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Megan Martin Lawsuit Against Ed Kavanaugh
Megan Martin Lawsuit Against Ed Kavanaugh
Megan Martin Lawsuit Against Ed Kavanaugh
Plaintiffs,
2020AR000593
vs.
Defendants.
VERIFIED COMPLAINT
NOW COMES the Plaintiffs, MICHAEL MARTIN and MEGAN MARTIN, by and
through their attorneys, DUNN MARTIN & MILLER, LTD., and complaining of Defendants,
are the owners of the property commonly known as 913 Oakwood Terrace, Hinsdale, DuPage
County, Illinois 60521 (the “Property”) with Michael and Megan collectively referred to as the
“Martins.”
is an individual who resides at 695 S. Washington Street, Elmhurst, DuPage County, Illinois
60126.
1
3. On information and belief, Kavanaugh goes by a variety of different aliases
including, but not limited to, Edmund, Eddie, Eddie Jr., Rob, Robert and has represented, including
Goliath Construction.
Hinsdale Mom’s Facebook Group n/k/a Hinsdale Area Parents Facebook Group (the “Facebook
Facebook user named Jessica Munoz responded by posting a recommendation for “Ed from
8. On information and belief, the Facebook user account Jessica Munoz is a fake
9. The recommendation posted by the Facebook user account Jessica Munoz was later
deleted sometime after February 1, 2020 and before March 30, 2020 on a date better known to
Kavanaugh.
11. On information and belief, Kavanaugh also utilizes the phone number 708-970-
2
12. On information and belief, Kavanaugh uses or directs the owner of the Facebook
user account Jessica Munoz to make false recommendations recommending himself or companies
owned or controlled by him for various home repair and remodeling, as defined in the Illinois
Home Repair and Remodeling Act, 815 ILCS 513/1 et seq., (the “Home Repair Act”) or for
appliance repairs in numerous local mom’s and parent’s Facebook groups in the suburbs of
Chicago. A true and correct copy of the Facebook profile for Jessica Munoz and some of the
recommendations made by the Facebook user Jessica Munoz in local mom’s and parents Facebook
13. On information and belief, Kavanaugh has also created or has control over another
fake Facebook user account Alexis Dominic which he uses or directs the owner of to post
him for various home repair and remodeling, as defined in the Home Repair Act, in numerous
local mom’s and parent’s Facebook groups in the suburbs of Chicago. A true and correct copy of
the Facebook profile for Alexis Dominic and some of the recommendations made by the Facebook
user Alexis Dominic in local mom’s and parents Facebook groups are attached hereto as Exhibit
# 2.
14. On January 25, 2020, based on the recommendation from the Facebook user Jessica
Munoz posted in the Facebook Group, Megan contacted Kavanaugh requesting if he could provide
15. On January 25, 2020, Kavanaugh came to the Property to take measurements to
16. On January 25, 2020, Kavanaugh represented to Megan that he could perform
additional work to the Property including, but not limited to, removing and installing a new
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concrete sidewalk along the south side of the home of the Property, repairing the cracks in the
concrete front walk in front of the garage of the home on the Property; removing a portion of the
front porch and replacing with Unilock brick pavers; and installing Unilock brick pavers over the
17. On January 25, 2020, Kavanaugh represented to Megan that his name was “Ed
18. On January 28, 2020, Kavanaugh represented to Megan the total cost of the fence
would be $4,150.00, the cost to install brick pavers would be $1,750.00 and there would be no
charge to replace the cracks in the concrete sidewalk. A true and correct copy of the email chain
between Megan and Kavanaugh dated January 28, 2020 is attached hereto as Exhibit # 3
19. The January 28, 2020 email was signed by Kavanaugh as “Goliath Chicago.”
20. On January 29, 2020, Kavanaugh came to the Property and provided Michael with
an updated written Proposal that included the cost to completely remove and install a new concrete
front walk in front of the garage and not just repair a portion of the concrete walk for the total cost
of $7,950.00 (the “January 29 Proposal”). A true and correct copy of which is attached hereto as
Exhibit # 4.
