Aireko Construction Management Services, LLC faced a setback when the Court of Appeals of Puerto Rico denied its appeal regarding a dispute with a former employee, José Núñez Camacho. The court ruled that Aireko's late motion to overturn a previous judgment was not valid, which could influence how similar cases are handled in the future.
The ruling affects Aireko Construction and its former employee, as it confirms the lower court's decision to dismiss Aireko's claims. This case underscores the importance of timely legal actions in employment disputes, especially regarding claims and counterclaims.
Background
The dispute began in May 2023 when Aireko Construction filed a lawsuit against José Núñez Camacho, his wife Emma Osorio RodrÃguez, and their community property. The company claimed damages and breach of contract, alleging that Camacho performed his construction work negligently. This lawsuit came after Camacho filed a separate action against Aireko for wrongful termination in October 2022.
In the initial lawsuit, Aireko argued that Camacho's negligence caused them significant damage. However, Camacho responded by seeking to have the case dismissed. He contended that Aireko's claims were essentially a compulsory counterclaim that should have been included in his wrongful termination case.
In January 2025, the Court of First Instance dismissed Aireko's lawsuit, stating that the claims were indeed a compulsory counterclaim that should have been presented alongside Camacho's wrongful termination case. The court ruled that Aireko had forfeited its right to pursue those claims by not raising them in a timely manner.
The Ruling
The Court of Appeals upheld the lower court's decision, confirming that Aireko's motion to overturn the dismissal was filed too late. The judges on the panel included Judge Sánchez Ramos, Judge Pérez Ocasio, and Judge Trigo Ferraiuoli. The court stated, "the motion was presented in a tardy manner... the motion to relieve does not allow for raising an issue that could have been brought before the judgment became final."
The court emphasized that the rules governing civil procedures require motions to be filed within a reasonable time frame, specifically within six months of the judgment. Aireko's motion was filed more than a year after the judgment, which the court deemed unacceptable.
Additionally, the court noted that the issues raised in Aireko's motion were matters that could have been presented earlier. The judges concluded that the lower court acted correctly in denying the motion, reinforcing the principle that legal disputes should be resolved in a timely manner.
Impact
This ruling has significant implications for future employer-employee disputes in Puerto Rico. It reinforces the necessity for parties to act promptly when pursuing legal claims or defenses, particularly in cases involving counterclaims. Employers may need to be more vigilant in ensuring that all relevant claims are filed in a timely manner to avoid losing their rights.
The decision also clarifies the boundaries of what constitutes a compulsory counterclaim, indicating that employers cannot wait until a separate action is underway to raise related claims. This ruling may serve as a precedent for similar cases, emphasizing the importance of procedural adherence in the legal process.
What's Next
Aireko Construction has the option to appeal this decision to the Supreme Court of Puerto Rico, although details about any potential appeal were not available in the court filing. The outcome of this case may influence how similar disputes are handled in the future, particularly regarding the timeliness of legal motions.











