY ESTOPPEL
[James Akmakjian v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake Zurich
Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build
Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor]
297. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 297 of Count XVIII of Plaintiffs’ First Amended Complaint.
298. That at all times relevant, a legally binding contract existed between the Defendants,
ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiff, JAMES AKMAKJIAN.
299. At all times relevant, Defendant, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following businesses when he contracted with
Plaintiff, JAMES AKMAKJIAN, to remodel his pool and backyard: BACKYARD ESCAPE LLC,
BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD
GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
ADVISOR.
payment to the Defendant, ADAM SHAF, based on the promise that the money provided would
be used as a downpayment for work to be performed and materials needed to begin construction.
301. The total amount Plaintiff, JAMES AKMAKJIAN, paid Defendants, ADAM SHAF and
302. The payment Plaintiff, JAMES AKMAKJIAN, made for the construction project was
59
304. Plaintiff, JAMES AKMAKJIAN’s reliance was expected and foreseeable and was known
received any construction services from the Defendant and was in debt for the Sixty Thousand
Dollars ($60,000.00) paid to Defendants, ADAM SHAF and BACKYARD ESCAPE LLC.
306. It would be inequitable and unjust for Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR to keep the money they received as payment and never earned.
[James Akmakjian v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake Zurich
Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build
Group, Shaf Builders, Zurich Builders, Transformations Home, Bye Construction and LZ
Building Advisor]
307. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 307 of Count XIX of Plaintiffs’ First Amended Complaint.
308. Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, made a promise to Plaintiff,
309. At all times relevant, Defendants, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following entities when he contracted with Plaintiff,
JAMES AKMAKJIAN: BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH
BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE
60
DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS, TRANSFORMATIONS
total of Sixty Thousand Dollars ($60,000.00) in payments to the Defendant, ADAM SHAF, based
311. Plaintiff, JAMES AKMAKJIAN, addressed all payments to “Adam Shaf” and/or
313. Plaintiff, JAMES AKMAKJIAN’s reliance was expected, foreseeable, and was known or
314. As a result of Defendants’ failure to perform under the terms of the contract, Plaintiff,
JAMES AKMAKJIAN, never had his pool or backyard remodeled and lost the entire sum of
315. It would be inequitable and unjust for Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR to keep the money they received and never earned.
COUNT XX – MISREPRESENTATION
[James Akmakjian v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake Zurich
Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build
Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor]
61
316. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 316 of Count XX of Plaintiffs’ First Amended Complaint.
317. That Defendant, ADAM SHAF, by and through the use of one or more of the Defendant
businesses, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING
GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD
a. Representing that Defendant, ADAM SHAF, was financially stable, that his work was
reputable, and that he has been in business for over twenty (20) years;
c. Promising that the $60,000.00 Plaintiff paid would be used to buy materials, secure
subcontractors and begin work on the Plaintiff’s property.
d. Concealing the fact that BACKYARD ESCAPE was created to avoid pending
judgments filed against him and be able to continue working;
g. Submitting applications to the Village of Long Grove for construction permits when
he knew he would not be able to obtain a permit;
i. Misrepresenting that there was proper insurance to perform work on the Plaintiff’s
property when there was not; and
j. Misrepresenting that ADAM SHAF and BACKYARD ESCAPE LLC had legitimate
insurance coverage for all of the businesses and subcontractors assigned to perform
work on the Plaintiff’s home when they did not.
62
318. All of the aforementioned misrepresentations were done carelessly or negligently to look
favorable to the Plaintiff and convince him to award the Defendants the construction project,
319. That at all times relevant, Defendants, ADAM SHAF and BACKYARD ESCAPE LLC,
by and through the Defendant businesses, knew or should have known the Plaintiff would consider
and/or rely on the aforementioned representations and statements when determining whether to
award Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, the pool remodeling project.
320. That Plaintiff reasonably relied on the aforementioned representations and/or statements
and reasonably believed that these statements were truthful and honest.
321. That the Defendant, ADAM SHAF’s misrepresentations and/or false statements, enticed
and induced the Plaintiff to contract with Defendants, award the remodeling project to
BACKYARD ESCAPE LLC, and pay a large sum of money to Defendants before beginning
construction.
by and through the use of one and/or all of the Defendant businesses, Plaintiff, JAMES
AKMAKJIAN, suffered significant past, present, and future monetary damages arising out of or
[James Akmakjian v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake Zurich
Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build
Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor]
63
324. Plaintiff, JAMES AKMAKJIAN, herein incorporate paragraphs 1 through 144 as if set
forth fully herein as Paragraph 325 of Count XXI of Plaintiffs’ First Amended Complaint.
325. That Defendant, ADAM SHAF, by and through the use of one or more of the Defendant
businesses intentionally and knowingly made false statements of material fact to Plaintiff, JAMES
AKMAKJIAN, about:
c. Promising that the $60,000.00 Plaintiff paid would be used to buy materials, secure
subcontractors and begin work on the Plaintiff’s property.
d. The fact that BACKYARD ESCAPE LLC was created to avoid pending judgments
currently filed against him and be able to continue working;
j. Representing that ADAM SHAF and BACKYARD ESCAPE LLC had legitimate
insurance coverage for all of the businesses and subcontractors assigned to perform
work on the Plaintiff’s home when he did not.
326. That all of the aforementioned misrepresentations were done willfully, intentionally,
327. That the Defendant, ADAM SHAF’s statements were made to convince Plaintiff, JAMES
64
328. That Plaintiff, JAMES AKMAKJIAN, reasonably believed and relied on these statements.
329. That based on the Defendant, ADAM SHAF’s statements, the Plaintiff, JAMES
AKMAKJIAN, was enticed, convinced and induced to contract with Defendants, ADAM SHAF
and BACKYARD ESCAPE LLC, award them the construction project, and tendering the
330. As a result of the aforementioned fraudulent statements made by the Defendant, ADAM
SHAF, by and through the use of one and/or all of the Defendant businesses, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
monetary damages.
