The Erickson Foundation lawsuit that reached a published ruling is McGivern v. Erickson Foundation Supportworks, a small claims dispute out of Hudson, New Hampshire. On October 11, 2023, the New Hampshire Supreme Court affirmed a $6,048.71 default judgment against plaintiff Brian McGivern after he failed to appear at a mandatory pretrial hearing on the company’s counterclaim.{1New Hampshire Judicial Branch. McGivern v. Erickson Foundation Supportworks, No. 2023-0252}
The defendant is listed in court records as “Erickson Foundation Supportworks, ADO Erickson Construction Co., Inc.” It operates publicly as Erickson Foundation Solutions, a foundation repair, waterproofing, and crawl space contractor serving southern New Hampshire and parts of Massachusetts. Matt Erickson Sr. founded the parent company, Erickson Construction Co., Inc., in 1979.{2Erickson Foundation Solutions. About Us}
How the Case Started
McGivern filed the original small claim in the 9th New Hampshire Circuit Court, Nashua District Division. The court records that reached the Supreme Court do not describe the substance of his claim or the work at issue. Erickson Foundation Supportworks filed a counterclaim, and that counterclaim ended up driving the outcome.{1New Hampshire Judicial Branch. McGivern v. Erickson Foundation Supportworks, No. 2023-0252}
A pretrial hearing was set for December 29, 2022, then continued to March 10, 2023. McGivern did not attend. Under the District Division’s Rule 4.4(b), attendance at a pretrial hearing is mandatory, and a party’s absence can result in default.{1New Hampshire Judicial Branch. McGivern v. Erickson Foundation Supportworks, No. 2023-0252}
On April 5, 2023, Judge Curran entered a default judgment for the company on its counterclaim: $6,048.71, plus interest and costs. McGivern moved to reconsider, arguing that when he logged into the court’s electronic filing records on January 9, 2023, he never saw the hearing notice.{1New Hampshire Judicial Branch. McGivern v. Erickson Foundation Supportworks, No. 2023-0252}
Judge Rauseo denied the motion. The e-filing system’s own records showed that McGivern had opened the hearing notice at 6:59 p.m. on January 9, 2023, contradicting his account.{1New Hampshire Judicial Branch. McGivern v. Erickson Foundation Supportworks, No. 2023-0252}
What the New Hampshire Supreme Court Decided
McGivern appealed. In its October 11, 2023 order, the New Hampshire Supreme Court affirmed. The court held that the trial court had not unsustainably exercised its discretion or erred as a matter of law in entering the default or in refusing to strike it for “good cause.”{1New Hampshire Judicial Branch. McGivern v. Erickson Foundation Supportworks, No. 2023-0252}
One point matters if you are trying to read this ruling as a judgment about the company’s work: it is not one. The Supreme Court did not address the merits of the counterclaim. Because the missed hearing was dispositive, no court ever ruled on whether the $6,048.71 was actually owed on the underlying facts.{1New Hampshire Judicial Branch. McGivern v. Erickson Foundation Supportworks, No. 2023-0252}
Consumer Complaints on Record
McGivern is the only appellate-level litigation on record involving Erickson Foundation Solutions. The Better Business Bureau’s profile for the company lists two consumer complaints filed over the three years ending in late 2024, both categorized as service or repair issues.{3Better Business Bureau. Erickson Foundation Supportworks Complaints}
The October 2024 complaint involved a $300 deposit for a dehumidifier repair and allegations of poor communication over several months. The company responded that the unit was with the manufacturer under a warranty claim and offered free filters and delivery once it was returned.{3Better Business Bureau. Erickson Foundation Supportworks Complaints}
An October 2023 complaint alleged poor workmanship on a crawl space project, including leftover cement, a damaged fence gate, and a sump pump the customer said pushed water back toward the house. Erickson Foundation Solutions said the work met contract specifications and that the sump pump was functioning correctly. The company initially offered a $1,000 partial refund, then withdrew the offer after the customer rejected it.{3Better Business Bureau. Erickson Foundation Supportworks Complaints}
Erickson Foundation Solutions is BBB-accredited and has been in operation since 2014. Matt Erickson Sr. serves as president, with Matt Erickson Jr. as co-owner and Niles Erickson as office manager.{4Better Business Bureau. Erickson Foundation Solutions BBB Profile}{5Erickson Foundation Solutions. Meet the Team}
One boundary worth flagging for anyone searching this term: the New Hampshire company is unrelated to Erickson Companies LLC, an Arizona-based framing contractor that has faced separate data breach litigation. Different owners, different business, different case.