Industrial dryer didn't work properly, suit alleges

KINGWOOD – Two Preston County companies are suing over claims an industrial dryer system it purchased has not performed correctly.

Allegheny Wood Products Inc. and Appalachian Wood Pellets Inc. filed a lawsuit Aug. 8 in Preston Circuit Court against TSI Inc. and Ed Bahr Services Inc., citing negligence.

According to the complaint, on June 11, 2010, Allegheny Wood Products contracted TSI to design, manufacture, deliver and install an industrial dryer system for the development of a new company, Appalachian Wood Pellets. Allegheny says it paid the agreed-upon price in installments as work progressed, making payments totaling more than $770,000, but the system has failed to meet state emissions regulations that were also specified in the contract and the flex-fuel burner, manufactured by Bahr, has not been operational at the right capacity and is not automated as outlined in the contract.

The complaint states the defendants failed to rectify the defects despite being given the opportunity to do so. Allegheny also says recent tests show the system performing with proper emissions compliance but the period of noncompliance was three years, during which time the company suffered damages in replacing parts and employee time. TSI and Bahr are accused of breach of express and implied warranties, products liability, negligence and breach of contract, while TSI is also accused of failure to cure.

The plaintiffs seek damages, a refund of all amounts paid, costs of replacement, interest and attorney fees.

They are represented by attorneys Michael J. Schessler and Christopher L. Edwards of Bowles Rice in Charleston. The case has been assigned to Circuit Judge Lawrance S. Miller Jr.

Preston Circuit Court case number 14-C-148