[James Akmakjian v. Adam Shaf, Derek Shaf, Backyard Escape LLC, Build N Build
LLC, Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a
Luxe Design Build Group, Shaf Builders, Zurich Builders Transformations Home,
Bye Construction and LZ Building Advisor]
331. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 331 of Count XXII of Plaintiffs’ First Amended Complaint.
332. At all times relevant, Defendant, ADAM SHAF, promised Plaintiff, JAMES
AKMAKJIAN, that he would remodel Plaintiff’s pool and backyard in exchange for payment.
333. The aforementioned promises were memorialized in a proposal and contract that
Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, drafted and presented to Plaintiff,
JAMES AKMAKJIAN.
65
334. At all times relevant, Defendant, ADAM SHAF and BACKYARD ESCAPE LLC,
intended for Plaintiff, JAMES AKMAKJIAN, to rely on the Defendants’ promises outlined in the
335. That Plaintiff, JAMES AKMAKJIAN, reasonably relied on the Defendants’ promises.
336. At all times relevant, the aforementioned work was performed and/or conducted through
Defendants, ADAM SHAF and DEREK SHAF, and one or more of the Defendant Businesses:
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
337. That Defendants, ADAM SHAF and DEREK SHAF, by and through one or more of the
Defendant Businesses acted deceitfully to entice Plaintiff to award BACKYARD ESCAPE LLC,
to bid for the pool remodel and pay $60,000.00 to him for work that was never performed.
338. As a result of the Defendants’ deceitful acts, Plaintiff, JAMES AKMAKJIAN, was caused
339. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 339 of Count XXIII of Plaintiffs’ First Amended Complaint.
340. At all times relevant, Defendant, DEBRA SHAF, was the owner, manager, agent,
341. At all times relevant, Defendants, DEBRA SHAF and/or LA BELLE ET LA BETE,
conducted business and had close ties with Defendants, ADAM SHAF, BACKYARD ESCAPE
66
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
342. At all times relevant, all of the aforementioned Defendants had an implied understanding
343. At all times relevant, all of the aforementioned Defendants had a community interest in
marketing, promoting and advertising their services to Plaintiff, JAMES AKMAKJIAN, for the
344. At all times relevant, the aforementioned Defendants each had joint control and
management of the potential construction project at Plaintiff’s home and worked collaboratively
345. At all times relevant, the aforementioned Defendants shared the costs, expenses, and profits
346. That at all times relevant, a joint venture relationship existed between Defendants, DEBRA
SHAF and LA BELLE ET LA BETE, and Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
347. At all times relevant, Defendants, DEBRA SHAF and LA BELLE ET LA BETE, by and
through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
67
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
348. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, breached the aforementioned
duty by:
e. Failing to use the money paid for materials, securing vendors and subcontractors,
and begin remodeling; and
349. As a proximate result of the Defendants, DEBRA SHAF and LA BELLE ET LA BETE’s
actions as aforesaid, Plaintiff, JAMES AKMAKJIAN, was thereby injured financially, both
temporarily and permanently; was hindered and prevented from attending to his business and
affairs; and thereby sustained the loss of earnings, gains or profits; and sustained a loss of a large
sum of money.
350. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 350 of Count XXIV of Plaintiffs’ First Amended Complaint.
351. At all times relevant, Defendant, DEBRA SHAF, a partner, owner, shareholder, and/or
68
ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
352. As partner, owner, shareholder, and/or representative, DEBRA SHAF, had apparent,
implied and actual authority and responsibility for Defendants, BACKYARD ESCAPE LLC,
BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD
GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
353. That as a partner, owner, shareholder, and/or representative of Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
BETE, owed a duty to the Plaintiff, JAMES AKMAKJIAN, to construct, remodel, renovate, and
354. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, breached the aforementioned
duty through Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BUILD N BUILD LLC,
LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC
69
b. Taking Plaintiff’s money and never began construction;
e. Failing to use the money paid for materials, securing vendors and subcontractors,
and begin remodeling; and
355. As a proximate result of the Defendants, DEBRA SHAF and LA BELLE ET LA BETE’s
actions as aforesaid, Plaintiff, JAMES AKMAKJIAN, was thereby injured financially, both
temporarily and permanently; hindered and prevented from attending to his business and affairs;
and thereby sustained the loss of earnings, gains or profits and lost a large sum of money.
356. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 356 of Count XXI of Plaintiffs’ First Amended Complaint.
357. At all times relevant, Defendants, ADAM SHAF and DEBRA SHAF, worked
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
358. Before Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, contracted with
70
solicited, and publicized BACKYARD ESCAPE LLC and/or TRANSFORMATIONS HOME’s
359. Said promotions, advertisements, solicitations, and publications were made from her own
personal social media accounts, as well as the social media accounts for Defendant’s company,
TRANSFORMATIONS HOME.
360. That the Defendant, DEBRA SHAF’s marketing and promotion enticed potential clients to
work with Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BYE CONSTRUCTION
362. The aforementioned promises were memorialized in a proposal and executed contract
between Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiff, JAMES
AKMAKJIAN.
363. At all times relevant, Defendant, DEBRA SHAF, intended for Plaintiff, JAMES
364. That Plaintiff, JAMES AKMAKJIAN, reasonably relied on the Defendants’ promises.
365. At all times relevant, the aforementioned work was intended to be performed, overseen,
366. That Defendant, DEBRA SHAF, assisted, enticed, encouraged, and/or supported the
Defendant, ADAM SHAF, to act deceitfully throughout the course contracting with Plaintiff,
JAMES AKMAKJIAN, and convince him to award the bid to remodel his pool to BACKYARD
ESCAPE LLC.
71
367. As a result of the Defendant, DEBRA SHAF’s actions, Plaintiff, JAMES AKMAKJIAN,
was caused to sustain monetary damages, including, but not limited to, loss of funds paid for but
368. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 368 of Count XXVI of Plaintiffs’ First Amended Complaint.
