Jury Awards $784,000 in Consumer Fraud Trial Win
Bosson Legal Group’s attorneys achieved a $784,000 jury trial win on behalf of our client, Gary Van Horn. Mr. Van Horn was damaged by a construction company that lied to him about their qualifications and broke the terms of their own contract. Mr. Van Horn was awarded compensation for the substantial harm done to him and his property as a result of the company’s wrongdoing.
“My colleague, Arie Jones and I are proud to have ensured 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.
Ultimately, BLG attorneys proved to the jury that NOVA Paving’s actions violated the Virginia Consumer Protection Act, defrauded Mr. Van Horn, and broke the terms of their own contract. Following a 3-day trial, the jury returned a verdict awarding $784,000 in damages to Mr. Van Horn, along with $75,000 in attorney’s fees.* This victory makes BLG 4 for 4 in its jury trials over the past 2 years.
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.