Garry Jacques d/b/a Jacques Construction Management and Consulting Services
63640
A.S.B.C.A.
Nov 5, 2024
Check Treatment
Docket
Opinion Summary

Facts

  1. Daniel Genho performed remodeling work for Riverdale Hot Springs, LLC, which included many components of the property, leading to a payment dispute. [lines="34-39"].
  2. Genho filed a Mechanic’s and Materialmen’s Lien against Riverdale’s real property due to non-payment and initiated a lawsuit for breach of contract and other claims. [lines="41-44"].
  3. The district court granted Riverdale's motion for directed verdict on Genho's breach of contract claim but allowed his other claims to proceed to trial. [lines="47-48"].
  4. Riverdale contended Genho's claims were barred under the Idaho Contractor Registration Act (ICRA) since he was not a registered contractor at all times during the project. [lines="51-54"].
  5. The court found that there were two distinct agreements between Genho and Riverdale, allowing Genho to pursue equitable claims despite the illegal nature of the initial work. [lines="180-182"].

Issues

  1. Did the district court err in failing to direct a verdict on all of Genho’s claims under the ICRA? [lines="240-241"].
  2. Did the district court err in awarding attorney fees to Genho under Idaho Code section 12-120(3)? [lines="242-243"].

Holdings

  1. The district court did not err by declining to direct a verdict on Genho’s unjust enrichment, quantum meruit, conversion, and lien claims because ICRA permits equitable remedies for severable work performed by registered contractors. [lines="288-294"].
  2. The court affirmed the award of attorney fees to Genho for his unjust enrichment and quantum meruit claims, but reversed the fee award on the conversion claim as it was based on tortious conduct rather than a commercial transaction. [lines="677-679"], [lines="861-872"].

OPINION

Case Information

*1 ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - )

) Garry Jacques d/b/a Jacques Construction ) ASBCA No. 63640 Management and Consulting Services )

) Under Contract No. N62473-18-C-1208 )

APPEARANCE FOR THE APPELLANT: Michael Metz-Topodas, Esq.

Saul Ewing LLP Philadelphia, PA APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.

Navy Chief Trial Attorney Robyn L. Hamady, Esq. Joshua S. Kauke, Esq. Trial Attorneys OPINION BY ADMINISTRATIVE JUDGE THRASHER

The parties have resolved their dispute and request that the Board enter judgment in favor of appellant.

It is the Board’s decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties’ stipulation and agreement, that the appeal is sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $150,000. This amount is inclusive of Contract Disputes Act interest. No further interest shall be paid. Each party shall bear its own fees, costs, and expenses.

Dated: November 5, 2024

JOHN J. THRASHER Administrative Judge Chairman Armed Services Board of Contract Appeals (Signatures continued)

I concur I concur OWEN C. WILSON DAVID B. STINSON Administrative Judge Administrative Judge Vice Chairman Armed Services Board Armed Services Board of Contract Appeals of Contract Appeals

I certify that the foregoing is a true copy of the Opinion and Decision of the Armed Services Board of Contract Appeals in ASBCA No. 63640, Appeal of Garry Jacques d/b/a Jacques Construction Management and Consulting Services, rendered in conformance with the Board’s Charter.

Dated: November 6, 2024

PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals 2