369. At all times relevant, Defendant, SAMUEL KIM, was the owner, manager, agent, partner,
370. At all times relevant, Defendants, SAMUEL KIM and/or BUILD N BUILD LLC,
conducted business, partnered with, and had close ties with Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
371. At all times relevant, all of the aforementioned Defendants had an implied understanding
372. At all times relevant, all of the aforementioned Defendants had a community interest in
marketing, promoting and advertising their services to Plaintiff, JAMES AKMAKJIAN, for the
construction, remodeling and renovation to the Plaintiff’s backyard and pool for financial gain.
373. At all times relevant, the aforementioned Defendants each had joint control and
management of the potential construction project at Plaintiff’s home and worked collaboratively
72
374. At all times relevant, the aforementioned Defendants shared the costs, expenses, and profits
375. At all times relevant, Defendant, ADAM SHAF, engaged Defendants, SAMUEL KIM and
BUILD N BUILD LLC, to assist, manage, and/or oversee the construction project and
376. That at all times relevant, a joint venture relationship existed between Defendants,
SAMUEL KIM and BUILD N BUILD, and Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
377. At all times relevant, Defendants, SAMUEL KIM and BUILD N BUILD LLC, by and
through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
owed a duty to the Plaintiff, JAMES AKMAKJIAN, to construct, remodel, renovate, and complete
378. Defendants, SAMUEL KIM and BUILD N BUILD LLC, breached the aforementioned
duty by:
73
e. Failing to use the money paid for materials, securing vendors and subcontractors,
and begin remodeling; and
379. At all times relevant the Defendant, SAMUEL KIM, knew or should have known that
Defendant, ADAM SHAF, did not intend to begin or complete the construction project, but
380. As a proximate result of the Defendants, SAMUEL KIM and BUILD N BUILD LLC’s
actions as aforesaid, Plaintiff, JAMES AKMAKJIAN, was thereby injured financially, both
temporarily and permanently; was hindered and prevented from attending to his business and
affairs; and thereby sustained the loss of earnings, gains or profits; and sustained a loss of a large
sum of money.
381. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 381 of Count XXVII of Plaintiffs’ First Amended Complaint.
382. At all times relevant, Defendant, SAMUEL KIM, a partner, owner, shareholder, and/or
ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
383. That, Defendant, ADAM SHAF, engaged Defendants, SAMUEL KIM and BUILD N
BUILD LLC, to assist, manage, and/or oversee the construction project and subcontractors at the
Plaintiff’s home.
74
384. As partner, owner, shareholder, and/or representative, Defendant, SAMUEL KIM, had
apparent, implied and actual authority and responsibility for Defendants, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
385. That as a partner, owner, shareholder, and/or representative of Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
CTION and/or LZ BUILDING ADVISOR, Defendants, SAMUEL KIM and BUILD N BUILD
LLC, owed a duty to the Plaintiff, JAMES AKMAKJIAN, to construct, remodel, renovate, and
386. Defendants, SAMUEL KIM and BUILD N BUILD LLC, breached the aforementioned
duty, by and through ADAM SHAF, BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING
GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD
e. Failing to use the money paid for materials, securing vendors and subcontractors,
and begin remodeling; and
75
f. Being otherwise negligent.
387. As a proximate result of the Defendants, SAMUEL KIM and BUILD N BUILD LLC’s
actions as aforesaid, Plaintiff, JAMES AKMAKJIAN, was thereby injured financially, both
temporarily and permanently; hindered and prevented from attending to his business and affairs;
and thereby sustained the loss of earnings, gains or profits and lost a large sum of money.
388. Plaintiff, JAMES AKMAKJIAN, herein incorporates paragraphs 1 through 144 as if set
forth fully herein as Paragraph 388 of Count XXVIII of Plaintiffs’ First Amended Complaint.
389. At all times relevant, Defendants, ADAM SHAF and SAMUEL KIM, worked
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
390. Before Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, contracted with
Plaintiff, JAMES AKMAKJIAN, Defendant, SAMUEL KIM, assisted Defendant, ADAM SHAF,
in recruiting potential clients, obtaining business, and promoting one or more of the Defendant
businesses; services to the public and potential clients, including the Plaintiff.
391. Said solicitations and recruitment were made to entice potential clients to award one or
more of the Defendant businesses as the general contractor for a renovation project, including the
76
392. That the Defendant, SAMUEL KIM’s solicitation and promotion enticed potential clients
to work with Defendants, ADAM SHAF, BUILD N BUILD LLC, BACKYARD ESCAPE LLC,
AKMAKJIAN.
394. The aforementioned promises were memorialized in a proposal and executed contract
between Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiff, JAMES
AKMAKJIAN.
395. At all times relevant, Defendant, SAMUEL KIM, intended for Plaintiff, JAMES
396. That Plaintiff, JAMES AKMAKJIAN, reasonably relied on the Defendants’ promises.
397. At all times relevant, the aforementioned work was intended to be performed, overseen,
managed, supervised and/or conducted by Defendants, SAMUEL KIM and/or BUILD N BUILD.
398. That Defendant, SAMUEL KIM, assisted, enticed, encouraged, and/or supported the
Defendant, ADAM SHAF, to act deceitfully throughout the course contracting with Plaintiff,
JAMES AKMAKJIAN, and convince him to award the bid to remodel his pool to BACKYARD
ESCAPE LLC.
399. As a result of the Defendant, SAMUEL KIM’s actions, Plaintiff, JAMES AKMAKJIAN,
was caused to sustain monetary damages, including, but not limited to, loss of funds paid for but
77
COUNT XXIX – BREACH OF CONTRACT
[Annamarie Stornello v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake
Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design
Build Group, Shaf Builders, Zurich Builders, Transformations Home
Bye Construction and LZ Building Advisor]
set forth fully herein as Paragraph 400 of Count XXIX of Plaintiffs’ First Amended Complaint.
