Cabell company claims it wasn't paid for HVAC work

By Annie Cosby | Aug 27, 2014

HUNTINGTON -- A Cabell County company is suing over claims it was not paid for an HVAC installation.

Kerstein's One Hour Heating and Air Conditioning filed a lawsuit July 25 in Cabell Circuit Court against Arcon Group Inc. and Merrill D. "Bud" Miller, citing breach of contract.

According to the complaint, on Aug. 16, 2012, Arcon Group contracted Kerstein's to install an HVAC system in Midland Meadows Senior Living on Weatherholt Drive in Ona for $95,000 and additional work valued at $3,500. The plaintiff says Arcon Group and its president, Miller, has paid only $60,000 for the services rendered. Arcon Group is accused of breach of contract, fraud and unjust enrichment.

Kerstein's is seeking the $33,500 owed plus attorney's fees and costs of court.

It is being represented in the case by attorney O. Gay Elmore Jr. in Charleston. The case has been assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court Case No. 14-C-523

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