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Granted Appeal Summary

Case

JAMES G. DAVIS CONSTRUCTION CORPORATION v. FTJ, INC., F/K/A CIESCO, INC. (Record Number 190345)

From

Circuit Court of Arlington County; L. DiMatteo, Judge.

Counsel

Stephen M. Seeger and Alexandra E. Busch (Peckar & Abramson, PC) for appellant. R. Scott Caulkins and Greta P. Iliev (Caulkins & Bruce, PC) for appellee.

Assignments of Error

1. The trial court erred as a matter of law by ruling that there was no consideration for the JCA which governed the payment obligations and expectations of DAVIS, H&2 Drywall, and Ciesco, because the JCA gave Ciesco assurances that monies would be paid to Ciesco, and that H&2 Drywall could not abscond with monies it owed to Ciesco.
2. The trial court erred as a matter of law by ruling that DAVIS was unjustly enriched by Ciesco\\u2019s delivery of drywall materials to H&2 Drywall because Ciesco had no reasonable expectation to be paid by DAVIS for the balance of monies owed by H&2 Drywall to Ciesco for those materials given Ciesco\\u2019s prior written acknowledgment that DAVIS would not pay for materials except to the extent it owed money to H&2 Drywall, and the trial court determined that no monies were due from DAVIS to H&2 Drywall.
3. The trial court erred as a matter of law in determining that DAVIS was unjustly enriched by Ciesco\\u2019s delivery of drywall materials to H&2 Drywall because DAVIS paid the full amount of the Subcontract for H&2 Drywall\\u2019s completed scope of work, which included the drywall materials, in accordance with the express, written Subcontract.

Source Document: http://www.courts.state.va.us/courts/scv/appeals/190345.pdf

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