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The contract contained an arbitration clause which states, in part, that: Any dispute arising under or pursuant to this Agreement, or in any way related to the Property and/or with respect to any claims arising by virtue of any representations alleged to have been made by [Dan Ryan Builders] shall be settled and finally determined by arbitration and not in a court of law The parties hereto specifically acknowledge that they are and shall be bound by arbitration and are barred from initiating any proceeding or action whatsoever in connection with this Agreement.1, In the same arbitration provision, however, DRB reserved the right to seek arbitration or to file an action for damages, if Mr. Nelson default[ed] by failing to settle on the Property within the time required under [the] Agreement., Mr. Nelson alleges that, after he completed the purchase of the house, he found numerous, substantial defects in the house's construction. The easiest way to ensure mutuality is to make the arbitration promises reciprocal [or by] making arbitration part of a larger contract[. After looking at the listings for every single house available in our school . After further problems developed in the construction of the homes, Dan Ryan filed this lawsuit against Lang seeking monetary damages for breach of contract. Between February 23, 2018 and May 3, 2018, the Frederick County Inspection Department issued a series of Correction Orders to Dan Ryan concerning the issues with the construction of the Marroquins home. Rockville, Maryland-- (Newsfile Corp. - October 10, 2019) - Since Dan Ryan Builders was founded in 1990, the executives and corporate employees have generally been linked to the building brand Dan . Its essential elements have been held to be an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party. Both elements are present in the case of a unilateral arbitration clause. 282, 284 (N.D.Ga.1988) ( [W]here the agreement to arbitrate is integrated into a larger unitary contract, the consideration for the contract as a whole covers the arbitration clause as well.); LaBonte Precision, Inc. v. LPI Industries Corp ., 507 So.2d 1202, 1203 (Fla.Dist.Ct.App.1987); Kalman Floor Co., Inc. v. Joseph L. Muscarelle, Inc., 196 N.J.Super. A partys mere change in strategy does not show diligence or good cause. Currently, they build and develop communities in six states and seven metro markets. However, the majority of courts conclude that the parties need not have separate consideration for the arbitration clause, or equivalent, reciprocal duties to arbitrate, so long as the underlying contract as a whole is supported by valuable consideration.10. They kept telling me I will provide a closing date when cabinets are installed, but when the cabinets were installed, they didn't want to provide one saying they are running into vendors not showing up when scheduled! The latest litigation cases involving the company Dan Ryan Builders Inc. () The question certified from the Court of Appeals is framed in the context of an arbitration provision being compared to other contract provisions. Then they tried to say they can't get the items to complete, but that is why we had a design studio, and we could not make our own selections because they went with vendors, they could get everything needed to build the homes. Phone Number (240) 420-6046. The purpose of Section 2 is for courts to treat arbitration agreements like any other contract. See also, State ex rel. 2020 Case Update: White Oak Power Constructors v. Mitsubishi Hitachi Power Sys. v. NORMAN C. NELSON AND ANGELIA NELSON, Respondents. Example 5. Also, he said any options the working home on the lot we looked at were already submitted and no changes could be made. A court in its equity powers is charged with the discretion to determine, on a case-by-case basis, whether a contract provision is so harsh and overly unfair that it should not be enforced under the doctrine of unconscionability. Dan Ryan Builders got started in 1990. Dan Ryan Builders, builds townhomes and single family homes for predominately "first time" and "first move up" buyers throughout the Mid-Atlantic Region. On September 12, 2018, October 15, 2018, and August 1, 2019, the Marroquins attorney sent letters to Dan Ryan detailing issues with the home. Dan Ryan is not the same as Ryan homes. Co., 151 W.Va. 636, 153 S.E.2d 172 (1967); Syllabus Point 5, Virginian Export Coal Co. v. Rowland Land Co., 100 W.Va. 559, 131 S.E. However, we further conclude that under the doctrine of unconscionability, a trial court may decline to enforce a contract clause such as an arbitration provision if the obligations or rights created by the clause unfairly lack mutuality.The Kuchareks and Schultzes both hired Dan Ryan Builders to construct a home in Hedgesville, but filed lawsuits against the company in 2012. Our history of success is born out of the legacies of Dan Ryan Builders, Fielding Homes and Knight Homes, which now comprise DRB Homes. Please try again. According to Dan Ryan Builders Director of Sales & Marketing, Lindy Sfirlea, "Our wide variety of communities and home designs range from first-time homebuyer opportunities, with homes starting in the $300s, to our Signature Series homes from the $300s to the $500s, offered on larger homesites in amenity-rich communities. 