21. The January 29 Proposal states the contractor is “Goliath” and provides P.O. Box
7403, Villa Park, Illinois 60164 as the address for the contractor.
22. Upon information and belief, P.O. Box 7403 is registered to Kavanaugh.
Michael that he would obtain the permits from the Village of Hinsdale (the “Village”) for all work
to be completed and specifically requested the Martins do not apply for any Village permits.
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24. The January 29 Proposal states all work would be completed within ten (10) days
25. On January 29, 2020 the Martins accepted the January 29 Proposal and the Martins
paid Kavanaugh the sum of $3,950.00 made payable to Goliath Construction at the request of
Kavanaugh, half of the total amount owed under the January 29 Proposal.
26. On January 29, 2020, Michael emailed Kavanaugh a copy of the Martins plat of
survey of the Property so Kavanaugh could obtain the necessary permits from the Village of
27. On January 31, 2020 and February 1, 2020, Kavanaugh and/or Goliath Construction
began removing a portion of the front porch that was to be removed and a portion of the concrete
28. On or about February 1, 2020, Kavanaugh brought a sample brick paver to the
house which he represented to Megan was a Unilock brick paver and would be the brick paver that
29. On February 1, 2020, Kavanaugh represented to Megan that the asphalt driveway
existing asphalt driveway at the Property and install a new concrete driveway.
31. On February 3, 2020, Kavanaugh represented to Megan the cost for the driveway
would be $5,500.00 plus an additional $500.00 to lay an extra stone base for $6,000.00 total.
bobcat or similar like machine, completely removed the current asphalt driveway at the Property
and finished the removal of the front porch and concrete slab on the Property.
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33. Upon information and belief, Kavanaugh and/or Goliath Construction did not lay a
proper stone base that was level and had sufficient depth to allow for the pouring of concrete on
34. On February 4, 2020, while the removal of the driveway was occurring Kavanaugh
provided Megan a written proposal to remove the existing asphalt driveway and install a new
concrete driveway for the total sum of $6,000.00 (the “February 4 Proposal”), a true and correct
35. The February 4 Proposal states the contractor is Goliath and provides the same P.O.
Box as the mailing address for the contractor as the January 29 Proposal.
36. On February 4, 2020, the Martins paid Kavanaugh an additional $3,000.00 made
payable to Goliath Construction at the request of Kavanaugh, or half of the total cost to complete
37. While removing the current asphalt driveway, front porch and concrete sidewalk
Kavanaugh and/or Goliath Construction caused additional damage to the Property including, but
not limited to, damaging the front and side yard by leaving large tire tracks from the bobcat used
to remove the driveway, cutting and digging up a buried landscape lighting chord and removing
or damaging certain portions of the landscaping that did not need to be removed or relocated.
debris, wood and asphalt pieces and garbage all over the Property after completing work on
February 4, 2020.
39. On February 7, 2020 Michael contacted Kavanaugh and asked when he would be
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40. On February 7, 2020, Kavanaugh responded to Michael and said his workers would
41. On February 10, 2020, Kavanaugh and/or Goliath Construction came and partially
installed brick pavers over the concrete portion of the front porch that was not removed.
42. On February 12, 2020, Kavanaugh and/or Goliath Construction did some additional
work to the brick pavers installed over the portion of the front porch that was not removed and
began laying the brick pavers for the portion of the front porch that was not removed; however,
43. On February 12, 2020, the Martins paid Kavanaugh an additional $3,000.00 made
payable to Goliath Construction at the request of Kavanaugh, or the remaining balance owed for
44. On February 18, 2020, Kavanaugh represented to Megan the concrete sidewalk
along the side of the house and the front of the garage was going to be installed on February 20,
2020.
