Miami, Florida – Bernhard Law Firm is proud to announce another significant courtroom victory, obtaining Final Summary Judgment on behalf of our client, Gemma Vence Bent, in the Circuit Court for Miami-Dade County. The Court granted summary judgment on our client’s claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and unjust enrichment, finding that the defendants wrongfully retained our client’s $100,000 construction deposit after performing no construction work, delivering no goods, and refusing to return her money. See Miami-Dade Circuit Civil Case No. 2025-00484-CA-01. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result, or same or similar results).

This case highlights the intersection of international fraud, construction and contractor fraud, consumer protection law, and deceptive business practices, demonstrating how Florida’s consumer protection statutes can provide meaningful relief to victims of sophisticated schemes. If you believe you have been the victim of construction fraud, contractor misconduct, international fraud, deceptive business practices, or other complex commercial wrongdoing, contact Bernhard Law Firm to discuss your rights.

Website: http://www.bernhardlawfirm.com
Email: abernhard@bernhardlawfirm.com
Phone: (786) 871-3349

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A $100,000 Deposit Vanished—Without a Single Hammer Swing

Our client hired individuals who presented themselves as capable of managing a substantial residential renovation project in Miami. They represented that they were associated with a licensed general contractor, capable of performing permitted construction work, and induced our client to transfer a $100,000 deposit toward the project.

What followed was a pattern of deception.

Despite accepting the funds:

• No demolition began.
• No construction was ever performed.
• No licensed contractor was ever engaged.
• No building permits were obtained.
• No materials or furnishings were ever delivered to our client.

Instead, when our client requested the return of her money, the defendants demanded even more funds, asserted unsupported claims that they had ordered furniture overseas, attempted to impose tens of thousands of dollars in undisclosed cancellation charges, and ultimately refused to return the deposit.

Exposing a Sophisticated International Fraud Scheme

Throughout discovery, Bernhard Law Firm uncovered evidence that demonstrated far more than an ordinary contract dispute.

The record established that the defendants:

• represented that a licensed construction company would perform the renovation;
• later claimed the money had actually been wired to a different entity they controlled;
• shifted among multiple business entities under common control;
• admitted no construction work was ever performed;
• failed to identify any goods supposedly purchased for our client;
• refused to allow our client to take possession of any alleged materials; and
• ultimately admitted that any goods allegedly purchased had been sold to third parties for their own benefit.

This type of conduct is exactly why FDUTPA exists—to protect consumers from deceptive business practices that go well beyond simple breaches of contract.

Winning Under Florida’s Consumer Protection Laws

Rather than allowing the defendants to characterize the dispute as a mere disagreement over a construction project, Bernhard Law Firm focused the Court on the undisputed facts.

The Court concluded there were no genuine issues of material fact, including that:

• defendants solicited residential construction services;
• our client paid $100,000;
• defendants retained the funds;
• no construction work occurred;
• no goods were delivered;
• defendants refused to refund the money despite repeated demands; and
• our client received absolutely no value for her payment.

Because those facts were established through sworn testimony, documentary evidence, discovery responses, bank records, and communications, the Court rejected the defendants’ attempts to create factual disputes through unsupported arguments and conclusory affidavits.

Holding Deceptive Construction Practices Accountable

The Court further found that the undisputed evidence established multiple deceptive acts supporting liability under FDUTPA, including:

• misrepresenting licensure and construction capability;
• inducing payment through representations regarding licensed contractors;
• switching entities after payment was received;
• misrepresenting refund obligations;
• attempting to impose undisclosed cancellation penalties and profit margins;
• claiming goods had been purchased while refusing to identify or deliver them; and
• retaining consumer funds despite providing no services or products.

These findings reinforce an important principle under Florida law: businesses cannot obtain substantial consumer deposits through misleading representations and then keep the money when they provide nothing in return.

Why This Victory Matters

Construction fraud increasingly crosses state and international borders. Consumers often deal with multiple entities, foreign suppliers, shell companies, consultants, and contractors operating through overlapping business structures. These cases require aggressive discovery, careful tracing of financial transactions, and a detailed understanding of both Florida consumer protection law and complex commercial litigation.

At Bernhard Law Firm, we were proud to build a record that cut through those complexities and demonstrated that the defendants’ shifting explanations could not overcome the undisputed evidence.

The result was a complete victory for our client on liability through summary judgment.

Protecting Victims of Construction Fraud and International Business Misconduct

Bernhard Law Firm represents individuals and businesses throughout Florida in complex litigation involving:

• International fraud and cross-border commercial disputes
• Construction and contractor fraud
• Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claims
• Business fraud and deceptive trade practices
• Consumer protection litigation
• Commercial and business litigation
• International asset recovery

When deceptive business practices cause significant financial loss, experienced litigation can make the difference between writing off the loss and obtaining justice in court.

If you believe you have been the victim of construction fraud, contractor misconduct, international fraud, deceptive business practices, or other complex commercial wrongdoing, contact Bernhard Law Firm to discuss your rights.

Website: http://www.bernhardlawfirm.com
Email: abernhard@bernhardlawfirm.com
Phone: (786) 871-3349