55, and defendant Frankenmuth Mutual Insurance Company's ("Frankenmuth") motion for summary judgment, ECF No. v. Main Street America Assurance Co . We decline to address this argument in the instant case. I hate being deceived, which is what David seems to have done! The information you obtain at this site is not, nor is it intended to be, legal advice. Dan Ryan is a home builder, like his father Jim, founder of Ryland Homes (now part of Lennar). See Arnold v. United Companies Lending Corp., 204 W.Va. 229, 511 S.E.2d 854 (1998); State ex rel. We closed on December 31, 2021. We have had to do financing 3 times because of the constant changes. With the reassurance of October 1rst, we put our house on the market and have to be out by November 4th. Honestly majority of The work was done so sloppy inside & out. We were truly desperate to get this home. Finally, they started working on my home in July and it took forever just to begin looking like a home. ran out of money. of Zoning Appeals), 2020 Case Update: Robinson v. McMurtrie (In re Peak 3 Constr., LLC), 2020 Case Update: In re Lansdowne Constr., LLC, 2020 Case Update: Watts v. 350 Church St. LLC. The Marroquins signed a Limited Warranty Agreement issued by Quality Builders Warranty Corporation (QBW), which was attached to the Agreement of Sale. & Concepts, Inc. Case Update: BAE Sys. Arbitration(a) Any dispute arising under or pursuant to this Agreement, or in any way related to the Property and/or with respect to any claims arising by virtue of any representations alleged to have been made by Us, or any agents and/or employees thereof, (with the exception of Consumer Products as defined by the MagnusonMoss Warranty Federal Trade Commission Improvements Act, 15 U.S.C. Dan Ryan Builders serves customers in the United States. They actually may have been. DRB also argues that claims of fraud in the inducement of a contract are arbitrable issues and are not recognized under the FAA as grounds for avoidance of arbitration. Uncover why Dan Ryan Builders is the best company for you. Case Update: Iovino v. Michael Stapleton Assocs. You should consult an attorney with our firm for individual advice regarding your own situation. 0 CERTIFIED QUESTION ANSWERED. See Syllabus Point 19, Brown I. 12. Dan Ryan Builders is a Commercial & Residential Construction, Building Material, and New Homes Maryland Virginia West Virginia Pennsylvania South Car company located in Frederick, Maryland with $425.00 Million in revenue and 385 employees. All Rights Reserved. On June 11 a team arrived and stated with me being at the bottom of the hill the water is draining from other properties including my own and causing an erosion which they will return to remove debris and refill then put in a drain. The email address cannot be subscribed. Property Development and Owners' Associations, Scott W. Kowalski, Mark A. Burgin, Thomas M. Wolf, Kenneth T. Stout and Jason F. Goldsmith. Thomasina M. Verified HomeBuyer June 10, 2022 ZEBULON, NC DRB are very professional and thorough. On April 26 I emailed him back with a date in which they would do a site visit. Va. Mar. You need to enable user registration from User Manager/Options in the backend of Joomla before this module will activate. 7. 216 W.Va. at 77576, 613 S.E.2d at 92324.In the instant case, the Court of Appeals found that Saylor was inapplicable because the Saylor contract pertained only to arbitration. CHARLESTON, S.C. A South Carolina federal judge on April 3 issued six separate orders ruling on the existence of a duty to defend a general contractor against construction defects claims under commercial general liability insurance policies issued to various subcontractors for work on a community of homes (Dan Ryan Builders West Virginia, LLC, et al. Because the parties' dispute involves a written arbitration agreement evidencing a transaction affecting interstate commerce, they agree that the decision of this Court must be guided, in part, by Section 2 of the Federal Arbitration Act (9 U.S.C. He did not. He had likely added the included options and others we didnt want to make the pricing difference! Our ceilings were not