401. At all times relevant, Defendant, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following entities when he contracted with Plaintiff,
ANNAMARIE STORNELLO, to remodel the interior and exterior of her home: BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
402. At all times relevant, a valid and legally binding contract existed between Plaintiff,
ANNAMARIE STORNELLO, and Defendants, ADAM SHAF and BACKYARD ESCAPE LLC.
403. Prior to the beginning of the construction work outlined in the contract, Plaintiff,
and down payments for the materials and work expected to be performed to the backyard.
404. At all times relevant, the Parties were of sound mind when formulating this contract.
405. At all times relevant, Defendant, ADAM SHAF, used one or more of the aforementioned
Defendant businesses listed herein to conduct the remodel, perform renovations to Plaintiff’s
406. Throughout the course of renovations, Defendants, ADAM SHAF and BACKYARD
ESCAPE LLC, breached one or more of the following terms of the contract:
78
a. Failing to provide the Plaintiff with timely and proper invoices which sufficiently
identify each vendor and subcontractor and which proved that the invoices were
paid;
b. Failing to complete renovations inside and outside of the home by the end of June
2023;
d. Failing to cooperate with the Plaintiff and other workers on the property in providing
assurance in the form of legitimate invoices;
e. Failing to pay the subcontractors the money owed for Plaintiff’s home and previous
clients’ renovations;
g. Misrepresenting that there was adequate insurance coverage required to work on the
property;
l. Failing to renovate the interior and exterior of Plaintiff’s home as planned and
promised.
ESCAPE LLC, by and through the use of one and/or all of the Defendant businesses, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
79
property damage; was forced to hire a new general contractor and subcontractors to complete the
renovations; was left with incomplete interior and exterior renovations; and suffered significant
if set forth fully herein as Paragraph 408 of Count XXX of Plaintiffs’ First Amended Complaint.
409. That at all times relevant, a legally binding contract existed between the Defendants,
ADAM SHAF and BACKYARD ESCAPE LLC, and Plaintiff, ANNAMARIE STORNELLO.
410. At all times relevant, Defendants, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following businesses while remodeling the interior
BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD
GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
ADVISOR.
various payments to the Defendant, ADAM SHAF, based on the promise that he would complete
412. The total amount Plaintiff, ANNAMARIE STORNELLO, paid Defendants, ADAM SHAF
and BACKYARD ESCAPE LLC, was over two hundred thousand dollars ($200,000.00).
80
413. Each payment the Plaintiff, ANNAMARIE STORNELLO, made was addressed to “Adam
Shaf”, “Backyard Escape LLC”, “Build N Build LLC”, “Lake Zurich Building Group LLC”,
“Luxe Design Build Group by Shaf LLC d/b/a Luxe Design Build Group”, “Shaf Builders”,
415. Plaintiff, ANNAMARIE STORNELLO’s reliance was expected, foreseeable and was
left with interior and exterior renovations of her home and paid an exorbitant amount of money to
Defendants, ADAM SHAF and BACKYARD ESCAPE LC, for work that was never completed.
417. It would be inequitable and unjust for Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LL, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
[Annamarie Stornello. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake
Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design
Build Group, Shaf Builders, Zurich Builders, Transformations Home and LZ Building
Advisor]
if set forth fully herein as Paragraph 418 of Count XXXI of Plaintiffs’ First Amended Complaint.
81
419. Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, made a promise to Plaintiff,
420. At all times relevant, Defendants, ADAM SHAF, owned, used, operated, managed, or
conducted business under one or more of the following entities while remodeling the interior and
N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP
BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
ADVISOR.
various payments to the Defendant, ADAM SHAF, based on his promise that he would complete
422. The total amount Plaintiff, ANNAMARIE STORNELLO, paid Defendants, ADAM SHAF
and BAKCYARD ESCAPE LLC, was over two hundred thousand dollars ($200,000.00).
423. Each payment the Plaintiff, ANNAMARIE STORNELLO, made were addressed to “Adam
Shaf”, “Backyard Escape LLC”, “Build N Build LLC”, “Lake Zurich Building Group LLC”,
“Luxe Design Build Group by Shaf LLC d/b/a Lux Design Build Group”, “Shaf Builders”, “Zurich
425. The Plaintiffs ANNAMARIE STORNELLO’s reliance was expected, foreseeable and was
82
426. As a result of Defendants’ failure to complete renovating, Plaintiff, ANNAMARIE
STORNELLO, was left incomplete renovations to the interior and exterior of her home and paid
an exorbitant amount of money to Defendants, ADAM SHAF and BACKYARD ESCAPE LLC,
427. It would be inequitable and unjust for Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
[Annamarie Stornello v. Adam Shaf, Backyard Escape LLC, Build N Build LLC, Lake
Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a Luxe Design
Build Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor]
if set forth fully herein as Paragraph 428 of Count XXXII of Plaintiffs’ First Amended Complaint.
429. At all times relevant to the remodel of the Plaintiff, ANNAMARIE STORNELLO’s home,
Defendant, ADAM SHAF, was the owner, manager, agent, employee, representative, and/or
servant of one or more of the following Defendant businesses: BACKYARD ESCAPE LLC,
BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD
GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
ADVISOR.
430. At all times relevant, Defendant businesses, BACKYARD ESCAPE LLC, BUILD N
BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY
83
SHAF LLC, d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
and through Defendant, ADAM SHAF, owed a duty to the Plaintiff, ANNAMARIE
reasonable and workmanlike fashion and in accordance with all relevant and required general
431. Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH
BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE
a. Providing subpar and poor workmanlike renovations to the interior and exterior of
the home;
b. Failing to complete the work started inside and outside of the home;
d. Failing to supervise and manage the construction projects for the home as part of his
responsibilities and duties as the general contractor;
g. Using the wrong materials and hardware that was not agreed to by Plaintiff;
h. Failing to use the right counter tops, cabinets, and hardware throughout the interior
of the home while renovating;
i. Improperly cut a beam that was supposed to be installed in the home, rendering it
useless and unreturnable;
j. Failing to pay subcontractors for the work performed upon the property;
84
k. Failing to maintain proper insurance for the construction project;
l. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
o. Failed to return all money remaining for work that was never completed; and
432. As a proximate result of the Defendants, BACKYARD ESCAPE LLC, BUILD N BUILD
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS, LZ
ADAM SHAF’s actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured
financially, both temporarily and permanently; sustained property damage; was hindered and
prevented from attending to her business and affairs; sustained the loss of earnings, gains or profits;
and was forced to pay out, expend and become liable for large sums of money for the damages
sustained herein.
