Ferguson Enterprises, LLC v. Wolfe Construction Company, Inc.
2:20-cv-00439
S.D.W. VaJul 8, 2021Background:
- Wolfe Construction executed Ferguson's credit application (signed by Wolfe Construction and Josh Wolfe) incorporating Ferguson's terms; Josh Wolfe provided a personal guaranty.
- Contract terms: payment Net 10th proximo; 1.5% monthly service charge on past due amounts; guarantor to reimburse collection costs and reasonable attorneys’ fees.
- Ferguson supplied materials/services June 2019–April 2020; invoices remain unpaid with an outstanding balance of $76,367.12.
- Defendants admitted the agreement, performance by Ferguson, the invoices, the late-charge and fee provisions, the guaranty, and failure to pay.
- Ferguson moved for summary judgment (unopposed); court found liability on breach of contract and awarded $76,367.12 plus pre- and post-judgment interest, costs, and attorneys’ fees (fees/costs to be documented by affidavit).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for unpaid invoices (breach of contract) | Ferguson: valid contract, delivered goods, invoices unpaid; liability of Wolfe Construction and guarantor Josh Wolfe. | Defendants: admitted the contract and nonpayment; no opposing argument submitted. | Court: summary judgment for Ferguson; Wolfe Construction and Josh Wolfe jointly and severally liable for $76,367.12. |
| Availability of unjust enrichment claim | Ferguson pled it alternatively to contract claim. | Defendants did not contest; existence of written contract argued by court. | Court: unjust enrichment claim is moot because an express written contract governs. |
| Recovery of interest, costs, and attorneys’ fees | Ferguson: entitled to pre-judgment interest at 1.5%/month (per contract), post-judgment interest under federal law, costs and reasonable attorneys’ fees. | Defendants: no response. | Court: awarded pre- and post-judgment interest and costs/fees; ordered Ferguson to submit affidavit supporting fees and costs; allowed defendants to respond. |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (standard for genuine issue of material fact on summary judgment)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (movant’s initial burden on summary judgment and nonmovant’s obligation to show specific material facts)
- Sedar v. Reston Town Ctr. Prop., LLC, 988 F.3d 756 (4th Cir. 2021) (summary judgment burdens and standards in the Fourth Circuit)
- Sneburger v. Morrison, 776 S.E.2d 156 (W. Va. 2015) (elements required to prove breach of contract under West Virginia law)
- Gulfport Energy Corp. v. Harbert Priv. Equity Partners, LP, 851 S.E.2d 817 (W. Va. 2020) (existence of a written contract ordinarily precludes quasi-contract recovery on same subject matter)
- United States v. Diebold, Inc., 369 U.S. 654 (1962) (district court must view inferences in light most favorable to nonmoving party)