Winter Capriola Zenner secured a significant judgment for a client after an unlicensed general contractor failed to perform agreed-upon renovation work across multiple residential properties while retaining client funds. The matter was led by Kelsey Grodzicki, partner at Winter Capriola Zenner, who represented the client through both the underlying litigation and subsequent bankruptcy proceedings.
When one of the contractor’s principals later filed for Chapter 7 bankruptcy in an attempt to avoid liability, the firm took immediate action to protect the client’s recovery. In an order issued by the U.S. Bankruptcy Court for the Northern District of Georgia, the court ruled that the debt, totaling $463,515.52, was nondischargeable under 11 U.S.C. § 523(a)(2)(A) due to fraud.
Construction Fraud and Bankruptcy: Protecting Clients from Financial Loss
The dispute arose after the contractor represented that it would provide general contracting services on multiple residential renovation projects. The court found that the contractor and its principal intentionally misrepresented their qualifications and the status of the work, accepted payments with no intent to perform, and operated without the required contractor licensing.
After a state court entered a fraud judgment awarding compensatory damages, prejudgment interest, punitive damages, attorneys’ fees, and costs, the contractor’s principal filed for bankruptcy. Winter Capriola Zenner reopened the bankruptcy case and initiated an adversary proceeding to prevent the discharge of the fraud judgment. The bankruptcy court concluded that the contractor’s conduct constituted actual fraud and ruled that the entire judgment, including punitive damages and attorneys’ fees, could not be discharged in bankruptcy.
Holding Contractors Accountable Under Georgia Law
Contractor fraud and non-performance can expose property owners, developers, and investors to significant financial risk. Winter Capriola Zenner represents clients in construction disputes involving fraud, breach of contract, licensing violations, and judgment enforcement, including matters that extend into bankruptcy court.
How Winter Capriola Zenner Supports Construction Clients
The firm provides strategic counsel across the full lifecycle of construction disputes, including:
- Enforcing construction contracts and recovering damages for fraud and non-performance
- Litigating claims involving unlicensed contractors and misrepresentation
- Pursuing nondischargeability actions in bankruptcy court
- Enforcing judgments and protecting creditor rights
- Advising on risk management and regulatory compliance
Results-Driven Representation in Complex Construction Disputes
This result underscores Winter Capriola Zenner’s ability to protect clients when construction disputes escalate into fraud and bankruptcy litigation. By combining construction law experience with bankruptcy and judgment enforcement strategy, and through the leadership of partner Kelsey Grodzicki, the firm helps ensure clients’ financial interests remain protected.