Construction Law Insights

EvansStarrett PLC v. Goode & Preferred Gen. Contracting Co., 2020 Va. Cir. LEXIS 80 (Fairfax Cnty. Ct. June 8, 2020)

On February 21, 2019, Donn Milton and Rebecca Bowerman (“Milton/Bowermann”), the parties against whom the law firm EvansStarrett, PLC (“EvansStarrett”) had previously represented Goode & Preferred Gen. Contracting Co. (“Goode/Preferred”) in a dispute over construction invoices, offered to resolve all disputes between Milton/Bowerman and Goode/Preferred by wiring the total of the arbitration award for damages and attorney fees ($246,985.58) to EvansStarrett’s trust account by February 28, 2019. At that time, Goode/Preferred knew that it owed EvansStarrett

Am. Majestic Constr., LLC v. Junior, 2020 U.S. Dist. LEXIS 77999 (E.D. Va. May 4, 2020)

American Majestic Construction, LLC (“AMC”) sued Christopher Junior (“Chris”), Paul Junior, and Paul Bao Nguyen (“Paul” and with Chris and Paul Junior, the “Defendants”) for conspiring to falsely present themselves to the public as partners or members of AMC to procure construction contracts for their own benefit. AMC alleged that Chris forged an AMC lien waiver to make it appear that roofing work done on a property previously owned by Chris’ father Paul Junior (the “Property”) had been done by AMC when, in fact, Chris and/or his father had done the work themselves. In Chris’ deposition, he admitted to forging the signature of Walther Morales (“Morales”), a worker who sometimes assisted AMC with its construction projects, on an AMC lien waiver

United States ex rel. Davidheiser v. Capital Rail Constructors, 433 F. Supp. 3d. 899 (E.D. Va. Oct. 22, 2019)

In 2016, Nathan Davidheiser (“Nathan”) filed a qui tam complaint against Capital Rail Constructors (“CRC”), its subcontractor, Universal Concrete Products Corporation (“UCPC”), and other defendants. On May 16, 2019, Relator Davidheiser (“Relator”) initiated the present case, renaming CRC. Both qui tam complaints alleged violations of the False Claims Act (“FCA”) and the Virginia Fraud Against Taxpayers Act (“VFATA”) based on falsification of quality control records for concrete sold to CRC. In early 2018, the United States and the Commonwealth of Virginia (collectively, the “Government”) notified Relator that it intended to intervene in the claims against all named co-defendants except CRC. A two-year investigation produced no evidence that CRC

Viano v. THD At-Home Servs., 2020 U.S. Dist. LEXIS 62999 (E.D. Va. Apr. 9, 2020)

On October 22, 2016, John Farr (“Farr”), a sales consultant for The Home Depot At-Home Services (“Home Depot”), inspected Emilo and Vanessa Viano’s (“Vianos”) home in Arlington, Virginia and represented to the Vianos that Home Depot would be the Vianos ‘one-stop shop’ for the roofing work needed on the home. On December 22, 2016, Farr re-inspected the Vianos’ home and represented that Home Depot was competent, able to perform the work, and that Home Depot was trustworthy and maintained a good reputation with customers. On December 23, 2016, the Vianos and Home Depot entered into a home improvement contract (the “Contract”), which provided for the repair and replacement of three roofs. The Contract included a Roofing Spec Sheet

Riddel v. Commonwealth, 2020 Va. App. LEXIS 56, 2020 WL 1042169 (Va. Ct. App. Mar. 3, 2020)

In 2017, Donald and Kelly Carpenter (the “Carpenters”) were selling their home and directed their real estate agent, Marc Bertinelli (“Bertinelli”), to contract with Jeffrey Riddel (“Riddel”) to inspect and, if necessary, repair their septic system. On June 14, 2017, Riddel inspected the septic system and recommended several repairs to Bertinelli. Acting as the Carpenters’ agent, Bertinelli verbally agreed for Riddel to perform the repairs, believing that Riddel and his associates would be performing the repairs. Riddel’s subcontractor pumped the septic system and an associate of Riddel’s performed the repairs. Riddel delivered the final bill to Bertinelli with instructions for the Carpenters to pay Fairfax Suburban Septic. After paying, the Carpenters discovered that neither

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