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Report: #1305050

Complaint Review: VCC LLC - Nationwide

  • Submitted:
  • Updated:
  • Reported By: Larry — Saint Petersburg Florida USA
  • Author Not Confirmed What's this?
  • Why?
  • VCC LLC Nationwide USA

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We recently worked for the VCC LLC group and had a very bad experience with Sean Sorsby and Andrew Frith. We accepted a job doing clean up on the Cobb Movie theatre is St. Petersburg Florida on 04/07/16. Sean and Andrew Hired me and my firm www.powerwashtampa.net to do power washing after construction stating before we started that they had hired some temp service workers to do power washing on the location buying store bought equipment and that the day labors had marked up the blacktop surface writing their names  on the surface. Wasn't an issue for me and my team as we work on both residential and commercial clients all across the U.S. . After agreeing to a contract for the job we agreed that we would start the job the following Saturday night at mid night and work thru the weekend to make sure we were ready for their grand opening on April 15th working nearly 36 hours with just a 4 hour break in between for a few hours of sleep. We received the approval of completion on the job from one Sean Sorsby on April 10th in the morning around 830 am. Sean had asked us to help with a few rust spots that were there near the entrance and we agreed that I would help them out and went and got a special rust remover product to help them in short notice after a long weekend. On Monday  Andrew called stating there was marks on the black top surface in front of theatre and I mentioned that they had day labors on this job using store bought power washing equipment that had marked up the blacktop and this wasn't our issue and he said we were finished on this job and wanted me to come by to look at this job. I stated that I wasn't in the state of Florida currently and would not be able to come to this job as it was approved and completed all ready. The top surface of all concrete or blacktop installed would have a finishing clear coat to finish and protect the blacktop and this is what they are seeing now that everything is clean based on the temp service help that was on this job. I have made several attempt and conversation with Andrew Frith about releasing our money earned on this job and he has refused. The last conversation would have been on April 25th where Andrew attempted to negotiate a settlement on our job contract. Not interested in being cheated out of money. Try it on someone else I said we will write a press release and submit it to over 30,000 news agencies and he said they would make a decision within the week.

 

We are going to take the following action on this amount due of 5,150.00 past due

First place a lien on the Movie Theatre for the amount due.

Fill a case in Small Claims court for the recovery of monies in the amount of 5,150.00 and they will add interest in the amount of 18% from the day of April 10th 2016. Our attorney on retainer also bills out at 350.00 per hour the total court settling cost you all when finished will be over 15,000 and it will take 6 months to recover.

Construct a Professional Press Release regarding this issue and release it to 30,000 news agency's all over the world so when others are searching Google.com on the term VCC LLC for your company our Press Release will appear before your company website in the natural search section organically so it will be reviewed before anyone see's your company website. This issue will be talked about a lot in the future by your staff defending your position on this matter over and over again. Before closing a sale this will be a topic.

This report was posted on Ripoff Report on 05/11/2016 04:40 PM and is a permanent record located here: https://www.ripoffreport.com/reports/vcc-llc/nationwide/vcc-llc-sean-sorsby-andrew-frith-brad-davis-vcc-llc-scams-business-in-florida-using-day-l-1305050. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
6Author
0Consumer
0Employee/Owner

#6 Author of original report

VCC LLC Court Issues-Scam-Review

AUTHOR: - ()

POSTED: Monday, July 18, 2016

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: VCC, LLC D/B/A VCC

GENERAL CONTRACTING AND

CONSTRUCTION MANAGEMENT,

RELATOR.

§

§

§

§

No. 08-14-00154-CV

ORIGINAL PROCEEDING

ON PETITION FOR WRIT OF

MANDAMUS

MEMORANDUM OPINION

Relator, VCC, LLC d/b/a VCC General Contracting and Construction Management, has

filed a petition for writ of mandamus against the Honorable Marcos Lizarraga, Judge of the

168th District Court of El Paso, requesting that we require Respondent to withdraw orders

denying VCC’s plea to the jurisdiction and motion to abate. The petition for writ of mandamus

is denied.

To be entitled to mandamus relief, a relator must meet two requirements. First, the

relator must show that the trial court clearly abused its discretion. In re Prudential Insurance

Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate

that there is no adequate remedy by appeal. Id. at 136. We conclude that Relator has failed to

establish it is entitled to mandamus relief.

September 12, 2014

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, J., and Barajas, Senior Judge

Barajas, Senior Judge (Sitting by Assignment)(Not Participating)

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#5 Author of original report

VCC LLC Court Issues

AUTHOR: - ()

POSTED: Monday, July 18, 2016

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: VCC, LLC D/B/A VCC

GENERAL CONTRACTING AND

CONSTRUCTION MANAGEMENT,

RELATOR.

