Five Guys in Teays Valley sued before it opens

WINFIELD – The new Five Guys restaurant in Teays Valley isn’t even open yet, but it already has been sued.

An Ohio business contracted to perform plumbing work at the location has filed suit against the contractor, the restaurant franchisee and the building owner after another plumber was hired.

Now Service Pros LLC filed its complaint Feb. 26 in Putnam Circuit Court against Bill Beckwith Builders LLC, Ram Entertainment LLC dba Five Guys Burgers & Fries and M2 Properties LLC.

NSP claims it entered into the $27,020 contract with Bill Beckwith Builders on Jan. 7 to do the plumbing work at the Five Guys being built on Teays Valley Road.

NSP says it began the work on Jan. 12. But after three days of work, the company says it learned another subcontractor had been hired to complete the job.

“Without explanation, BBB kicked plaintiff off of the job,” the complaint states, noting that NSP expected a profit margin of about $7,000 on the job.

NSP says it invoiced the contractor for $4,395, which was the amount of actual work completed from Jan. 12 to Jan. 14. It says BBB hasn’t paid the invoice.

NSP says it filed a mechanic’s lien against BBB in February. It accuses BBB of breach of contract and unjust enrichment. It seeks the $4,395 from the submitted invoice as well as the $7,000 of lost profits. It also seeks pre- and post-judgment interest and other relief.

NSP is being represented by Huntington attorney Timothy P. Rosinsky of Rosinsky Law Office. The case has been assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number: 15-C-41