Opinion
23-CV-01815
09-22-2023
TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS PENSION FUND, TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS WELFARE FUND, TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS SAVINGS FUND, TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS APPRENTICESHIP FUND, TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS SCHOLARSHIP FUND, AND TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS JOINT COOPERATION TRUST FUND, Plaintiffs, v. LEGEND CONSTRUCTION SERVICES, INC., an Elinois corporation. Defendant.
HON. JUDGE HUNT JUDGE.
AFFIDAVIT OF RICHARD J. WOLF
I, Richard J. Wolf, upon being first duly sworn, on oath deposes and states:
1. Affiant is President of the auditing firm of Richard J. Wolf & Company, Inc.
2. Our firm completed a fringe benefit compliance audit for the Trustees of the Chicago Painters and Decorators Pension Fund, et al. of Defendant, LEGEND CONSTRUCTION SERVICES, INC., for the period of April 1, 2021 through July 31, 2022.
3. The audit report found arrears owing to Plaintiffs, TRUSTEES OF THE CHICAGO PAINTERS AND DECORATORS PENSION FUND, ET AL., in the amount of $54,948.90 in contributions, $8,242.34 in liquidated damages for those findings, $3,207.01 in discrepancies due on monthly reports submitted by Defendant without payment for all hours reported, $7,148.23 in liquidated damages due for untimely paid monthly contribution reports and $1,890.00 in audit costs.
4. The total due the Plaintiffs, including arrears, audit costs and liquidated damages of 15 percent, but excluding attorney's fees and court costs, is $75,436.48.
5. Affiant is not currently suffering any infirmities and is competent to testify to all the foregoing.