§

§

§

§

No. 08-14-00154-CV

ORIGINAL PROCEEDING

ON PETITION FOR WRIT OF

MANDAMUS

MEMORANDUM OPINION

Relator, VCC, LLC d/b/a VCC General Contracting and Construction Management, has

filed a petition for writ of mandamus against the Honorable Marcos Lizarraga, Judge of the

168th District Court of El Paso, requesting that we require Respondent to withdraw orders

denying VCC’s plea to the jurisdiction and motion to abate. The petition for writ of mandamus

is denied.

To be entitled to mandamus relief, a relator must meet two requirements. First, the

relator must show that the trial court clearly abused its discretion. In re Prudential Insurance

Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate

that there is no adequate remedy by appeal. Id. at 136. We conclude that Relator has failed to

establish it is entitled to mandamus relief.

September 12, 2014

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, J., and Barajas, Senior Judge

Barajas, Senior Judge (Sitting by Assignment)(Not Participating)

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#4 Author of original report

Not Paid

AUTHOR: - ()

POSTED: Monday, July 18, 2016

Vcc, LLC v. Dist. Ct. (Lovett), 69704 (Nev. 2016)

Nevada Supreme Court

 

Filed:  May 13th, 2016 

 

Precedential Status:  Non-Precedential 

 

Citations:  None known 

 

Docket Number:  69704 

 

Judges:  Unknown 

 

Nature of suit:  Unknown 

 

 

 

 

 

                 IN THE SUPREME COURT OF THE STATE OF NEVADA

 

 

                 VCC, LLC; ALL STAR STEEL, LLC;                              No. 69704

                 MARTIN IRON WORKS, INC.;

                 TANDEM INDUSTRIES, LLC; AND

                 TITAN DEMOLITION, LLC,

                 Petitioners,

                 vs.

                 THE EIGHTH JUDICIAL DISTRICT

                 COURT OF THE STATE OF NEVADA,                                     FILED

                 IN AND FOR THE COUNTY OF

                 CLARK; AND THE HONORABLE                                          MAY 1 3 2016

                 ELISSA F. CADISH, DISTRICT JUDGE,                               TRAGIC K. LINDEMAN

                                                                              CLERK OF SUPREME COURT

                 Respondents,                                                SY

                                                                                    DEPUTY CLERK

                    and

                 CAROLYN LOVETT, AS HEIR AND AS

                 SPECIAL ADMINISTRATOR OF THE

                 ESTATE OF MARK BRIAN LOVETT;

                 JAMES RAY LOVETT, AS HEIR OF

                 MARK BRIAN LOVETT; AND THE

                 ESTATE OF MARK BRIAN LOVETT,

                 Real Parties in Interest.

 

 

                                     ORDER DISMISSING APPEAL

 

                            Pursuant to the stipulation of the parties, and cause

                 appearing, this writ petition is dismissed. The parties shall bear their

                 own costs and attorney fees. NRAP 42(b).

                            It is so ORDERED.

 

                                                            CLERK OF THE SUPREME COURT

                                                            TRACE K. LINDEMAN

 

                                                            BY:   4....SVW,..t t

 

 SUPREME COURT

       OF

     NEVADA                 cc:   Hon. Elissa F. Cadish, District Judge

                       Olson, Cannon, Gormley, Angulo & Stoberski

                       Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas

                       Lasater & Martin, P.C.

                       Lemons, Grundy & Eisenberg

                       Morris, Sullivan, Lemkul & Pitegoff/Las Vegas

                       Kemp, Jones & Coulthard, LLP

                       Eighth District Court Clerk

 SUPREME COURT

           OF

     NEVADA

CLERK'S ORDER

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#3 Author of original report

VCC LLC Doesn't pay contractors in Florida

AUTHOR: - ()

POSTED: Wednesday, June 15, 2016

Some Tampa Premium Outlets contractors still waiting to be paid five months after facility opened

Pearl Court at the Tampa Premium Outlets is seen on the morning of the grand opening in Lutz, Fla. on Thursday, Oct. 29, 2015.

LOREN ELLIOTT | Times

Pearl Court at the Tampa Premium Outlets is seen on the morning of the grand opening in Lutz, Fla. on Thursday, Oct. 29, 2015.

Tampa Premium Outlets has been bustling with customers for five months now, yet at least 11 contractors who helped build the mall have filed liens for unpaid work totaling about $2.6 million, according to Pasco County public records.