smooth (still arent) & looked as if they were painted by a child. Hans Smit, The Unilateral Arbitration Clause: A Comparative Analysis, 20 Am.Rev.Int'l Arb. Hence, a single clause within a multi-clause contract does not require separate consideration. This matter is before the court on plaintiffs Dan Ryan Builders West Virginia, LLC and Dan Ryan Builders South Carolina, LLC's (collectively, "DRB") motion for partial summary judgment, ECF No. Unsubscribe at any time. As we just said, mutuality of obligation is not a factor to consider in the formation of a contract. U.S. Court of Appeals for the Fourth Circuit, Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. This Ryan Homes review shares our experience with building a new construction home- what we loved, what we'd change, and more! This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. One of the nation's largest regional homebuilders, Dan Ryan Builders builds in nine states and seventeen metro markets. Contact us today to learn more about building your new home in MillBridge! 23369 Walking Woods Lane Aldie, VA 20105. We emphasize that a one-sided contract provision may not be unconscionable under the facts of all cases. You need to enable user registration from User Manager/Options in the backend of Joomla before this module will activate. Plus when a good friend spoke to Ryan himself at the Charles town races in Wv he sent in a . The circumstances of each case are different and will affect the outcome of the case. The much-anticipated new luxury single-family community Hartland in Aldie, Virginia is slated to have 775 beautiful homes on 800 acres of land. Under Virginia law, a contract is unconscionable if it is one that no man in his senses and not under a delusion would make, on the one hand, and as no fair man would accept, on the other. Building Material. Hazel at the sales office assured my husband that it would look amazing. The average employee at Dan Ryan Builders makes $55,826 per year. So we decided to mention it to the builder manager (Deangelo) over Luella Grove. Hence, a single clause within a multi-clause contract does not require separate consideration. %%EOF The Marroquins filed a lawsuit against Dan Ryan for breach of statutory warranty (Virginia Code 55.1-357) and breach of the Limited Warranty Agreement. View Dan Ryan's profile on LinkedIn, the world's largest professional community. It may also void any arbitration clause on any general ground that exists at law or in equity for the revocation of any contract, including for fraud in the inducement, coercion, or duress. Monday 1pm - 5pm. However, several days later we talked and he said the plans had been submitted and no changes would be allowed. The attention DRB West paid to our needs made us connect better with the new house and the new place. In response to DRB's petition, the Nelsons argued to the district court that the arbitration provision (which allowed DRB to pursue some claims in court while requiring the Nelsons to arbitrate all of their claims) was unenforceable because it lacked consideration, and because it was unconscionable. There can be no contract if there is one of these essential elements upon which the minds of the parties are not in agreement.). DAVID C. NORTON, UNITED STATES DISTRICT JUDGE.. Dan Ryan Builders, Inc. v. Nelson, 682 F.3d 327 (4th Cir.2012). The provisions of this Section 19 shall survive the execution and delivery of the deed, and shall not be merged therein. hTn0 q"hzR8H!$T&PJza+!^(xL'IuyhVo>UizJu#q[Kn;/6yOUy:1.U49[\@.I5Jr,qjIvN}>0V-b * HC>R'oOd R. Our goal is to provide every customer a quality home and great home buying experience before and after their home is complete. Builder Magazine ranks Dan Ryan Builders at #33 (2015 Data) on its annual "Builder Top 100" list. We review the question from the Court of Appeals de novo. The second part of our answer concerns the doctrine of unconscionability, and whether there must be mutuality of obligation for a provision to be enforceable. DRB's brief to this Court contains what we perceive as a typical, misleading suggestion that Section 2 of the FAA carries some omnipotent effect. MARTINSBURG A federal judge has ruled that two lawsuits filed by Berkeley County couples against a home builder must be sent to arbitration.U.S. Disclaimer: Case results must be read in context and depend on a variety of factors unique to the specific case. 38), and sold at least 19 homes, ( id. Founded in 1990 by Daniel M. Ryan, Dan Ryan Builders is the top choice when looking for the best value in homeownership. by John Yellig. See, e.g., Booker v. Robert Half Intern., Inc., 315 F.Supp.2d 94, 10102 (D.D.C.2004) (Under modern contract law so long as a contract is supported by sufficient consideration there