Hawley v. @Home Builders LLC

Project Subcontractor's Breach, Related Claims Time-Barred Under Penn. Limitation Period

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DECISION AND ORDER INTRODUCTION Plaintiff Lucas Hawley, d/b/a Pro Built Construction (hereinafter, “Plaintiff”), brings this action against defendant @Home Builders LLC (hereinafter, “Defendant”), alleging breach of contract and unjust enrichment. Docket No. 1-2 at 9-11. Presently before the Court is Defendant’s motion to dismiss Plaintiff’s complaint, pursuant to Rules 12(b)(5) and (b)(6) of the Federal Rules of Civil Procedure. Docket No. 4. For the reasons set forth below, Defendant’s motion is granted. BACKGROUND The following facts are taken from the allegations contained in Plaintiff’s complaint (Docket No. 1-2 at 9-11). On March 12, 2014, Plaintiff and Defendant entered into a written contract, whereby Plaintiff was to perform work as a subcontractor at premises known as the “Hammocks at Millcreek,” located in Erie, Pennsylvania. Id. at 9, 4. Defendant agreed to pay Plaintiff for all work performed. Id. at 5. Plaintiff completed all of the required work “in a quality and workmanlike fashion,” and Defendant was issued a certificate of occupancy. Id. at 9-10, 6. Defendant paid Plaintiff the contractually agreed upon amount, but withheld $14,048.36, or ten percent of the payment. Id. at 10, 7. Despite Plaintiff’s demands for payment in full, Defendant refused to pay the $14,048.36 withheld from the contract. Id. at 8. Plaintiff further alleges that Defendant asked him to perform additional work on Buildings 100 and 200, as well as the pool house, at the “Hammocks at Millcreek.” Id. at 10. The parties agreed that Defendant would pay Plaintiff the amounts of $15,500.00, $11,025.00, and $40,000.00 for this work. Id. at 11. Although Plaintiff completed this work “in a quality and workmanlike manner,” Defendant refused to pay Plaintiff for the supplemental work. Id. at

12-13. Plaintiff demands payment in the amount of $80,573.36, plus interest and costs of suit. Id. at 10-11,

Hawley v. @Home Builders LLC

Project Subcontractor's Breach, Related Claims Time-Barred Under Penn. Limitation Period

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