Construction company sued over materials contract

MARLINTON - A local home building company sues a construction company for allegedly breaching their contract and wrongfully filing a mechanic's lien.

The Lawson Henry Co. LLC filed a lawsuit Nov. 18 in the Circuit Court of Pocahontas County against O.C. Cluss Professional Services LLC O.C., Cluss Lumber Co. and Charles C. Cluss, individually and in his capacity of officer, citing breach of contract, breach of the duty of good faith and fair dealing, tortious interference with contractual and/or business relations, abuse of process and slander of title.

The Lawson Henry Co. states in March it purchased an unfinished townhouse in Snowshoe with the intent of completing construction on the unit and selling it for profit.

The complaint states the plaintiff contracted with the defendants for the purchase and delivery of construction materials and the defendant promised to supply all materials no later than May 30.

However, the defendants failed to complete delivery in a timely manner, delivered some materials incrementally over the summer of 2013 and delivered defective, incorrect or poor quality materials, according to the complaint. The plaintiff states due to the defendants' breach of contract, the plaintiff was unable to market and sell the townhouse during the peak season.

The plaintiff is seeking compensatory damages, damages for lost business opportunities, punitive damages, interest, attorney's fees and other relief deemed just. The Lawson Henry Co. is represented by Robert A. Campbell, Robert D. Cline Jr. and Matthew H. Nelson of Farmer, Cline & Campbell PLLC.

Circuit Court of Pocahontas County Case No. 13-C-55