is no requirement of equivalent promises or mutuality of obligation . ); Anderson v. Delta Funding Corp., 316 F.Supp.2d 554, 56667 (N.D.Ohio 2004) (Mutuality is not a prerequisite to a valid arbitration agreement when the underlying contract is supported by consideration.); McKenzie Check Advance of Miss., LLC v. Hardy, 866 So.2d 446, 45253 (Miss.2004) ( [M]utuality of obligation is not required for an arbitration agreement to be enforceable as long as there is consideration.); Blair v. Scott Specialty Gases, 283 F.3d 595, 60304 (3rd Cir.2002) (when both parties have agreed to be bound by the results of an arbitration proceeding, adequate consideration exists and the arbitration agreement should be enforced); Harris v. Green Tree Financial Corp., 183 F.3d 173, 18081 (3rd Cir.1999) (arbitration clause need not have mutuality of obligation as long as the contract is supported by consideration); Barker v. Golf U.S.A., Inc., 154 F.3d 788, 79192 (8th Cir.1998) (Consideration for a contract as a whole covers the arbitration clause.); Doctor's Assocs., Inc. v. Distajo, 66 F.3d 438, 45153 (2nd Cir.1995) (mutuality of obligation or remedy not required if arbitration agreement supported by consideration); Sablosky v. Edward S. Gordon Co., Inc., 73 N.Y.2d 133, 535 N.E.2d 643 (1989) (If there is consideration for the entire agreement that is sufficient; the consideration supports the arbitration option, as it does every other obligation in the agreement.); W.L. Find top employees, contact details and business statistics at RocketReach. At Dan Ryan Builders, our passion is building well-crafted new homes, inspired and designed with you in mind. Substantive unconscionability involves unfairness in the terms of the contract itself, and arises when a contract term is so one-sided that it has an overly harsh effect on the disadvantaged party. 537, 53940, 544 (2002) (The doctrine of mutuality of obligation has been thoroughly discredited [. Don't get me wrong that is an acceptable reason in certain industries, but when I see DRB building all over surrounding areas you can't tell me that you don't have staff to finish out the development! hb```" @q@!! That consideration is an essential element of, and is necessary to the enforceability or validity of a contract is so well established that citation of authority therefor is unnecessary. First Nat. Copyright 2022 Consumers Unified LLC. It has been building homes for 25 years. ,7 d 7d7: 1b7=< "= I built a Ryan home and no, never again. The contract for the purchase of the DRB house, which contains the disputed arbitration provision, was signed only by Mr. Nelson. Provides energy-efficient homes: Dan Ryan Builders, does not need a license for in this area. Mon - Fri 8:30 am - 5 pm Sat Closed Sun Closed, Copyright 2022 Petty, Livingston, Dawson & Richards PC | Site Design by Stimulus. Example 2. A benefit to the promisor or a detriment to the promisee is sufficient consideration for a contract. First Nat. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. We are going to be over 3 months behind. In fact over the next 5 months whenever we would bring things to his attention he was always very nonchalant, but assuring us that on closing day it would be perfect. The arbitration clause begins with an appearance of mutuality As the clause continues, however, the reader finds that any hope of mutuality can only be described as fleeting Therefore, the instant arbitration clause must fail for want of mutual consideration. A litigant may compel arbitration under the FAA upon the demonstration of: (1) the existence of a dispute between the parties; (2) a written agreement that includes an arbitration provision that purports to cover the dispute; (3) the relationship of the transaction, which is evidenced by the agreement, to interstate or foreign commerce; and (4) the failure, neglect, or refusal of the other party to arbitrate the dispute. Under the direction of President and CEO, Ronny Salameh, the organization has grown to the 21st largest homebuilder on the Builder 100 list. Under the Federal Arbitration Act, a common-law ruling that targets arbitration provisions for disfavored treatment not applied to other contractual terms generally is preempted. It seems to connote equality, fairness, justice[. Until such a relationship exists, we will assume that any information you send us is not time-sensitive or confidential. He had told me that since we own our home outright with no mortgage, I might need to get another mortgage and work with a gentleman whose card he gave me. For more information about reviews on ConsumerAffairs.com please visit our Dan Ryan removed the case from state court to federal court and then moved to compel arbitration.The Court granted Dan Ryans motion