[Annamarie Stornello v. Adam Shaf, Debra Shaf, Backyard Escape LLC, Build N Build
LLC, Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a
Luxe Design Build Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor]
433. Plaintiff herein incorporates paragraphs 1 through 144 as if set forth fully herein as
85
434. At all times relevant, Defendants, DEREK SHAF and DEBRA SHAF, worked
collaboratively as partners, managers and/or general contractors to conduct the construction work
on Plaintiff’s property.
435. That Defendants, ADAM SHAF and DEBRA SHAF, by and through the use of one or
more of the Defendant businesses, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE
ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
b. Advised that all invoices for all vendors and subcontractors were paid when they
were not;
c. Created all of the Defendant businesses to avoid pending judgments filed against
him;
d. Listed addresses of a UPS box and empty residential lot to impersonate a viable
business address;
e. Used one or more of the Defendant businesses to get the subcontractors and vendors
to engage in business with him to complete the backyard work on the Plaintiffs’
property;
f. Advised that there was proper insurance to conduct work on the Plaintiffs’ property
when there was not;
g. Created invoices memorializing that the subcontractor services and materials were
paid for when they were not (i.e., Pool Cover Pros, Inc.);
86
j. Communicated that materials had been delivered to the property to begin certain
work when it was not.
436. All of the aforementioned misrepresentations were done carelessly or negligently to look
favorable to Plaintiff and convince her to award the Defendants the construction project to them
and continue working, without knowledge of whether the statements or promises were true or
could be performed.
437. That at all times relevant, Defendants, ADAM SHAF and DEBRA SHAF, by and through
the Defendant businesses, knew or should have known Plaintiff would consider and/or rely on the
aforementioned representations when contracting with Defendants and awarding them the
construction bid.
438. That Plaintiff reasonably relied on the aforementioned information and/or statements and
439. As a result of one or more of the Defendants’ misrepresentations and/or false statements,
Plaintiff was enticed, encouraged and induced to enter into a contract with Defendants, ADAM
SHAF and BACKYARD ESCAPE LLC, award them the construction project, and pay the
by and through the use of one and/or all of the Defendant businesses, Plaintiff, ANNAMARIE
STORNELLO, suffered significant past, present, and future property and monetary damages
arising out of or relating to the terms of this contract and work performed which is valued over
$200,000.00.
ANNAMARIE STORNELLO, suffered significant past, present, and future monetary and
property damages.
87
COUNT XXXIV – FRAUD
[Annamarie Stornello v. Adam Shaf, Debra Shaf, Backyard Escape LLC, Build N Build
LLC, Lake Zurich Building Group LLC, Luxe Design Build Group by Shaf LLC d/b/a
Luxe Design Build Group, Shaf Builders, Zurich Builders, Transformations Home,
Bye Construction and LZ Building Advisor.
set forth fully herein as Paragraph 442 of Count XXXIV of Plaintiffs’ First Amended Complaint.
443. At all times relevant, Defendants, DEREK SHAF and DEBRA SHAF, worked
collaboratively as partners, managers and/or general contractors to conduct the construction work
on Plaintiff’s property.
444. That Defendants, ADAM SHAF and DEBRA SHAF, by and through the use of one or
more of the Defendant businesses intentionally and knowingly made the following false statements
b. Advised that all invoices for all vendors and subcontractors were paid when they
were not;
c. Created all of the Defendant businesses to avoid pending judgments filed against
him;
d. Listed addresses of a UPS box and empty residential lot to impersonate a viable
business address;
e. Used one or more of the Defendant businesses to get the subcontractors and vendors
to engage in business with him to complete the backyard work on the Plaintiffs’
property;
f. Advised that there was proper insurance to conduct work on the Plaintiffs’ property
when there was not;
g. Created invoices memorializing that the subcontractor services and materials were
paid for when they were not (i.e., Pool Cover Pros, Inc.);
88
h. Stated that he lacked knowledge as to why the subcontractors stopped working on
renovations to the home;
i. Repeatedly promised to meet deadlines Defendants knew they never were going to
meet or complete; and
j. Communicated that materials had been delivered to the property to begin certain
work when it was not.
445. That all of the aforementioned misrepresentations were done willfully, intentionally,
446. That Defendant, ADAM SHAF’s statements were made to convince Plaintiff,
447. That Plaintiff, ANNAMARIE STORNELLO, reasonably believed and relied on the
aforementioned statements.
448. That based on the aforementioned statements made, the Plaintiff was induced and
convinced to enter into a contractual relationship with Defendants, ADAM SHAF and
BACKYARD ESCAPE LLC, award them the construction project, and make several deposits and
449. As a result of the aforementioned fraudulent statements made by the Defendant, ADAM
SHAF, by and through the use of Defendant, DEBRA SHAF, and/or one or more of the Defendant
businesses, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING
GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD
suffered significant past, present, and future monetary and property damages valued over
$200,000.00.
89
COUNT XXXV – VIOLATION OF 815 ILCS 505/1
ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT
[Annamarie Stornello v. Adam Shaf, Derek Shaf, Debra Shaf, Samuel Kim, Backyard
Escape LLC, Build N Build LLC, Lake Zurich Building Group LLC, Luxe Design Build
Group by Shaf LLC d/b/a Luxe Design Build Group, Shaf Builders, Zurich Builders
Transformations Home, Bye Construction and LZ Building Advisor]
if set forth fully herein as Paragraph 450 of Count XXXV of Plaintiffs’ First Amended Complaint.
