- Report: #753280
Complaint Review: TMV L.L.C.
| TMV L.L.C. 11615 Forest Central Dr, #202
Dallas, Texas United States of America |
|
TMV L.L.C. Triune This company defrauds their subcontractors. Never do any work for them. Dallas, Texas
*UPDATE Employee: TMV LLC dba Triune Wins In Arbitration
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This report was posted on Ripoff Report on 07/15/2011 07:08 AM and is a permanent record located here: http://www.ripoffreport.com/r/TMV-LLC/Dallas-Texas-75243/TMV-LLC-Triune-This-company-defrauds-their-subcontractors-Never-do-any-work-for-them-753280. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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Search Tips#1 UPDATE Employee
TMV LLC dba Triune Wins In Arbitration
AUTHOR: TMV LLC dba Triune - (United States of America)
SUBMITTED: Friday, November 16, 2012
Inc. was awarded nothing on each of their claims. A full transcript of the proceeding can be found at www.dallascounty.org
__________________________________________________________________________
CAUSE
NO. DC-09-16331
PERMANENT BUILDING SYSTEMS INC., successor in
interest to Permanent
Modular Building Systems, Inc. Plaintiff,
V.
IN
THE DISTRICT COURT
193rd
JUDICIAL DISTRICT
TMV, L.L.C. d/b/a Triune and VINCE FUDZIE
Defendant.
DALLAS COUNTY,
TEXAS
ARBITRATION AWARD
Pending
before the arbitrator, Jacob C. Boswell, duly appointed by the 193rd Judicial District Court in the above referenced case, is Plaintiff Permanent Building Systems, Inc.'s ("PBS") First Amended Petition (attached). After conducting a hearing according to Section 171.043 of the Texas Civil Practice and Remedies Code, the arbitrator finds as follows:
I. BACKGROUND
A. The Contract
On January 12, 2007,
Permanent Modular Building Systems, Inc. (now "Permanent Building Systems, Inc." or "PBS") entered into an "Independent Contractor's Agreement" with Defendant TMV, L.L.C. d/b/a Triune ("Mune"). See PBS Exhibit A & TMV Exhibit A. The agreement states that it shall be effective on "January 10, 2006,1 and shall continue in effect for a period of twelve (12) months unless sooner teiminated under Article 6 below." See id. Article 3 of this agreement, titled "Compensation," explains how PBS will be paid. Id. Under the title arbitrator and left it at that. As a result of Triune's unwillingness to participate and based on the evidence PBS presented, an award was granted in PBS's favor and it was approved by the Court. Only after PBS attempted to collect the judgment through garnishment did Triune see fit to intervene in this case;ultimately persuading the Court to vacate the arbitration award on July 17, 2011, and remand to arbitration. Had Triune initially presented its case to the arbitrator, the expenditure of much of this time and effort could have been avoided, Therefore, Triune shall be responsible for arbitration costs incurred prior to July 17, 2011. According to my invoice (attached), the cost of arbitration from my initial appointment until July 17, 2011, is $1,580.00.Triune is responsible for paying this amount to the arbitrator. The remaining balance of the arbitration costs, $11,171.71, shall be paid by PBS.
Iv.
CONCLUSION
Based on the foregoing, the arbitrator finds that Permanent Building Systems, Inc. shall take nothing on each of their claims. Instead, Permanent Building Systems, Inc. shall be liable for the cost of arbitration in the amount of $11,171.71 and TMV, LLC d/b/a Triune shall be liable for $1,580.00. TMV, LLC d/b/a Triune is not entitled to attorney's fees because of its failure to present any evidence regarding the amount or the reasonableness of the amount of fees. This decision disposes of all parties and all claims. All relief not expressly granted herein is denied. Permanent Building Systems,
Inc. v. TMV, Arbitration Award

