Defeating a Construction Lawsuit Through Strategic Procedural Dismissal

August 3, 2020
By: Justin Burch

Today, Davis Law achieved a summary dismissal for one of its construction clients in a $36,000 breach of contract action in Isle of Wight, Circuit Court.  The plaintiff in this matter was a Virginia limited liability company and brought the action against our client pro se.  However, under Virginia law, except under limited circumstances, a business entity generally cannot represent itself without an attorney.  As a result of the corporate plaintiff filing this action pro se, the Court struck the complaint and dismissed the action, specifically noting that the complaint was a nullity and that any applicable statute of limitations never tolled.