451. At all times relevant, Defendant, ADAM SHAF, promised Plaintiff, ANNAMARIE
STORNELLO, to renovate the interior and exterior of her home in exchange for payment.
452. That Plaintiff, ANNAMARIE STORNELLO, paid Defendant, ADAM SHAF, money to
453. At all times relevant, Defendant, ADAM SHAF, intended for Plaintiff, ANNAMARIE
455. At all times relevant, the aforementioned work was performed and/or conducted through
one or more of the Defendant Businesses: BACKYARD ESCAPE LLC, BUILD N BUILD LLC,
LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC
456. That Defendant, ADAM SHAF, by and through one or more of the Defendant Businesses
acted deceitfully throughout the course of remodeling the Plaintiff’s home, which occurred in the
457. That as a result of the Defendant’s deceitful acts, Plaintiff, ANNAMARIE STORNELLO,
was caused to sustain monetary and property damages, including, but not limited to, loss of funds
90
paid to the Defendants, and consequential damages due to being forced to hire a new
if set forth fully herein as Paragraph 458 of Count XXXVI of Plaintiffs’ First Amended Complaint.
459. At all times relevant, Defendant, DEREK SHAF, was the owner, manager, agent,
460. At all times relevant, Defendants, DEREK SHAF and/or EPOXY FLOOR TECH LLC,
conducted business and had close ties with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
461. At all times relevant, all of the aforementioned Defendants had an implied understanding
462. At all times relevant, all of the aforementioned Defendants had a community interest in
463. At all times relevant, the aforementioned Defendants each had joint control and
management of the construction project at Plaintiff’s home and worked collaboratively to perform
91
464. At all times relevant, the aforementioned Defendants shared the costs, expenses and profits
465. That at all times relevant, a joint venture relationship existed between Defendants, DEREK
SHAF and EPOXY FLOOR TECH LLC, and Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
466. At all times relevant, Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, by
and through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD
ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
construct, remodel, renovate, and complete the Plaintiff’s home in a reasonable and workmanlike
fashion, and in accordance with all relevant and required general contractor and construction
467. Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, breached the
a. Providing subpar and poor workmanlike renovations to the interior and exterior of the
home;
b. Failing to complete the work started inside and outside of the home;
d. Failing to supervise and manage the construction projects for the home as part of his
responsibilities and duties as the general contractor;
92
e. Failing to obtain proper permits to conduct construction upon the Plaintiff’s property;
g. Using the wrong materials and hardware that was not agreed to by Plaintiff;
h. Failing to use the right counter tops, cabinets, and hardware throughout the interior of
the home while renovating;
i. Improperly cut a beam that was supposed to be installed in the home, rendering it
useless and unreturnable;
j. Failing to pay subcontractors for the work performed upon the property;
l. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
o. Failed to return all money remaining for work that was never completed; and
468. As a proximate result of the Defendants, DEREK SHAF and EPOXY FLOOR TECH
financially, both temporarily and permanently; hindered and prevented from attending to her
business and affairs; sustained the loss of earnings, gains or profits; and was forced to pay out,
expend and become liable for large sums of money for the damages sustained herein.
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469. Plaintiff, ANNAMARIE STORNELLO, herein incorporates paragraphs 1 through 144 as
if set forth fully herein as Paragraph 469 of Count XXXVII of Plaintiffs’ First Amended
Complaint.
470. At all times relevant, Defendant, DEREK SHAF, was an agent, employee, representative,
and/or servant of Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BUILD N BUILD
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
471. That as an agent, employee, representative, and/or servant of Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
FLOOR TECH LLC, owed a duty to the Plaintiff, ANNAMARIE STORNELLO, to construct,
remodel, renovate, and complete the Plaintiff’s home in a reasonable and workmanlike fashion,
and in accordance with all relevant and required general contractor and construction standards
472. Defendants, DEREK SHAF and EPOXY FLOOR TECH LLC, breached the
a. Providing subpar and poor workmanlike renovations to the interior and exterior of
the home;
b. Failing to complete the work started inside and outside of the home;
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d. Failing to supervise and manage the construction projects for the home as part of his
responsibilities and duties as the general contractor;
g. Using the wrong materials and hardware that was not agreed to by Plaintiff;
h. Failing to use the right counter tops, cabinets, and hardware throughout the interior
of the home while renovating;
i. Improperly cut a beam that was supposed to be installed in the home, rendering it
useless and unreturnable;
j. Failing to pay subcontractors for the work performed upon the property;
l. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
o. Failed to return all money remaining for work that was never completed; and
473. As a proximate result of the Defendants, DEREK SHAF and EPOXY FLOOR TECH
financially, both temporarily and permanently; hindered and prevented from attending to her
business and affairs, sustained the loss of earnings, gains or profits; and forced to pay out, expend
and become liable for large sums of money for the damages sustained herein.
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COUNT XXXVIII – JOINT VENTURE
if set forth fully herein as Paragraph 474 of Count XXXVIII of Plaintiffs’ First Amended
Complaint.
475. At all times relevant, Defendant, DEBRA SHAF, was the owner, manager, agent,
476. At all times relevant, Defendants, DEBRA SHAF and/or LA BELLE ET LA BETE,
conducted business and had close ties with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
477. At all times relevant, all of the aforementioned Defendants had an implied understanding
478. At all times relevant, all of the aforementioned Defendants had a community interest in
marketing, promoting and marketing their services to Plaintiff, ANNAMARIE STORNELLO, for
479. At all times relevant, the aforementioned Defendants each had joint control and
management of the construction project at the Plaintiffs’ home and worked collaboratively to
480. At all times relevant, the aforementioned Defendants shared the costs, expenses and profits
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481. That at all times relevant, a joint venture relationship existed between Defendants, DEBRA
SHAF and LA BELLE ET LA BETE, and Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
482. At all times relevant, Defendants, DEBRA SHAF and LA BELLE ET LA BETE, by and
through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
complete the Plaintiff’s home in a reasonable and workmanlike fashion, and in accordance with
all relevant and required general contractor and construction standards recognized in their
respective industries.
483. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, breached the aforementioned
duty by:
a. Providing subpar and poor workmanlike renovations to the interior and exterior of
the home;
b. Failing to complete the work started inside and outside of the home;
d. Failing to supervise and manage the construction projects for the home as part of his
responsibilities and duties as the general contractor;
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f. Using improper or faulty materials for the renovations;
g. Using the wrong materials and hardware that was not agreed to by Plaintiff;
h. Failing to use the right counter tops, cabinets, and hardware throughout the interior
of the home while renovating;
i. Improperly cut a beam that was supposed to be installed in the home, rendering it
useless and unreturnable;
j. Failing to pay subcontractors for the work performed upon the property;
l. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
o. Failed to return all money remaining for work that was never completed; and
484. As a proximate result of the Defendants, DEBRA SHAF and LA BELLE ET LA BETE’s
actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured financially, both
temporarily and permanently; hindered and prevented from attending to her business and affairs,
sustained the loss of earnings, gains or profits; and forced to pay out, expend and become liable
if set forth fully herein as Paragraph 485 of Count XXXIX of Plaintiffs’ First Amended Complaint.
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486. At all times relevant, Defendant, DEBRA SHAF, was a partner, owner, agent, employee,
BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD
GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH
487. That at all times relevant, Defendant, DEBRA SHAF, oversaw, managed, assisted with
and/or controlled the construction work and subcontractors working at the Plaintiff’s property.
488. That as a partner, owner, agent, employee, representative, and/or servant of Defendants,
ADAM SHAF, BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH
BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE
construct, remodel, renovate, and complete the Plaintiff’s home in a reasonable and workmanlike
fashion, and in accordance with all relevant and required general contractor and construction
489. Defendants, DEBRA SHAF and LA BELLE ET LA BETE, breached the aforementioned
duty by:
a. Providing subpar and poor workmanlike renovations to the interior and exterior of
the home;
b. Failing to complete the work started inside and outside of the home;
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d. Failing to supervise and manage the construction projects for the home as part of his
responsibilities and duties as the general contractor;
e. Failing to obtain proper permits to conduct construction upon the Plaintiff’s property;
g. Using the wrong materials and hardware that was not agreed to by Plaintiff;
h. Failing to use the right counter tops, cabinets, and hardware throughout the interior
of the home while renovating;
i. Improperly cut a beam that was supposed to be installed in the home, rendering it
useless and unreturnable;
j. Failing to pay subcontractors for the work performed upon the property;
l. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
o. Failed to return all money remaining for work that was never completed; and
490. As a proximate result of the Defendants, DEBRA SHAF and LA BELLE ET LA BETE’s
actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured financially, both
temporarily and permanently; hindered and prevented from attending to their business and affairs,
sustained the loss of earnings, gains or profits; and forced to pay out, expend and become liable
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COUNT XL – VIOLATION OF 815 ILCS 505/1
ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT
if set forth fully herein as Paragraph 491 of Count XL of Plaintiffs’ First Amended Complaint.
492. At all times relevant, Defendants, ADAM SHAF and DEBRA SHAF, worked
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
493. Before Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, contracted with
HOME’s services to the public and potential clients, including the Plaintiff.
494. Said promotions, advertisements, solicitations, and publications were made from her own
personal social media accounts, as well as the social media accounts for Defendant company, LA
TRANSFORMATIONS HOME.
495. That the Defendant, DEBRA SHAF’s marketing and promotion enticed potential clients to
work with Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, BYE CONSTRUCTION
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497. The aforementioned promises were memorialized when Plaintiff tendered payments to
499. At all times relevant, Defendant, DEBRA SHAF, intended for Plaintiff, ANNAMARIE
promises.
501. At all times relevant, the aforementioned work was performed, overseen, managed,
502. That Defendant, DEBRA SHAF, assisted, enticed, encouraged, and/or supported the
Defendant, ADAM SHAF, to act deceitfully throughout the course of remodeling the Plaintiff’s
home, which occurred in the course of conduct involving trade and commerce.
503. That as a result of the Defendant’s deceitful acts, Plaintiff, ANNAMARIE STORNELLO,
was caused to sustain monetary damages, including, but not limited to, loss of funds paid to the
Defendants, property damage, and consequential damages due to being forced to hire new
subcontractors to finish the subpar work the Defendants started but never completed.
if set forth fully herein as Paragraph 504 of Count XLI of Plaintiffs’ First Amended Complaint.
505. At all times relevant, Defendant, SAMUEL KIM, was the owner, manager, agent,
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506. At all times relevant, Defendants, SAMUEL KIM and/or BUILD N BUILD LLC,
conducted business, partnered with, and had close ties with Defendants, ADAM SHAF,
BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN
BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS,
BUILDING ADVISOR.
507. At all times relevant, all of the aforementioned Defendants had an implied understanding
508. At all times relevant, all of the aforementioned Defendants had a community interest in
marketing, promoting and marketing their services to Plaintiff, ANNAMARIE STORNELLO, for
509. At all times relevant, the aforementioned Defendants each had joint control and
management of the construction project at the Plaintiffs’ home and worked collaboratively to
510. At all times relevant, the aforementioned Defendants shared the costs, expenses and profits
511. That at all times relevant, Defendant, ADAM SHAF, engaged Defendants, SAMUEL KIM
and BUILD N BUILD LLC, to assist in renovating and remodeling the Plaintiff’s home.
