Wanda Pritt, Wanda Pritt – Trustee vs JFP Construction, LLC, John F. Pastore, Jr, John F. Pastore, III

Case Background

On December 7, 2023, Wanda Pritt filed a breach of contract lawsuit against JFP Construction, LLC alleging fraud, intentional misrepresentation, and financial abuse. The case was filed in the Oregon State, Coos County, Circuit Court. Judge Martin Stone presided over this lawsuit. [Case number: 23CV50030]

Cause

As Trustee of the Wanda Pritt Revocable Trust, Plaintiff Wanda Pritt owned real property located at 94026 Crystol Creek Lane in Coquille, Coos County, Oregon (the “Property”). Plaintiff resided on the Property with her daughter, Erica Pritt. The legal description of the Property identifies it as part of the NW 1/4 of the NW 1/4 of Section 7, Township 28 South, Range 12 West of the Willamette Meridian in Coos County.

Defendant JFP Construction, LLC (“Defendant JFP”), a domestic limited liability company registered in Oregon, operated in residential construction. The Oregon Construction Contractors Board licensed Defendant JFP under license number 233567, effective from December 23, 2020, to December 23, 2024. At all relevant times, Defendants John F. Pastore Jr. and John F. Pastore III acted individually and through Defendant JFP.

On October 7, 2022, Plaintiff and Defendants entered into a Construction Contract for remodeling work on the Property. The agreed scope of work included renovations to the kitchen, utility room, and upstairs bathroom. Plaintiff agreed to pay $123,000 for the work. Plaintiff paid $120,500, reflecting a $2,500 reduction mutually agreed upon near the project’s end.

Defendants’ work allegedly contained defects. On June 1, 2023, Plaintiff sent Defendants a certified letter under ORS 701.565, demanding they address the issues. Defendants neither resolved the defects nor compensated Plaintiff.

Additionally, on November 14, 2023, Plaintiff received Defendants’ Notice of Intent to Foreclose a Mechanic’s Lien, along with a construction lien recorded on October 24, 2023.

Damages

Plaintiff incurred economic damages of $120,500 or the diminished value of the Property. She also sustained emotional distress worth $50,000 due to Defendants’ actions. Plaintiff claimed treble damages for financial abuse, reasonable attorney fees under ORS statutes, pre-and post-judgment interest, and any other relief the Court deemed equitable.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Wanda Pritt
    • Counsel for Plaintiff(s): Donald Owen Costello
  • Defendant(s): JFP Construction, LLC | John F. Pastore, III | John F. Pastore, Jr
    • Counsel for Defendant(s): Timothy I Crawley

Claims

Fraud and Misrepresentation
Defendants knowingly made false representations that induced Plaintiff to sign the Construction Contract. They falsely claimed they held the required licenses, possessed the necessary skills, and could perform work to professional standards. They also misrepresented their responsibility to secure permits. Plaintiff relied on these statements, entered the contract, and suffered economic losses.

Unlawful Trade Practices
Defendants willfully misrepresented their qualifications and services. They performed unnecessary and substandard work using unlicensed workers, causing financial harm to Plaintiff.

Financial Abuse of an Elderly Person
Defendants exploited Plaintiff, an elderly person, by performing deficient and unsafe work. They pressured her to make payments despite her concerns about the work’s quality and timeliness.

Breach of Contract
Plaintiff fulfilled her obligations under the Construction Contract. Defendants breached the agreement by failing to deliver work that met professional standards and legal requirements.

Defense

Defendants JFP Construction, LLC, John F. Pastore, Jr., and John F. Pastore, III responded to Plaintiffs Wanda Pritt and the Wanda Pritt Revocable Trust’s Complaint by denying most allegations. They admitted the Trust owns property in Coquille, Oregon, and confirmed entering a $123,000 construction contract but denied receiving statutory notice under ORS 701.565. Defendants also denied contract adjustments and all claims of misrepresentation, breach of contract, or statutory violations.

Defendants raised affirmative defenses, including failure to state a claim, expiration of the statute of limitations, and estoppel due to Plaintiffs’ conduct. They argued that Plaintiffs failed to mitigate damages and excused any alleged breaches by asserting Plaintiffs’ actions or omissions made performance impossible. Defendants further claimed their actions were in good faith and justified, attributing any alleged damages to Plaintiffs. They also alleged the claims were frivolous and pursued in bad faith to harass Defendants.

In their counterclaims, Defendants accused Plaintiffs of breaching the contract by failing to pay for completed construction work and sought compensation for unjust enrichment. They alleged Plaintiffs benefited from the work without providing full payment. Additionally, they claimed Plaintiffs breached the implied covenant of good faith and fair dealing by interfering with their ability to meet contractual obligations.

Defendants requested dismissal of Plaintiffs’ claims, attorney fees, and costs. Through their counterclaims, they sought monetary relief for unpaid services and damages resulting from Plaintiffs’ actions.

Jury Verdict

On November 7, 2024, the jury determined that Plaintiff had been harmed by JFP Construction, LLC’s breach of contract. Accordingly, they awarded $34,000 in past economic damages.

However, the jury returned the verdict in favor of Defendant JFP Construction on the claims of intentional misrepresentation, violation of the Unfair Trade Practices Act, and financial abuse.

Court Documents:

Available upon request