CHARLESTON — Persinger & Associates is suing the Roane County Commission alleging it failed to pay the final payment on a project.
The contracting firm bid as part of a public bidding in November 2021, according to a complaint filed in Kanawha Circuit Court.
The firm claims it timely submitted a bid for a project in the amount of $749,000, and on Dec. 17, 2021, the firm was notified by Pickering Associates that it was the low bidder for the project and the county commission intended to award the project to the firm.
Persinger and the county commission entered into a contract on Dec. 28, 2021, and on Jan. 26, 2022, the architect, on behalf of the county, issued a written notice to proceed to Persinger commencing the contract period for its work on the project, according to the suit.
In March 2022, extensive leaks in the existing roof were discovered by Persinger and the firm informed the architect and the county commission.
In August 2022, changes were made to extend the contract for roof repairs, however, the county then decided to let the roof repair work go for public bid and Persinger then ceased work on the roof repairs and was not compensated for the work that was already performed.
After the other contractor finished the roof repair work in May 2023, Persinger began working on the project again and achieved substantial completion on June 8. The firm submitted its final pay application for retaining in the amount of $75,007.92, however the defendant has failed and refused to make this payment, Persinger claims.
Persinger is seeking damages in the amount of $75,007.92 with reimbursement for other damages incurred. It is represented by Norman T. Daniels Jr. and Thomas E. G. Spears of Daniels Law Firm in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-943
