Weekly Edition

Judge sets aside $310K verdict

A Prince William County judge has set aside a $310,000 jury award for a couple who won a finding of constructive fraud by the contractor who installed a barrier exterior insulation and finish system (EIFS) on their home.

The action by Judge William D. Hamblen occurred after the deadline for an article on the case in last week’s Virginia Lawyers Weekly. Hamblen agreed with Steve Bancroft, the Fairfax attorney who represented Mike Garcia Construction Inc., that Rick and Susan Garmon had not presented enough evidence to support a damage award of that amount.

Hamblen affirmed the finding of liability, however, and said a new trial will be on the issue of damages only. The Garmons contended that the contractor had installed a barrier system even though they had insisted on a drainable synthetic stucco system.

Dave Wise, the attorney for the Garmons, said he will file a motion for reconsideration. He had argued that the measure of damages should be the $220,000 that the Garmons had spent to replace rotting and mildewed wood caused by leaks in the EIFS.

Hamblen ruled, however, that the measure of damages is the difference between the value of the property at the time of the contract and the value it would have had if the misrepresentation had not occurred. The Garmons testified, in essence, that the property was worthless and asked for $318,000, the contract price of the house.

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