45. On February 20, 2020, Kavanaugh represented to Megan it was too cold to work
46. On February 21, 2020, Kavanaugh represented to Megan it was still too cold to
47. On March 2, 2020, Kavanaugh represented to Megan it was still too cold to work
and that he needed to order additional gravel for the base of the driveway, but would come back
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48. On March 3, 2020, Kavanaugh and/or Goliath Construction did not show up to
work at the Property and Kavanaugh did not respond to any attempts by the Martins to contact
him.
49. On March 6, 2020, Kavanaugh represented to Megan that the delay was caused by
admitted that he had not filed for a permit with the Village; but represented he would right away.
Kavanaugh also demanded Megan pay the permit fee to the Village.
51. On March 10, 2020, Kavanaugh admitted in a phone conversation with Michael
that he had still not filed for a permit with the Village.
52. On March 10, 2020, Kavanaugh refused to provide Michael a date in which he
could complete the work or apply for the permit; and also threatened to stop work immediately
53. Sometime after March 11, 2020 and before March 20, 2020, on a date better known
to Kavanaugh, Kavanaugh and/or Goliath Construction removed the remaining brick pavers from
54. Upon information and belief, Kavanaugh used the brick pavers removed from the
55. On March 13, 2020, Kavanaugh represented to Megan the permit fee for the Village
was $690 although $300 was for a refundable bond that would be returned to the Martins upon
completion and that he had submitted the permit and paid the fee to the Village.
56. On March 13, 2020, Kavanaugh represented to Megan the fence would be installed
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57. On March 13, 2020, Kavanaugh represented to Megan that the delay in the
58. On March 13, 2020, the Martins paid Kavanaugh an additional $690 made payable
to Goliath Construction at Kavanaugh’s request, the amount Kavanaugh represented was for the
59. On March 17, 2020, Kavanaugh or Goliath Construction did not show up to work
at the Property.
60. On March 20, 2020, Kavanaugh represented to Megan he would be starting next
61. Late in the day on March 20, 2020, Kavanaugh told Megan he could not complete
the work because of the Covid-19 shutdown order; and Kavanaugh admitted that he had not
ordered any of the materials or supplies necessary to complete the fence and driveway.
62. On both March 21, 2020 and March 23, 2020, Megan informed Kavanaugh that the
Covid-19 shutdown order did not prevent him from performing the work; and that the Martins had
63. On March 24, 2020, the Village confirmed with Michael that it had not received a
64. On March 24, 2020, Michael contact Kavanaugh regarding the permit, who
responded to both Michael and Megan that the permit had to be amended and was being dropped
off today.
65. On March 25, 2020, the Village confirmed it had received the permit application.
66. On March 25, 2020, Kavanaugh represented to Megan that the driveway would be
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67. On March 31, 2020, Kavanaugh represented to Megan that he would start pouring
68. On April 6, 2020, Kavanaugh or Goliath Construction did not show up at the
69. On April 6, 2020, Kavanaugh refused to provide the Martins a date when he or
70. On April 6, 2020, Kavanaugh informed Megan that he was no longer going to
remove and install the new fence contained in the January 29 Proposal and he refused to provide
informed Megan that he would also not be completing the remainder of the work to the front porch
or the driveway and would not be coming back to the Property and they could just see him in court.
Kavanaugh also threatened Megan that he would file a lien against the Property.
72. During his conversations with Megan on April 6, 2020, Kavanaugh also made
numerous vulgar and threatening statements to Megan and Megan filed a police report with the
73. On April 6, 2020, the Village confirmed the permit had been issued and also
confirmed that the permit fee was $250 with a $500 refundable bond; however, the permit fee had
74. On April 6, 2020, Michael sent Kavanaugh correspondence terminating the January
29 Proposal and the February 29 Proposal due to Kavanaugh’s and/or Goliath Construction’s
repeated breaches of the contract, fraudulent conduct and representations and failures to disclose
material facts; requesting Kavanaugh and/or Goliath Construction provide a contractor’s sworn
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statement in accordance with Section 60/5 of the Illinois Mechanic’s Lien Act; and requesting
Kavanaugh refund a portion of the money the Martins had paid. A true and correct copy of the
April 6 & 7, 2020 email chain between Michael and Kavanaugh is attached hereto as Exhibit # 6.
