- Current report filing (8-K)
February 26 2010 - 7:56AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act Of 1934
Date of Report (Date of earliest event reported): February 26, 2010 (February 24, 2010)
Comstock Homebuilding Companies, Inc.
(Exact Name
of Registrant as Specified in its Charter)
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Delaware
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1-32375
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20-1164345
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(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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11465 SUNSET HILLS ROAD, FIFTH
FLOOR
RESTON, VIRGINIA 20910
(Address of principal executive offices) (Zip Code)
Registrants
Telephone Number, Including Area Code: (703) 883-1700
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if
the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (
See
General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a- 12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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On
February 24, 2010, the United States District Court for the Eastern District of Virginia, Alexandria Division, issued a Memorandum Opinion and Order awarding Plaintiff Comstock Potomac Yard, L.C., (Comstock Potomac Yard) a
subsidiary of Comstock Homebuilding Companies, Inc. (the Company) a total of $11,733,002 from the Defendant, Balfour Beatty Construction, LLC, successor in interest to Centex Construction (Balfour). In addition, Comstock
Potomac Yard is entitled to recovery of certain attorneys fees in an amount to be determined at a future date. Balfour was the general contractor for Comstock Potomac Yards Eclipse on Center Park Condominium project (the
Project) in Arlington, Virginia.
The judgment resulted from litigation initiated by Comstock Potomac Yard in
September of 2008 against Balfour to recover its actual and liquidated damages due to construction delays and additional costs incurred by Comstock Potomac Yard with respect to the Project and to invalidate mechanics liens improperly filed by
Balfour against the Project on July 28, 2008. The mechanics liens had been previously removed from the Project by a court order dated April 20, 2009.
On February 26, 2010 the Company issued a press release regarding the Memorandum Opinion and Order, a copy of which is attached hereto as Exhibit 99.1.
Item 9.01
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Financial Statements and Exhibits.
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Exhibit
Number
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Description
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99.1
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Press Release by Comstock Homebuilding Companies, Inc., dated February 26, 2010
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by
the undersigned hereunto duly authorized.
Date: February 26, 2010
COMSTOCK HOMEBUILDING COMPANIES, INC.
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By:
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/s/ Christopher Clemente
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Christopher Clemente,
Chief Executive Officer
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