512. That at all times relevant, a joint venture relationship existed between Defendants,
SAMUEL KIM and BUILD N BUILD LLC, and Defendants, ADAM SHAF, BACKYARD
ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY
SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
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513. At all times relevant, Defendants, SAMUEL KIM and BUILD N BUILD LLC, by and
through their joint venture relationship with Defendants, ADAM SHAF, BACKYARD ESCAPE
LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF
LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF BUILDERS, ZURICH BUILDERS,
ANNAMARIE STORNELLO, to construct, remodel, renovate, and complete the Plaintiff’s home
in a reasonable and workmanlike fashion, and in accordance with all relevant and required general
514. Defendants, SAMUEL KIM and BUILD N BUILD LLC, breached the aforementioned
duty by:
a. Providing subpar and poor workmanlike renovations to the interior and exterior of
the home;
b. Failing to complete the work started inside and outside of the home;
d. Failing to supervise and manage the construction projects for the home as part of his
responsibilities and duties as the general contractor;
g. Using the wrong materials and hardware that was not agreed to by Plaintiff;
h. Failing to use the right counter tops, cabinets, and hardware throughout the interior
of the home while renovating;
i. Improperly cut a beam that was supposed to be installed in the home, rendering it
useless and unreturnable;
j. Failing to pay subcontractors for the work performed upon the property;
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l. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
o. Failed to return all money remaining for work that was never completed; and
515. As a proximate result of the Defendants, SAMUEL KIM and BUILD N BUILD LLC’s
actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured financially, both
temporarily and permanently; hindered and prevented from attending to her business and affairs,
sustained the loss of earnings, gains or profits; and forced to pay out, expend and become liable
if set forth fully herein as Paragraph 516 of Count XLII of Plaintiffs’ First Amended Complaint.
517. At all times relevant, Defendant, SAMUEL KIM, was a partner, owner, agent, employee,
representative, and/or servant of Defendants, ADAM SHAF, BACKYARD ESCAPE LLC, LAKE
ZURICH BUILDING GROUP LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a
MATIONS HOME, BYE CONSTRUCTION and/or LZ BUILDING ADVISOR through the use
518. That at all times relevant, Defendant, SAMUEL KIM, oversaw, managed, assisted with
and/or controlled the construction work and subcontractors working at the Plaintiff’s property.
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519. That as a partner, owner, agent, employee, representative, and/or servant of Defendants,
ADAM SHAF, BACKYARD ESCAPE LLC, LAKE ZURICH BUILDING GROUP LLC, LUXE
DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP, SHAF
and/or LZ BUILDING ADVISOR, Defendants, SAMUEL KIM and BUILD N BUILD LLC,
owed a duty to the Plaintiff, ANNAMARIE STORNELLO, to construct, remodel, renovate, and
complete the Plaintiff’s home in a reasonable and workmanlike fashion, and in accordance with
all relevant and required general contractor and construction standards recognized in their
respective industries.
520. Defendants, SAMUEL KIM and BUILD N BUILD LLC, breached the aforementioned
duty by:
q. Providing subpar and poor workmanlike renovations to the interior and exterior of
the home;
r. Failing to complete the work started inside and outside of the home;
t. Failing to supervise and manage the construction projects for the home as part of his
responsibilities and duties as the general contractor;
u. Failing to obtain proper permits to conduct construction upon the Plaintiff’s property;
w. Using the wrong materials and hardware that was not agreed to by Plaintiff;
x. Failing to use the right counter tops, cabinets, and hardware throughout the interior
of the home while renovating;
y. Improperly cut a beam that was supposed to be installed in the home, rendering it
useless and unreturnable;
z. Failing to pay subcontractors for the work performed upon the property;
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aa. Failing to maintain proper insurance for the construction project;
bb. Failing to provide invoices and proper documentation to substantiate all requests for
payment;
cc. Failing to pay vendors for various materials needed for renovations;
ee. Failed to return all money remaining for work that was never completed; and
521. As a proximate result of the Defendants, SAMUEL KIM and BUILD N BUILD LLC’s
actions as aforesaid, Plaintiff, ANNAMARIE STORNELLO, was thereby injured financially, both
temporarily and permanently; hindered and prevented from attending to their business and affairs,
sustained the loss of earnings, gains or profits; and forced to pay out, expend and become liable
if set forth fully herein as Paragraph 522 of Count XLIII of Plaintiffs’ First Amended Complaint.
523. At all times relevant, Defendants, ADAM SHAF and SAMUEL KIM, worked
BACKYARD ESCAPE LLC, BUILD N BUILD LLC, LAKE ZURICH BUILDING GROUP
LLC, LUXE DESIGN BUILD GROUP BY SHAF LLC d/b/a LUXE DESIGN BUILD GROUP,
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524. Before Defendants, ADAM SHAF and BACKYARD ESCAPE LLC, contracted with
Plaintiff, ANNAMARIE STORNELLO, Defendants, ADAM SHAF and SAMUEL KIM, worked
as partners to solicit, entice, recruit, and obtain new clients to perform construction services for
525. That the Defendants, ADAM SHAF and SAMUEL KIM’s recruitment, promotion,
marketing and promotion enticed potential clients to work with Defendants, ADAM SHAF,
527. The aforementioned promises were memorialized when Plaintiff tendered payments to
529. At all times relevant, Defendant, SAMUEL KIM, intended for Plaintiff, ANNAMARIE
promises.
531. At all times relevant, the aforementioned work was performed, overseen, managed,
532. That Defendant, SAMUEL KIM, assisted, enticed, encouraged, and/or supported the
Defendant, ADAM SHAF, to act deceitfully throughout the course of remodeling the Plaintiff’s
home, which occurred in the course of conduct involving trade and commerce.
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533. That as a result of the Defendant’s deceitful acts, Plaintiff, ANNAMARIE STORNELLO,
was caused to sustain monetary damages, including, but not limited to, loss of funds paid to the
Defendants, property damage, and consequential damages due to being forced to hire new
subcontractors to finish the subpar work the Defendants started but never completed.
and ANNAMARIE STORNELLO, pray that this honorable Court to enter an order of judgment
Respectfully submitted,
BY:_____________________________
MAELENE J. TORRES
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