75. On April 7, 2020, Kavanaugh responded to Michael and refused to refund any
76. On April 6, 2020, Kavanaugh also represented to Michael one or more of the
a. That two full pallets of Unilock pavers were installed on the front porch;
c. That four inches of compact stone were installed for the base of the driveway;
d. That four inches of compact stone was installed and formed for the concrete sidewalk;
and
e. That all of the asphalt and concrete was removed so the concrete driveway and sidewalk
could be poured.
77. Upon information and belief, the brick pavers installed by Kavanaugh are either a
Valestone Hardscape or a Paverstone Brick Paver sold at Home Depot or other similar like big box
store that are no longer available or can only be ordered as a special order as a full pallet of
78. The Martins need approximately 15 brick pavers of those installed to complete the
front porch; or will need to install an entire new edge of matching pavers, approximately 50 pavers,
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Count I
Breach of Contract
1-78. The Martins reallege and restate paragraphs 1-78 of Facts Common to all Counts
constitutes a material breach of the January 29 Proposal and the February 4 Proposal.
80. The Martins performed all of their duties of the January 29 Proposal and the
February 4 Proposal including, but not limited to, paying Kavanaugh the total sum of $10,640; and
were ready, willing and able to perform any remaining duties until Kavanaugh informed them on
April 6, 2020 that Kavanaugh and/or Goliath Construction would not be doing the work contracted
for.
81. That as result of one or more of the material breaches of Kavanaugh and/or Goliath,
the Martins have suffered damages including, but not limited to, spending sums to repair the
damage to the Property and to repair or replace the shoddy and unworkmanlike work completed
to the Property in excess of $10,000 at an amount to be determined at trial and will in the future
WHEREFORE, Plaintiffs, Michael Martin and Megan Martin, prays this Honorable Court
individually or d/b/a Goliath Chicago, and award Plaintiffs their damages in excess of
Ten Thousand Dollars ($10,000.00) but less than Fifty Thousand Dollars ($50,000);
B. In the alternative enter judgment in Plaintiffs’ favor and against Defendant, Goliath
Thousand Dollars ($10,000.00) but less than Fifty Thousand Dollars ($50,000);
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C. Award Plaintiffs’ their reasonable costs; and
D. Grant such further relief this Court deems just and proper.
Count II
Fraud
1-78. The Martins reallege and restate paragraphs 1-78 of Facts Common to all Counts
79. Upon information and belief, as part of one or more of his past guilty pleas or
convictions related to criminal violations of the Home Repair Act or similar like charges or his
current bond conditions for current pending criminal violations of the Home Repair Act or similar
like charges, Kavanaugh is enjoined and was enjoined from January 29, 2020 through April 6,
2020 from performing or owning a company that performs any type of home repair and remodeling
80. Kavanaugh failed to disclose to the Martins that he was enjoined from performing
or owning a company that performs home and repair remodeling works as defined in the Home
Repair Act prior to the Martins accepting the January 29 Proposal and the February 4 Proposal.
81. Kavanaugh also made one or more of his fraudulent representations or failed to
disclose material facts to the Martins as described herein for the purposes of inducing the Martins
82. Kavanaugh knew or should have known his representations to the Martins were
84. Kavanaugh knew or should have reasonably known the Martins would be damaged
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85. As a direct and proximate result of Kavanaugh’s false representations and failure
to disclose material facts, the Martins have suffered damages including, but not limited to,
spending sums to repair the damage to the Property and spending sums to repair or replace the
shoddy and unworkmanlike work completed to the Property in excess of $10,000 at an amount to
be determined at trial and will in the future have to spend funds to complete the repair of the front
porch.
