Jury Awards BLG's Client $784,000 in Consumer Fraud Trial Win
A Prince William jury awarded over $784,000.00 in damages to Bosson Legal Group’s client, finding his home contractor’s conduct in renovating his driveway violated Virginia law. The construction company hired by the client lied about their qualifications and broke the terms of their own contract, resulting in substantial damage to the Plaintiff’s property. Following closing arguments by Bosson Legal Group trial attorneys Timothy Bosson and Arie Jones, the jury found the contractor liable for breach of contract and numerous violations of the Virginia Consumer Protection Act.
“We are happy the jury held NOVA Paving accountable for deliberately misleading Virginia customers and flaunting the law.”
“My colleague, Arie Jones and I are proud to have ensured our client, Mr. Van Horn, will be made whole,” says BLG lead trial attorney Tim Bosson. “We are happy the jury held NOVA Paving accountable for deliberately misleading Virginia customers and flaunting the law.”
Mr. Van Horn hired NOVA Paving Industries to install a new paver driveway at his Gainesville Home. The work cost over $135,000 and carried a 5-year warranty. NOVA Paving told Mr. Van Horn they had been in business over 30 years, were committed to unrivaled quality, and had a Class A Contractors License. In reality, the company had been founded in 2019 and was unlicensed with Virginia DPOR.
Within just a couple months of completing the driveway, Mr. Van Horn noticed hundreds of the pavers had cracked or shifted. The uneven surface created a serious tripping hazard. The crumbling pavers left the Plaintiff’s driveway littered with razor-sharp chips that injured pets and punctured vehicle tires. One portion of the driveway sunk enough to begin flooding. NOVA Paving had improperly constructed the base of the driveway, cutting corners on industry minimum standards and the terms of their own contract to maximize profit. As just one example, the company used sandbox play sand under the pavers instead of construction-grade polymeric sand.
When Mr. Van Horn demanded NOVA Paving adequately remedy its poor workmanship, they refused to honor the warranty on the work. BLG hired experts to assess the driveway’s integrity and found because its foundations were improperly constructed, the entire driveway must be removed and replaced at a cost of over $235,000 due to its having totally failed. In the meantime, Mr. Van Horn’s driveway has been virtually unusable for over 2 years. He has had to ensure vehicles and people stay off the driveway to prevent further damage or injury.
The 3-day jury trial saw testimony from numerous witnesses, including construction industry experts. In his closing argument, attorney Timothy Bosson asked the jury for a verdict that would make Mr. Van Horn whole while punishing the Defendants for their conduct. After considering the evidence and testimony presented by BLG’s attorneys, the jury rejected the arguments made by the defense and sided with the homeowner. Following a day of deliberation, the jury returned a verdict against the Defendants for $784,000.00, and ordered them to compensate Mr. Van Horn for the $75,000.00 in attorneys fees incurred to bring the case to trial.
Attorneys Timothy Bosson and Arie Jones represented the Plaintiff.
For more information, see Gary Van Horn v. NOVA Paving Industries, LLC, Joel Jones, and Mark Jones; Case No. CL22-6972, Circuit Court of Prince William County.
If you have been damaged by a homebuilder, title company, or other general contractor, please contact us to discuss your situation. You may read more about BLG’s experience in protecting homeowners here.
*the verdict is subject to reduction on post-trial motions because some amounts awarded by the jury were duplicative.