Rick and Susan Garmon still have a Prince William County jury’s finding that a contractor is liable for constructive fraud for using a barrier exterior insulation and finish system on their home.
The Garmons testified that they had insisted on a drainable EIFS system, but the contractor had installed a barrier system instead.
But Circuit Judge William D. Hamblen on Friday took away the $310,000 in damages the jury awarded them. Hamblen concluded that the testimony of the couple did not support an award of that magnitude, according to their attorney, Dave Wise of Fairfax.
Wise said he will file a motion for reconsideration, and a new trial on damages alone will be scheduled if the motion is rejected.
An account of the case – before Hamblen’s ruling on Friday – is the lead story in today’s Virginia Lawyers Weekly. It recounts that the measure of damages was one of the major issues in the trial, which is likely to be among the last of the EIFS trials that were a staple of 1990s construction and consumer litigation.
By Alan Cooper