WHEREFORE, Plaintiffs, Michael Martin and Megan Martin, prays this Honorable Court
Corporation, jointly and severally, and award Plaintiffs their damages in excess of Ten
Thousand Dollars ($10,000.00) but less than Fifty Thousand Dollars ($50,000),
C. Grant such further relief this Court deems just and proper.
Count III
Consumer Fraud
1-85. The Martins hereby realleges and restates paragraphs 1-85 of Count II as
facts as described herein constitute a violation of the Consumer Fraud and Business Deceptive
Practice Act, 815 ILCS 505/1 et seq. (the “Consumer Fraud Act”).
87. Kavanaugh is in the business of home repair and remodeling as defined in the Home
Repair Act.
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88. Goliath Construction is in the business of home repair and remodeling as defined
89. The single-family residence located the Property is a residence as defined in the
90. The work performed by Kavanaugh and/or Goliath Construction to the Property is
home repair and remodeling work as defined in the Home Repair Act.
91. Kavanaugh and/or Goliath Construction failed to provide the Martins with a copy
of the Home Repair: Know Your Consumer Rights pamphlet in accordance with the Home Repair
Act prior to the Martins accepting the January 29 Proposal and the February 4 Proposal.
92. Kavanaugh’s and/or Goliath Construction’s violations of the Home Repair Act
93. As a direct and proximate result of Kavanaugh’s violations of the Home Repair Act
and unlawful practices in violation of the Consumer Fraud Act, the Martins have suffered damages
including, but not limited to, spending sums to repair the damage to the Property and spending
sums to repair or replace the shoddy and unworkmanlike work completed to the Property in excess
of $10,000 at an amount to be determined at trial and will in the future have to spend funds to
94. The Martins are entitled to an award of reasonable attorney’s fees and costs pursuant to
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4/9/2020 Jessica Munoz
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4/9/2020 Jessica Munoz
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4/20/2020 Alexis Dominic
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4/14/2020 Dunn, Martin, Miller & Heathcock, Ltd Mail - Fwd: Fence Proposal
Hello
No charge on the concrete cracks
The Brick Overlay on the stoop is 1750.00
On Jan 28, 2020, at 9:07 AM, Megan Richards Martin <mrichardsmartin@yahoo.com> wrote:
Thanks! Let's do it. What about the cost estimate for the cracks in the
cement and the brick overlay on the front porch?
~Megan R. Martin
Hello thank you for the opportunity to estimate the new fence.
We will remove the existing wooden fence
We will remove all construction debris off property.
We will install 21 section of six foot white vinyl privacy fence.
We will install two four foot width gates
All posts will be secure with concrete
Five year warranty on parts and Labor
Total Cost 4,150.00
Time frame three days
Thank you
Goliath Chicago
708 632 3192
https://mail.google.com/mail/u/0?ik=3ce0ccbe61&view=pt&search=all&permmsgid=msg-f%3A1663444616865415318&simpl=msg-f%3A16634446168… 1/1
Exhibit # 3
Exhibit # 4
Exhibit # 5
5/14/2020 Dunn, Martin, Miller & Heathcock, Ltd Mail - Re: 913 Oakwood Terrace, Hinsdale, IL
Goliath Construction Corporation is denying any offers from you for any type of settlement.
Goliath has performed the following:
Install Unilock Pavers on Front stoop being
West Side Elevation.
Goliath has removed the concrete Sidewalk leading to stoop.
Goliath has excavated the earth under the sidewalk and installed six inches of compacted gravel.
Goliath has installed two pallets of Unilock pavers on sidewalk
Goliath has secured those pavers with edge restraints
Goliath has removed two layers of approx
1000 square feet of Asphalt.
Goliath has removed the Asphalt from property
Goliath has installed four inches of compacted stone for base of driveway.
Goliath has formed the driveway to be ready for concrete pour.
Goliath has removed the concrete on the South Side of property leading to service door.
Goliath has excavated earth and installed
Four inches of compacted stone and formed the sidewalk for ready mix concrete.
