HUNTINGTON - Uptowner Inns Inc. is suing Builders Discount LLC after it claims it failed to complete its contractual obligations in a timely and reasonable fashion.
Uptowner is the owner and operator of a Holiday Inn & Suites in Huntington and it entered into a contract with the defendant in which the defendant was to provide goods and services for a remodel, according to a complaint filed June 21 in Cabell Circuit Court.
Uptowner claims Builders failed to complete its contractual obligations in a timely and reasonable fashion.
The defendant has not provided adequate assurance and has not completed its contractual obligations, which is a breach of contract, according to the suit.
Uptowner claims the defendant owned a duty to use reasonable care when determining or estimating the amount of carpet necessary for the project it was contracted to work on.
The defendant failed to use competent estimators and to supervise the estimates it employed or retained to calculate of cover base necessary for the project, according to the suit.
Uptowner is seeking compensatory damages. It is being represented by Daniel T. Yon and Todd A. Biddle of Bailes, Craig & Yon PLLC.
The case has been assigned to Circuit Judge David M. Pancake.
Cabell Circuit Court case number: 13-C-434