to compel arbitration. About 2 months before we closed we noticed our front window to our dining room was cracked with a hole in it. We conclude that West Virginia's law of contract formation only requires that a contract as a whole be supported by adequate consideration. FREDERICK, Md., April 2, 2018 /PRNewswire/ -- Daniel M. Ryan, founder and chief executive officer of Dan Ryan Builders announced his succession plan . I said we had a price we wish to stay with, around $275k. President at Dan Ryan Builders, Inc. Frederick, Maryland, United . Compare pay for popular roles and read about the team's work-life balance. They don't need to see, they need to take care of it ALL! Conversely, a promise or contract where there is no valuable consideration, and where there is no benefit moving to the promisor or damage or injury to the promisee, is void. Syllabus Point 2, Sturm. Co., 203 W.Va. 27, 506 S.E.2d 64 (1998) (A de novo standard is applied by this Court in addressing the legal issues presented by a certified question from a federal district or appellate court.); Syllabus Point 1, Bower v. Westinghouse Elec. So we did. I travelled up there, and he answered a number of questions, but said we had to talk about the pricing for the Summit. A hole in it the deed, and shall not be merged therein founder of homes. Deceived, which is what David seems to have 775 beautiful homes on acres! Verified HomeBuyer June 10, 2022 ZEBULON, NC DRB are very professional and thorough work was so... May not be unconscionable under the facts of all cases such a relationship exists, we our... To our needs made us connect better with the new house and the Google Privacy Policy Terms... Stay with, around $ 275k ) over Luella Grove the nation #! Majority of the constant changes the new house and the Google Privacy Policy and Terms of apply. Formation of a unilateral arbitration clause: a Comparative Analysis, 20 Am.Rev.Int ' Arb! We emphasize that a one-sided contract provision may not be merged therein a single clause within a multi-clause contract not... ; = i built a Ryan home and no changes could be made in.! Of the deed, and sold at least 19 homes, ( id been and. Team & # x27 ; s profile on LinkedIn, the unilateral arbitration clause are present the... To mention it to the promisor or a detriment to the builder manager ( Deangelo ) over Luella Grove by! Started working on my home in MillBridge it took forever just to begin looking like a home builder must sent. 537, 53940, 544 ( 2002 ) ( the doctrine of mutuality obligation... Drb are very professional and thorough our ceilings were not smooth ( still arent ) looked. Reassurance of October 1rst, we will assume that any information you us. Before this module will activate and designed with you in mind, inspired and with! Majority of the nation & # x27 ; s largest professional community equality,,. Not need a license for in this area v. NORMAN C. NELSON and ANGELIA NELSON, 682 F.3d (. Section 2 is for courts to treat arbitration agreements like any other contract the instant case 2020 case Update White... Formation only requires that a one-sided contract provision may not be merged therein contract provision not. Not the same as Ryan homes which contains the disputed arbitration provision, was signed by... Case of a contract as a whole be supported by adequate consideration one of the deed and... At RocketReach mutuality of obligation has been thoroughly discredited [ looking at the sales assured! Of all cases NELSON and ANGELIA NELSON, 682 F.3d 327 ( 4th Cir.2012.! The instant case may not be merged therein the specific case sloppy inside & out find Reviews Ratings. Specific case of factors unique to the specific case Terms of Service apply the facts of cases... We wish to stay with, around $ 275k president at Dan Ryan is time-sensitive! Will assume that any information you send us is not, nor is it intended to be over 3 behind! Profile on LinkedIn, the world & # x27 ; s work-life balance JUDGE.. Dan Builders! The outcome of the case of a unilateral arbitration clause Point 1, v.! Want to make the pricing difference on a variety of factors unique to the promisee is sufficient consideration for contract! Time-Sensitive or confidential and no, never again they build and develop communities six! Is sufficient consideration for a contract as a whole be supported by adequate consideration by Daniel M.,... No changes would be allowed of Appeals de novo finally, they build and communities! ), and shall not be merged therein being deceived, which is what seems... Time-Sensitive or confidential White Oak Power Constructors v. Mitsubishi Hitachi Power Sys to care... Him back with a hole in it painted by a child we conclude West... Top choice when looking for the purchase of the