Construction Law Insights

Pro-Telligent, LLC v. Amex Int'l, Inc., 2020 U.S. Dist. LEXIS 64191 (E.D. Va. Feb. 28, 2020)

The United States Agency of International Development (“USAID”) awarded Amex International, Inc. (“Amex”) a contract, portions of which Amex subcontracted to Pro-Telligent. Pro-Telligent completed its work and invoiced Amex, who, in turn, invoiced USAID for Pro-Telligent’s work. By invoicing USAID, Amex certified that prior payments had been made to Pro-Telligent from previous payments received by Amex from USAID and that timely payments would be made from the proceeds covered by Amex’s then current payment applications. Amex received progress payments from USAID. Despite Pro-Telligent’s multiple demands for payment, Amex did not pay Pro-Telligent. Amex owed Pro-Telligent $279,660.27.

Marroquin v. Dan Ryan Builders Mid-Atlantic, LLC, 2020 U.S. Dist. LEXIS 42300, 2020 WL 1171963 (W.D. Va. Mar. 11, 2020)

On September 23, 2017, Oscar and Olga Marroquin (the “Marroquins”) and Dan Ryan Builders Mid-Atlantic, LLC (“Dan Ryan”) entered into a contract (the “Contract”) for Dan Ryan to sell a residential home. The Marroquins signed a Limited Warranty Agreement issued by Quality Builders Warranty Corporation (“QBW”), which was attached to the Agreement of Sale. On October 31, 2017, the Marroquins took possession of the property, but alleged that it was not free from structural defects, would not pass without objection in the trade, was not constructed in a workmanlike manner, and was not fit for habitation. Between February 23, 2018 and May 3, 2018, the Frederick County Inspection Department issued a series of Correction Orders to Dan Ryan concerning the issues with the construction of the Marroquins’ home. In April 2018, the Marroquins emailed Dan Ryan a list of issues related to the home. On July 10, 2018, a building code official sent a

Comfort Sys. of Va. v. P. J. Potter Enters., 2020 Va. Cir. LEXIS 19 (City of Chesapeake Cir. Ct. Feb. 11, 2020)

Comfort Systems of Virginia, Inc., et al (“Petitioners”) engaged in an arbitration with P. J. Potter Enterprises, Inc., et al (“Respondents”). The Petitioners are located in Chesapeake and the Respondents are located in Suffolk. Prior to the final arbitration award (“Order”), a settlement agreement containing the agreement to arbitrate, a signed term sheet setting forth the particulars of the arbitration, and meetings with the arbitrator occurred in Virginia Beach. The final telephone conference resulting in the arbitrator’s issuance of the Order was held while one attorney was in South Carolina and the arbitrator was not in Virginia Beach.

Chrisley v. Dan Ryan Builders Mid-Atlantic, LLC, 2020 U.S. Dist. LEXIS 38374, 2020 WL 1066341 (W.D. Va. Mar. 5, 2020)

In March 2018, the plaintiffs sued Dan Ryan Builders Mid-Atlantic, LLC and Dan Ryan Builders West Virginia, LLC (collectively “DRB”) for negligent construction and repair of their property and for personal injuries. In August 2018, DRB filed a Third-Party Complaint against various subcontractors, including Builders FirstSource Atlantic-Group, LLC (“Builders FirstSource”); Fine Line Trim, LLC; and Cranford Contractors, Inc. In September 2018, the plaintiffs filed an Amended Complaint against the subcontractors. On January 28, 2019, Builder FirstSource filed a Fourth Party Complaint against MI Windows and Doors, Inc. (“MI Windows”). In April 2019, a Scheduling Order was entered and a jury trial was scheduled for July 27, 2020. The Scheduling Order’s deadline for parties to

W.C. English, Inc. v. Rummel, 2020 U.S. Dist. LEXIS 19042, 2020 WL 534532 (W.D. Va. Feb. 3, 2020)

W.C. English, Inc. (“English”) moved to exclude CDM Smith, Inc.’s (“CDM”) expert Robert Scheller and Rummel, Klepper & Kahl, LLP’s (“RK&K”) expert William Sibert. RK&K and CDM moved to exclude testimony by three witnesses for English: (i) Gary Galloway; (ii) Jehugh Crouch; and (iii) Bernard Davis.

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