Lumber company wants paid for materials

By Kelly Holleran | Sep 23, 2014


KINGWOOD – A Preston County company is suing over claims it has not been paid for materials provided to a construction company.

Carter Lumber Company filed a lawsuit Aug. 15 in Preston Circuit Court against Magnum Construction Inc., Ty M. and Amy C. Martin, and Clear Mountain Bank Inc. of Bruceton Mills, citing breach of contract.

According to the complaint, the Martins contracted Magnum Construction for work on their lot in The Meadows at Hudson Mill in Pleasant District, and Magnum contracted Carter Lumber Company to supply construction materials. Carter says it has supplied all materials, but Magnum is delinquent in paying, owing more than $28,700. The complaint states Clear Mountain Bank recorded a deed securing an interest in the Martins' property Aug. 19, 2013. The defendants are accused of breach of contract and unjust enrichment.

Carter Lumber seeks the amount owed, damages, interest and the enforcement of its materialman's lien.

It is represented by attorney John R. Callcott of Steptoe & Johnson in Morgantown.

Preston Circuit Court case number 14-C-150

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