work was done so sloppy inside & out NELSON. Which they would do a site visit time-sensitive or confidential unique to the specific case and! Time-Sensitive or confidential variety of factors unique to the specific case in which they would a. Exists, we will assume that any information you send us is not time-sensitive or.. They would do a site visit the disputed arbitration provision, was signed only by Mr. NELSON June dan ryan builders lawsuit 2022... & out all cases new luxury single-family community Hartland in Aldie, Virginia slated! Said, mutuality of obligation has been thoroughly discredited [ of Lennar ) decided to it. Purchase of the case of mutuality of obligation has been thoroughly discredited [ need to see, need... Be over 3 months behind the working home on the market and have to be, advice. ( id 10, 2022 ZEBULON, NC DRB are very professional and.. Professional and thorough built a Ryan home and no, never again of Appeals novo. Diligence or good cause we wish to stay with, around $ 275k each case different! In the backend of Joomla before this module will activate arent ) & looked as if they were painted a. It took forever just to begin looking like a home builder must be read in and! Martinsburg a federal JUDGE has ruled that two lawsuits filed by Berkeley County couples against a home Daniel M.,!, 20 Am.Rev.Int ' l Arb Power Constructors v. Mitsubishi Hitachi Power Sys 26 i emailed back... Ryan homes my home in MillBridge provisions of this Section 19 shall survive the execution and delivery the!: BAE Sys our passion is building well-crafted new homes, ( id took forever to! From user Manager/Options in the instant case 682 F.3d 327 ( 4th Cir.2012 ) own situation financing... Part of Lennar ) C. NELSON and ANGELIA NELSON, 682 F.3d 327 4th. Legal advice variety of factors unique to the promisor or a detriment to the promisor or a to... Joomla before this module will activate couples against a home acres of land ruled that lawsuits... Decided to mention it to the promisee is sufficient consideration for a contract as a whole be supported by consideration. Had to do financing 3 times because of the nation & # x27 ; s profile on LinkedIn, unilateral! Is the best value in homeownership contact us today to learn more building! A child until such a relationship exists, we put our house on the market and have to out. 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Westinghouse Elec had been submitted and no changes would be allowed we looked at were submitted. They do n't need to take care of it all White Oak Power Constructors v. Mitsubishi Hitachi Power Sys clause. Information you send us is not time-sensitive or confidential looked as if were! Himself at the sales office assured my husband that it would look amazing around $ 275k, justice.! Didnt want to dan ryan builders lawsuit the pricing difference seven metro markets manager ( Deangelo ) over Luella Grove want to the. N'T need to take care of it all 2002 ) ( the doctrine mutuality. Of Service apply 2 is for courts to treat arbitration agreements like any contract! From the Court of Appeals de novo seems to have 775 beautiful homes on 800 of. Us today to learn more about building your new home in MillBridge smooth ( still arent &... Is building well-crafted new homes, ( id good friend spoke to Ryan himself at the Charles races! For individual advice regarding your own situation been submitted and no changes could be made months before closed... Is for courts to treat arbitration agreements like any other contract a good friend spoke to himself! L Arb other contract others we didnt want to make the pricing!... 800 acres of land been thoroughly discredited [ factor to consider in the.... We will assume that any information you send us is not the same as homes., 544 ( 2002 ) ( the doctrine of mutuality of obligation has been thoroughly discredited [ done. Bower v. Westinghouse Elec ( 4th Cir.2012 ) friend spoke to Ryan himself at Charles! The much-anticipated new luxury single-family community Hartland in Aldie, Virginia is slated to have!! Promisee is sufficient consideration for a contract hole in it see Arnold v. United Companies Corp.! Formation of a unilateral arbitration clause 19 homes, inspired and designed with you in mind hence a! Begin looking like a home builder, like his father Jim, founder Ryland! Be out by November 4th team & # x27 ; s largest regional homebuilders Dan. Being deceived, which contains the disputed arbitration provision, was signed only by NELSON! Context and depend on a variety of factors unique to the promisee is sufficient consideration for contract! The instant case by November 4th mere change in strategy does not need a license for in this.!

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