Bricklayers and Allied Craftworkers Service Corporation v. Contracting
Bricklayers and Allied Craftworkers Service Corporation v. Dominionaire Contracting, Inc. and Robert Griffin
- Jeffrey Bryan
- 0:24-cv-04462
- U.S. District Court · District of Minnesota
- 12
In Bricklayers and Allied Craftworkers Service Corporation v. Dominionaire Contracting, Inc. and Robert Griffin, Judge Jeffrey M. Bryan granted in part the plaintiff's motion to amend a prior default judgment order, entering judgment against both defendants jointly and severally for over $70,000 in unpaid fringe-benefit contributions plus interest, liquidated damages, and over $28,000 in attorney fees and costs for violating a collective bargaining agreement and federal pension law.
Employers bound by collective bargaining agreements who are required to make contributions to union multi-employer benefit funds under ERISA, and their personal guarantors, particularly those who have failed to submit required reports or make required payments. Also relevant to fiduciary agents of such benefit funds seeking to enforce contribution obligations.
What happened
In Bricklayers and Allied Craftworkers Service Corporation v. Dominionaire Contracting, Inc. and Robert Griffin, the plaintiff—a nonprofit that collects and enforces employer contributions to union benefit funds covering pension, health, vacation, and training benefits for construction trade workers—sued a contractor and its owner for failing to pay required contributions under a collective bargaining agreement and federal pension law known as ERISA (the Employee Retirement Income Security Act). Dominionaire Contracting had signed a collective bargaining agreement requiring it to submit monthly reports and pay fringe-benefit contributions for hours worked by its employees; Robert Griffin personally guaranteed those obligations. The defendants never responded to pre-lawsuit demands, never answered the lawsuit, and did not appear at either court hearing.
The court had previously found the defendants liable but declined to enter a final dollar amount for damages because the plaintiff's calculations were unclear. The plaintiff then filed a motion to amend the prior order and provided a detailed explanation of how it calculated the amounts owed based on the defendants' own reported work hours and the contribution rates in the agreement. The court also declined to extend the judgment to cover periods after April 2025 because the lawsuit only alleged a contract through that date, though the court noted it would reconsider if the plaintiff amends its complaint or submits a declaration showing the contract automatically renewed.
Judge Jeffrey M. Bryan granted the motion in part, entering default judgment—a court ruling in the plaintiff's favor because the defendants failed to appear or defend—against Dominionaire Contracting and Robert Griffin jointly and severally (meaning either or both can be held responsible for the full amount). The court awarded $70,165.76 for unpaid contributions, liquidated damages, and accrued interest for May through August 2024, with interest continuing to accrue at $12.83 per day until judgment is formally entered. The court also awarded $28,047.06 in attorney fees and costs, and ordered defendants to immediately produce monthly benefit reporting forms for October 2024 through April 2025, with a process established for the plaintiff to seek additional damages once those forms are submitted.
The detailed version
This case involves a claim under ERISA (Employee Retirement Income Security Act), 29 U.S.C. § 1145, by Bricklayers and Allied Craftworkers Service Corporation (the Service Corporation), a fiduciary and collection agent for multi-employer benefit funds (the BAC Funds) associated with Bricklayers and Allied Craftworkers Local Union 1 Minnesota/North Dakota/South Dakota (Local 1). The BAC Funds provide pension, health, vacation, training, and other benefits to construction trade workers.
Defendant Dominionaire Contracting, Inc. was a signatory to a collective bargaining agreement (CBA) with Local 1 effective May 1, 2022 through April 30, 2025, obligating it to submit monthly fringe-benefit reports and pay employer contributions for all hours of covered work. Defendant Robert Griffin, the owner of Dominionaire, personally guaranteed those obligations. The CBA imposed an 8% per annum interest rate on unpaid contributions and liquidated damages of 10% of unpaid contributions, as well as liability for attorney fees and costs under 29 U.S.C. § 1132(g)(2).
Dominionaire became delinquent on contributions from at least May 2024 through August 2024 and failed to report and pay for work in October 2024 through April 2025. Defendants ignored pre-litigation demands, failed to answer the complaint, and did not appear at either court hearing. The Clerk entered default, and the court held a default judgment hearing.
In a June 13, 2025 Order, the court found defendants liable but declined to enter a specific dollar judgment, citing inconsistencies in the damages calculations, and ordered defendants to produce fringe-benefit reporting forms for October 2024 through April 2025. The court invited a renewed motion supported by a detailed declaration.
The Service Corporation then filed a motion to amend the June 13, 2025 Order. Judge Bryan construed this as a renewed motion for default judgment under Federal Rule of Civil Procedure 55(b)(2). The court declined to apply Federal Rule of Civil Procedure 60, finding it inapplicable, and instead treated the motion as a supplement to the original default judgment motion.
On liability, the court found the unchallenged factual allegations sufficient to establish a cause of action under ERISA for both defendants. The court declined to extend the judgment to May 2025 through September 2025 because the complaint only alleged a CBA through April 2025. The court noted in a footnote that counsel represented the CBA had auto-renewed, but that fact was not alleged in the complaint; the court said it would consider amending the order if the plaintiff amends its complaint or submits a supporting declaration with proof of service.
On damages, the court found by a preponderance of the evidence (more likely than not) that the Service Corporation was entitled to: (1) $58,554.05 in unpaid contributions for May through August 2024; (2) $5,855.41 in liquidated damages (10% of unpaid contributions); and (3) $5,474.04 in accrued interest as of October 14, 2025, accruing at $12.83 per day—totaling $70,165.76 with interest continuing to accrue until formal entry of judgment.
On injunctive relief, the court ordered defendants to immediately produce complete and accurate monthly fringe-benefit reporting forms for October 2024 through April 2025, consistent with its prior June 13, 2025 Order.
The court established a process for additional damages: once defendants submit the required reporting forms, if they fail to pay all amounts due, plaintiff's counsel may file an affidavit detailing the amounts owed; defendants have 14 days to respond; the court will then amend the judgment without further hearing.
On attorney fees, applying the lodestar method (hours reasonably expended multiplied by a reasonable hourly rate), and considering results achieved, reasonableness of rates, and amount in controversy, the court awarded $27,291.50 in fees and $755.56 in costs, plus an additional $820.00 for two hours of hearing preparation at $410/hour, for a total of $28,047.06.
The court denied the motion to the extent it sought relief for the May 2025 through September 2025 period. The court directed plaintiff's counsel to serve the order on defendants by certified mail and personal service, with a certificate of service due within three days.
Reviewer note from the AI+
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.