Construction Law Insights

Liu v. Lowe’s Home Improvement, 2022 U.S. Dist. LEXIS 30719, 2022 WL 528863 (W.D. Va. Feb. 22, 2022)

Jie Liu (“Liu”), pro se, sued Lowe’s Home Improvement (“Lowe’s”) because Lowe’s plumber installed a hot water and during the installation of the new unit and the removal of the old unit cause severe damage to the Plaintiff’s basement and other property. Liu alleged: “(1) negligent breach of contract, (2) reckless breach of contract, (3) intentional breach of contract and violation of Virginia Consumer Protection Act, (4) intentional breach of contract and vandalism, and (5) intentional breach of contract and violation of license laws”; psychological trauma; and compensatory and punitive damages.

As to Lowe’s moved to dismiss Liu’s amended complaint, the Court granted Lowe’s motion in part and denied it in part holding that, “though [Liu’s] amended complaint may be inartfully drafted from a lawyer’s perspective, he … alleged plenty of facts to support several claims he raise[d] against Lowe’s.” The Court afforded Liu’s amended complaint a liberal construction and found that Lowe’s was fairly put on notice for the counts for breach of contract, negligence, and the violation of the Virginia Consumer Protection Act, but Liu failed to state a plausible claim for relief in his “claims for violations of criminal law or licensing requirements.”

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