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
- 7
In Bricklayers v. Dominionaire, Judge Bryan held defendants in contempt and fined them $50 per day for defying a court order to submit benefit reports.
Employers who are signatories to collective bargaining agreements and their individual owners who personally guarantee those obligations, particularly those who fail to submit required benefit-contribution reports or comply with court orders in ERISA collection cases.
What happened
In Bricklayers and Allied Craftworkers Service Corporation v. Dominionaire Contracting, Inc. and Robert Griffin, a Minnesota nonprofit corporation that collects employer contributions to worker benefit funds sued a masonry contractor and its owner for failing to pay required fringe-benefit contributions under a collective bargaining agreement, as required by the federal employee benefits law known as ERISA (Employee Retirement Income Security Act). The defendants never responded to the lawsuit, and the court previously entered a default judgment finding them liable and ordering them to produce monthly benefit-reporting forms for October 2024 through April 2025. The defendants ignored that order, failed to produce any reports, and did not respond to the plaintiff's communications or appear in court.
The plaintiff then moved for a finding of civil contempt and for sanctions. Civil contempt is a court's tool to enforce compliance with its own orders — it can include fines, imprisonment, or compensation to the other party. The plaintiff asked for a fine of $100 per day per defendant, the possibility of jailing the individual defendant Griffin, and reimbursement of its attorney fees and costs for bringing the contempt motion. The defendants did not appear at the hearing held on November 4, 2025.
Judge Jeffrey M. Bryan granted the contempt motion, finding that the plaintiff clearly proved a valid order existed, that the defendants knew about it, and that they disobeyed it. Because the defendants never appeared or offered any excuse for their noncompliance, they failed to meet their burden of showing inability to comply. The court ordered each defendant — Dominionaire Contracting and Griffin individually — to pay a fine of $50 per day (not the requested $100) to the court clerk until they submit the required reports. The court declined to order Griffin's detention at this time. The court also indicated it will award the plaintiff's reasonable attorney fees and costs for pursuing the contempt motion, to be decided alongside a separate pending fee request.
The detailed version
- Bricklayers and Allied Craftworkers Service Corporation v. Contracting · No. 0:24-cv-04462
- Jeffrey M. Bryan
- Nov. 5, 2025
Background
Plaintiff Bricklayers and Allied Craftworkers Service Corporation (the Service Corporation) is a Minnesota nonprofit corporation that functions as a fiduciary under ERISA (Employee Retirement Income Security Act), 29 U.S.C. §§ 1132(g), 1132(e), 1145, authorized to collect employer contributions to worker benefit funds. Defendant Dominionaire Contracting, Inc. (Dominionaire) was a signatory to a collective bargaining agreement (CBA) with Bricklayers and Allied Craftworkers Local Union 1 through April 30, 2025. Under that CBA, Dominionaire was required to (1) submit monthly fringe-benefit reporting forms and (2) make corresponding contributions to the Service Corporation for all hours worked by employees on covered work. Defendant Robert Griffin personally guaranteed Dominionaire's obligations under the CBA.
Dominionaire became delinquent on its fringe-benefit contributions for at least May 2024 through August 2024, and also failed to submit required reports for at least October 2024, with delinquency continuing through at least April 2025. The defendants never answered the complaint, never appeared, and the Clerk entered default against them.
Prior Court Order (June 13, 2025)
On June 13, 2025, the court granted in part the Service Corporation's motion for default judgment, found defendants liable for unpaid fringe-benefit contributions for the period May 2024 to April 2025, and specifically ordered defendants to produce complete and accurate monthly fringe-benefit report forms for October 2024 through April 2025 within 14 days of service of that order. These reports were needed to calculate any additional amounts owed.
The Service Corporation served the June 13, 2025 Order on defendants by certified mail and first class mail on June 18, 2025, making the compliance deadline July 2, 2025. Defendants produced no reports, made no contact, and did not respond to counsel's communications.
Contempt Motion
On September 17, 2025, the Service Corporation moved for a finding of civil contempt and for sanctions. The motion was served on defendants by first class mail to their last known addresses. The court held a hearing on November 4, 2025; defendants did not appear.
Legal Standard for Civil Contempt
Federal courts have authority to compel compliance with their orders through civil contempt and sanctions under 18 U.S.C. § 401 and Fed. R. Civ. P. 70(e). Civil contempt may be used to coerce compliance, to compensate the opposing party for losses, or both. The moving party bears the burden of proving by clear and convincing evidence: (1) a valid court order existed, (2) the alleged contemnor had knowledge of the order, and (3) the alleged contemnor disobeyed it. If the moving party satisfies that burden, the burden shifts to the alleged contemnor to demonstrate inability to comply — specifically that they were unable to comply (explaining why categorically and in detail), that the inability was not self-induced, and that they made good-faith reasonable efforts to comply.
Findings and Ruling
The court found the Service Corporation satisfied its burden on all three elements: the June 13, 2025 Order was a valid order with clear instructions; defendants had knowledge of it (evidenced by the certified and first-class mail service); and defendants failed to produce the required reports. Defendants, having never appeared, offered no explanation for noncompliance and therefore failed to meet their burden of showing inability to comply.
The court found both Dominionaire and Griffin in contempt and granted the contempt motion, but modified the requested sanctions as follows:
Fines The court ordered each defendant to pay a fine of $50 per day (not the requested $100 per day per defendant) from the date of the November 5, 2025 Order until they submit the required missing monthly fringe-benefit reports and otherwise comply with the June 13, 2025 Order. Fines are payable to the Clerk of the U.S. District Court, District of Minnesota. The court found $100 per day disproportionate to the noncompliance at this time.
Detention of Griffin The court declined to order Griffin taken into custody at this time.
Attorney Fees and Costs The court indicated it will award the Service Corporation its reasonable fees and costs incurred in pursuing the contempt motion (as compensation under civil contempt authority), but deferred that determination to be considered alongside the total fee award sought in the Service Corporation's separately pending motion to amend.
Service Requirement The court ordered the Service Corporation to serve this Order on defendants by mail to their last known addresses and to attempt personal service on Griffin, with proof of service to be filed with the court.
Practical Effect
The $50-per-day fine accrues separately against Dominionaire and Griffin individually. The court noted that defendants can stop the fines immediately by submitting the required reports.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.