The largest lien, totaling $1.42 million, was taken out by Brooksville-based RoofUSA LLC against the general contractor for the project, VCC LLC.

RoofUSA co-owner Sue Mignoli said the company is working with VCC to settle and close the lien, noting that a typical time frame for payment is 60 to 90 days after the work is done.

"We're trying to work it out," she said. "A lot of smaller companies it would have put out of business. Do we need the money? Obviously, every company needs its money but it isn't putting payroll at risk."

Mignoli said she received a $300,000 payment about six weeks ago. According to the lien, RoofUSA was hired for a $4.15 million metal roofing job.

Derek Alley, senior vice president for VCC, said the company is working to wrap up the accounts and declined to comment on any specific contracts.

"At the end of the day, often contractors have to file liens," he said. "It's their right to do that. That doesn't mean there are any issues."

Joe's Cool Home Services, a Pinellas Park heating and air conditioning business, filed a lien of $21,000 against subcontractor Taylor Construction Group.

Joseph Branton, general manager of Joe's Cool Home Services, said the company has not received any payment for the job, which he said was finished in early December.

"We're far down the food chain," Branton said. He said sometimes situations occur where it can be difficult to get paid. "We're almost ready to give up and say we're never going to get the money."

Taylor Construction could not be reached for comment.

Clearwater-based Piper Fire Protection also took out several liens against Taylor for work totaling $22,800. Vice president Don O'Lone said the mall and the stores that he did work for have been helpful in getting the issue resolved.

Simon Property Group, which built and owns the center, declined to comment.

The 441,000-square-foot mall opened in October on State Road 56 near Interstate 75. It has 103 stores including Saks Off 5th Fashion Outlet, Banana Republic and Converse.

Alli Knothe can be reached at aknothe@tampabay.com. Follow @KnotheA.

Some Tampa Premium Outlets contractors still waiting to be paid five months after facility opened 03/25/16 [Last modified: Friday, March 25, 2016 9:41pm]
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© 2016 Tampa Bay Times

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#2 Author of original report

Roscoe Huffman Jr., address not shown, vs. Louisville Outlet Shoppes, LLC and VCC, LLC, Frankfort, for injuries and damages sustained in a fall.

AUTHOR: - ()

POSTED: Wednesday, June 15, 2016

Roscoe Huffman Jr., address not shown, vs. Louisville Outlet Shoppes, LLC and VCC, LLC, Frankfort, for injuries and damages sustained in a fall.

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#1 Author of original report

Scam Alert- VCC LLC Reviews

AUTHOR: - ()

POSTED: Wednesday, June 15, 2016

Court of Appeals of Georgia.

ATLANTIC STATION, LLC v. VRATSINAS CONSTRUCTION COMPANY.

No. A10A1134.

    Decided: October 29, 2010

Michael Holland Shanlever, John I. Spangler III, for appellant. Kent Paul Smith, Stephen G. Joy, for appellee.

Atlantic Station, LLC, appeals the trial court's denial of its petition to stay arbitration sought by Vratsinas Construction Company (VCC), which built the parking deck at the mixed-use complex, contending that VCC's claim is not subject to arbitration because it is for services that were not included in the parties' written contracts. Because Atlantic Station participated in the dispute resolution process for 18 months before filing its petition to stay the arbitration, we affirm.

We review a grant or denial of a motion to stay arbitration de novo to determine whether the trial court was correct as a matter of law. See Tigner v. Shearson-Lehman Hutton, Inc., 201 Ga.App. 713, 715 (411 S.E.2d 800) (1991). A review of the voluminous record reveals the following relevant evidence.

The multi-use Atlantic Station complex was built on the 138-acre former “brown field” left by Atlantic Steel. In 1999, VCC began working with Atlantic Station, LLC, to develop proposals for the land.1 At that time, according to VCC's first arbitration demand, Atlantic Station did not have the personnel or cash flow to undertake the development itself. VCC contends it had an “understanding” with Atlantic Station that it would defer charging for these “preconstruction services” in exchange for the opportunity to serve as the general contractor for any structures that would be built on the property, essentially giving Atlantic Station the “equivalent of an interest free loan.”