Goliath has applied for all Village of Hinsdale permits.
Til this date the permits are not approved.
Goliath is is no position to offer any settlement or accept any settlement.
Goliath is not a general contractor to issue sworn statements of subcontractors to this job.
Goliath is the sole contractor to this property.
To date Goliath has not filed any Mechanic Lien on this property.
Goliath is ready willingly and able to complete the contract at this property.
Sir
The Village is already aware of your conduct and nothing we have done has impeded you or Goliath’s
ability to complete the work contracted for.
Michael R. Martin
Dunn, Martin, Miller & Heathcock, Ltd.
15 West Jefferson Street, Suite 300
Joliet, Illinois 60432
(815) 726-7312
mikermartin@willcountylaw.com
https://mail.google.com/mail/u/0?ik=3ce0ccbe61&view=pt&search=all&permmsgid=msg-f%3A1663322060519777350&simpl=msg-f%3A16633220605… 1/1
Exhibit # 6
6/2/2020 Dunn, Martin, Miller & Heathcock, Ltd Mail - Re: 913 Oakwood Terrace, Hinsdale, IL
We will forward this to the village of Hinsdale. At this point your permit is not ready at the Village of Hinsdale.
This hinders Goliath Construction Corp from any work at this time.
The purpose of this correspondence is to declare you entered into with my wife, Megan Martin, and I to
perform work at 913 Oakwood Terrace, Hinsdale, Illinois 60521 (the "Property"). You have failed to abide
by the terms of the contract by failing to complete the work contracted for in a timely and workmanlike
manner. In addition, you have made numerous fraudulent statements and have engaged in additional
improper and fraudulent conduct that not only sustain a cause of action for common law fraud but are
violations of numerous Illinois State Statutes including, but not limited to, the Illinois Consumer Fraud and
Deceptive Business Practices Act and the Home Repair and Remodeling Act. You should also be aware
that we are in the process of pursuing all remedies available to us in law and equity against you and Goliath
Construction Corporation.
However, solely as an offer of compromise and settlement we demand an immediate refund of $8,500 of
the $10,640 you have been paid in exchange for the execution of a mutual release to be entered into by all
parties. This amount takes into consideration the partial work completed to our front step and front walk
which as you are aware is only partially completed and will cost us additional sums to be completed. If such
payment is not received and the release executed by Friday, April 10, 2020 please consider this offer
withdrawn. Should you also attempt to lien the Property as you recently threatened my wife with, I will
consider it an improper slander of title and please consider this offer of settlement withdrawn.
Please note that any attempt by your or your agents or employees to enter the Property will be
considered an act of trespass and any attempts to harass, threaten or intimate myself or my family
will be reported to the authorities.
In addition, I demand you immediately produce a contractor's sworn statement in accordance with
section 60/5 of the Illinois Mechanic's Lien Act for any work done by you or Goliath Construction
Corporation at the Property. The contents of this letter are for settlement purposes only and in no way
constitute an admission of liability or fact on behalf of myself or Megan Martin. If you are represented by
legal counsel please forward this correspondence to your attorney.
--
Michael R. Martin
Dunn, Martin, & Miller, Ltd.
15 West Jefferson Street, Suite 300
Joliet, Illinois 60432
Phone: (815) 726-7311
Fax: (815) 726-2644
Email: mikermartin@willcountylaw.com
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Exhibit # 6
6/2/2020 Dunn, Martin, Miller & Heathcock, Ltd Mail - Re: 913 Oakwood Terrace, Hinsdale, IL
PLEASE BE AWARE OF WIRE FRAUD: Due to the prevalence of wire fraud this law firm no longer
emails wiring instructions. If you receive a set of wire instructions from any email address
associated with this law firm please disregard and inform the law firm immediately.
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strictly prohibited. If you have received this e-mail in error, please immediately notify the sender at
mikermartin@willcountylaw.com and delete any copies of this e-mail in your possession.
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Exhibit # 6