Attorney Josh Bovender Secures Dismissal of $500,000 Fraud Claim, Forcing Pre-Trial Settlement of Action in Josh’s Favor

TT&H Attorney Josh Bovender recently prevailed in a lawsuit arising from the construction of a multi-million dollar nursing home. Josh’s client, a nationally-recognized lumber company, supplied all of the roofing and siding materials for the project. After a dispute arose concerning the project, Josh and his client successfully secured over $120,000 in settlement proceeds from a lien action on the property. Josh and his client then pursued the responsible contractor.

The contractor counter-sued with a $500,000 fraud claim, alleging that Josh’s client fraudulently inflated material prices. Josh moved to dismiss the fraud claim and the Court agreed, finding no basis in the record to substantiate the allegations of fraud. The entire case settled less than 24 hours after the favorable ruling, ending over six years of protracted litigation.

Josh commented, “These Defendants filed what were clearly frivolous counterclaims designed to leverage a wobbly defense. The timing of the settlement, which happened only hours after the ruling came down, is indicative of that. We are very pleased that the Court saw things our way.”

Questions about this case can be directed to Josh Bovender at (717) 237-7153 or jbovender@tthlaw.com.