Plaintiff alleges breach against construction contractor over unfulfilled kiln repair agreement

Lynchburg US Courthouse
Lynchburg US Courthouse
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Woodgrain, Inc., an Idaho-based corporation, has filed a lawsuit against BKD Enterprise, LLC and William B. Brewer in the United States District Court for the Western District of Virginia on November 17, 2025. The complaint accuses BKD Enterprise and its agent, Brewer, of multiple legal violations stemming from a construction contract gone awry at Woodgrain’s facility in Independence, Virginia.

The case centers around a series of agreements between Woodgrain and BKD Enterprise that began in November 2024 when Woodgrain contracted BKD to demolish damaged dry kilns at their sawmill. Following this initial project, Woodgrain entered into another contract with BKD on February 25, 2025, for more extensive work involving steam lines and electrical systems for a total sum of $390,790.18. Woodgrain paid half of this amount upfront as a deposit. According to the complaint, despite promises from BKD to prioritize the project and begin work promptly, significant delays ensued. The defendants allegedly failed to provide necessary engineered drawings and repeatedly misled Woodgrain about the status of the project.

By July 2025, after months of sporadic communication and unfulfilled promises from Brewer and BKD—including false claims about company mergers—Woodgrain had received no substantial progress or return on their deposit. The plaintiff asserts that these actions constitute breach of contract, fraud (both actual and constructive), conversion and civil theft, unjust enrichment, among other allegations.

Woodgrain is seeking compensatory damages totaling $195,395.09—the amount of their initial deposit—as well as punitive damages amounting to $350,000 due to what they describe as intentional misconduct by BKD and Brewer. They also request declaratory judgment confirming the breach of contract by the defendants along with injunctive relief mandating the return of their deposit plus any profits derived from it.

Representing Woodgrain is attorney Cameron S. Bell from PennStuart law firm based in Abingdon, Virginia. The case is being presided over by Judge James P. Jones under Case No. 1:25-cv-00069-JPJ-PMS.

Source: 125cv00069_Woodgrain_Inc_v_BKD_Enterprise_LLC_Complaint_Western_District_Virginia.pdf



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