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Posted December 11, 2012 | Leave a comment
Housing aid group responds to lawsuit
Daily Staff Report
A building manufacturer being sued in federal court by a New Jersey aid organization denies its principal place of business was at 212 Fort Collier Road, Winchester, during the relevant times in the complaint.
Shelter2Home LLC and its president, Donald A. Stevens, filed an answer to NOVA Hope for Haiti Inc.'s complaint on Friday, according to online court records.
New Jersey-based NOVA originally filed its suit in U.S. District Court in New Jersey, but it was transferred to Harrisonburg late last month. NOVA sends medical volunteers to Haiti, according to the complaint, and hired Shelter2Home to design, plan and manufacture a basic medical facility and housing in Haiti.
NOVA claims it spent more than $61,000 for design drawings and construction materials it hasn't received. In its answer, Shelter2Home claims that NOVA is barred from bringing the lawsuit because it breached design and manufacturing agreements, and these "breaches excused further performance of the Agreements by S2H."
"Plaintiff's claims are barred by reason of Plaintiff's unclean hands," the answer states. "Plaintiff has failed to mitigate its damages...Plaintiff's claims are barred because of its failure to provide S2H with notice and opportunity to cure any alleged defects."
According to its website, shelter2home.com, Shelter2Home provides "a systematic approach to providing decent, affordable housing to people displaced by Natural Disaster, War, Poverty or Neglect."
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