The complex was eventually planned and financed, and in February 2001, the parties entered into a contract providing that VCC would build the parking deck and related structures. According to VCC, this contract “merely formalized the relationship of the parties,” who continued to operate under the mutual understanding that VCC would be given the opportunity to serve as the contractor for new buildings in exchange for its continued consulting services. In September 2001, VCC contracted with Atlantic District, an affiliated partnership, to build the outer shell of some of the buildings on site, and in January 2003, VCC entered into a second contract with Atlantic Station when the parking lot design underwent major changes. Neither of these contracts refers to VCC supplying its consulting services in exchange for the right to bid on new construction. Both contracts include merger clauses, provide that they may be amended only by written modification, and contain specific provisions regarding the timing of claims. The contracts also define “preconstruction services” and specify the hourly rates to be charged by different personnel for these services. In the February 2001 contract the parties agree that VCC's preconstruction phase began in 1999. The January 2003 contracts states that the preconstruction phase began in April 2002.

In May 2006, according to VCC's initial arbitration demand, Atlantic Station did not allow VCC to submit proposals to serve as the contractor for additional buildings, and in June 2006 VCC billed Atlantic Station for $4.5 million in services rendered from 1999 to 2004. (The company notes that it elected not to bill for services from 2004 to May 2005.) Atlantic Station did not respond to the invoices, and on March 28, 2007, VCC submitted its claims to the project architect, following the payment procedures set forth in the contracts. The architect did not respond in 30 days, and in April 2007 VCC submitted a demand for mediation to the American Arbitration Association pursuant to the 2001 contract. In mid-August 2007, Atlantic Station sought backup documentation for the invoices and within a week VCC submitted documentation to Atlantic Station, detailing the services for which VCC sought payment. The parties participated in two unsuccessful mediation sessions in August and November 2007.

On December 18, 2007, VCC filed another demand for arbitration with AAA. In January 2008, Atlantic Station filed an answer and a counterclaim for $1 million, but did not object to the arbitration itself. The parties selected the arbitration panel and began conducting discovery. Meanwhile, Atlantic Town Center, a related entity which owns the retail and residential portions of the project, initiated an arbitration demand against VCC in May 2008, for damages allegedly resulting from water leaks in the buildings. Shortly afterward, Atlantic Station filed a motion in that proceeding, seeking to have VCC's claim against it for services heard at the same time as Atlantic Town Center's water damage claims against VCC, and both arbitrations were stayed while AAA decided whether to consolidate the two demands. The motion to consolidate was denied in January 2009. Atlantic Station participated the arbitration for six months, during which time it served discovery demands, produced and received documents, filed and opposed motions before the arbitrators, participated in telephone hearings with the Arbitrator Panel, and took depositions.

VCC amended its arbitration demand twice. It describes its first amendment in March 2009 as having “refined and expanded on facts in the original Statement of Claim,” but seeking the same amount of damages under the same theories of recovery. The second amendment in June 2009 also sought the same amount of relief. In May 2009, VCC produced 27,000 pages of documents backing up its claim for services performed throughout the project. According to Atlantic Station, depositions taken in June and July 2009 “clarified the basis of VCC's claims” regarding the agreement upon which it relied to recover the costs of its development services. In one of these depositions, a VCC officer testified that when VCC was denied the opportunity to bid on a contract to building a 24-story office tower in 2006, it considered the agreement breached and issued the invoices, which cover development services provided in connection with the entire project site, not just the parking deck.

Atlantic Station then filed a petition to stay the arbitration, contending that “deposition testimony in recent weeks has demonstrated that VCC seeks to recover in arbitration for work outside the scope of the parties' contract and outside the scope of the written arbitration agreement within the contract.” According to Atlantic Station, its motion to stay was timely because as a result of “procedural issues”-the motion to consolidate-the parties “did not exchange documents until May 2009” and did not take depositions until late June 2009. Those depositions “clarified the basis of VCC's claims” regarding the agreement upon which it relied to recover the costs of its development services, and Atlantic Station filed the motion to stay within 30 days of the revealing depositions. In its motion to stay, Atlantic Station asserted that the arbitration was barred because the claims were for services outside the scope of the contract. It further contended that VCC failed to make the claims within 21 days of the costs being incurred, as required by the contract, and that the statute of limitations had run on some of the claims.

The trial court held a hearing in November 2009, and denied the motion to stay. In its order the court found that “from the sum and substance of the Agreement between them and the AIA documents that were in place between them and the arguments of counsel that it was the intent specifically of Atlantic Station and VCC to arbitrate .”

On appeal, Atlantic Station enumerates five substantive errors: (1) the trial court failed to perform its “gatekeeping” duty and decide whether VCC's claims were included in the arbitration agreement; (2) VCC failed to meet contractual conditions precedent to the claim, such as giving notice within 21 days; (3) VCC waived its claims because they were not made timely; (4) VCC's claims are for “development” services, not “preconstruction services” as defined in the contracts, and thus are not arbitrable because they do not “arise out of or relate to” the written contracts; and (5) the trial court should have stayed the arbitration of VCC's claims for quantum meruit or implied contract. In addition to responding to these specific enumerations of error, VCC contends that Atlantic Station waived its right to object to the arbitration by participating in the process for 18 months before seeking a stay.

