Company says it wasn't paid for unexpected work

By Kelly Holleran | Aug 8, 2014

CHARLESTON -- A company has filed suit saying it had to perform unexpected, additional work for which it has not yet received compensation.

J.F. Allen Corporation filed suit June 30 in Kanawha Circuit Court against the Sanitary Board of the City of Charleston and Burgess and Niple Inc.

According to the complaint, the plaintiff bid $5,160,621.75 to work on a gravity sewer replacement for manhole installation, house service connections and restoration of paved and non-paved areas. It based its bid on plans it received from defendant Burgess and Niple, according to the complaint.

On Jan. 9, 2013, J.F. Allen began working on the project, but started running into problems such as unmarked utilities and disruptions caused by other entities, the suit states.

To complete its job, J.F. Allen was forced to perform extra work, the complaint says. J.F. Allen notified the sanitary board of the additional costs associated with the project, but it has refused to pay for them, the company claims.

In addition to the sanitary board, J.F. Allen named Burgess and Niple as a defendant, saying it negligently failed to prepare an adequate and accurate design of the project, failed to prepare accurate plans, failed to properly consider change orders and failed to properly administer the contract, according to the complaint.

J.F. Allen Corporation is seeking $1,309,943 for the additional work it performed.

It is being represented by Charles M. Johnstone and Madeline G. George of Johnstone and Gabhart in Charleston. The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number 14-C-1182

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