Atlantic Station's argument that it had no idea until June 2009 that VCC's claims were based on something other than the written contract is not persuasive, considering de novo the voluminous evidence in the record. VCC's initial arbitration demand in December 2007 described the basis for its claims seeking payment for development services. VCC stated that it was retained in 1999 by Atlantic Station to perform preconstruction and other services to develop Atlantic Station Project on the former “brown field” of a long-idled industry site. It began performing these services in 1999, as the parties acknowledged in their 2001 written contract, which according to VCC “merely formalized the relationship of the parties” as well as providing for the construction phase of the parking structure. VCC said in its December 2007 statement of claim that when the parties entered into the contract, they

had been operating under a mutual understanding or agreement that VCC would be given every opportunity to perform the work for Atlantic Station and its affiliated entities for the construction of all the physical structures within the Project after the plans for construction were developed and that, in return for such future opportunities,.., VCC would defer from charging Atlantic Station for the performance of the preconstruction and other consulting services related to the Project development․ VCC thereafter continued to perform other consulting services for Atlantic Station and its affiliates until May, 2006 pursuant to the same understanding and agreement between VCC and Atlantic Station.

VCC said it “became aware” in May 2006 that Atlantic Station no longer intended to give it the opportunity to undertake additional construction work, which triggered its submission of invoices for the consulting services it performed from 1999 to 2004. VCC even said in its initial arbitration demand that the parties proceeded with the understanding that VCC would defer billing “despite the contract terms” to the contrary providing that claims were waived unless presented within the specified time provided. Finally, VCC argued that the parties by “conduct, mutual understandings and agreement” modified the contract's payment terms regarding the services VCC performed, for which it did not submit invoices until June 2006.

OCGA § 9-9-6(b) provides that

a party who has not participated in the arbitration and who has not made an application to compel arbitration may apply to stay arbitration on the grounds that:

(1) No valid agreement to submit to arbitration was made;

(2) The agreement to arbitrate was not complied with; or

(3) The arbitration is barred by limitation of time.

While most of the case law regarding waiver under OCGA § 9-9-6(b) addresses waiving the right to arbitrate by participating in litigation, rather than waiving the right to stay arbitration by participating in the arbitration, the considerations that apply to waiving the right to arbitrate also apply to waiving the right to stay arbitration. See, e. g., Tillman Group v. Keith, 201 Ga.App. 680 (411 S.E.2d 794) (1991) (litigating the merits of a claim without seeking to initiate arbitration proceedings waives a party's right to insist upon arbitration).

Generally, parties cannot participate in the process-litigation or arbitration-and then change their minds after conducting discovery. “An agreement to arbitrate is waived by any action of a party which is inconsistent with the right of arbitration.” McCormick-Morgan, Inc. v. Whitehead Elec. Co., 179 Ga.App. 10, 13 (345 S.E.2d 53) (1986); accord, Wise v. Tidal Construction Co., 261 Ga.App. 670, 675 (583 S.E.2d 466) (2003). Applying that concept to OCGA § 9-9-6(b), a party also waives its right to litigation by taking action inconsistent with that right and participating in arbitration.

VCC's demands for arbitration put Atlantic Station on notice that its claims arose out of an understanding between the parties and not from the written contracts. While Atlantic Station asserts that it did not know the basis for VCC's arbitration demand until VCC's second amended demand 18 months after its initial demand, VCC claimed in its very first arbitration demand that the parties had proceeded to collaborate under “mutual understandings” which modified the terms of the written contracts. Atlantic Station actively participated in the arbitration from January 2008 to July 2009, and then, once the facts were developed, challenged the demand and initiated a new action by filing a motion to stay the arbitration. By participating in and failing to object to the arbitration process, it waived any right it may have had to stay the proceedings.

The trial court did not err in denying the motion to stay and concluding that Atlantic Station waived its right to stay the arbitration by participating in the process for 18 months.

Based on the foregoing, Atlantic Station's enumerations of error are moot.

Judgment affirmed.

FOOTNOTES

1.  According to Atlantic Station, its sole member is now AIG Global Real Estate Investment Corp.

BARNES, Presiding Judge.

Senior Appellate Judge G. ALAN BLACKBURN and Senior Appellate Judge MARION T. POPE, JR. concur.

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