Drywall company sues University Park for failure to pay

By Kyla Asbury | May 7, 2015

MORGANTOWN – A drywall company has filed a lawsuit against University Park at Evansdale LLC, claiming it failed to pay for services.

On May 1, 2014, Bestway Drywall Inc. and University Park entered into a contract to hang and finish drywall, as well as provide other services with University Park at its property, according to a complaint filed May 4 in Monongalia Circuit Court.

Bestway claims the property is to be used for mixed-use student housing for students of West Virginia University and in the contract, University Park is listed as the owner.

Instead, University Park is a private entity that is the lessee of the property, not the owner, according to the suit.

Bestway claims University Park and/or March-Westin Company, the construction manager of the jobsite, failed to timely pay funds due to Bestway pursuant to the contract for services performed regarding the property.

Neither University Park, nor the West Virginia University Board of Governors, the owner of the property, has issued a payment bond or similar type of security on which contractors and/or subcontractors who work on the property can make claims, according to the suit.

Bestway claims the defendants violated West Virginia code.

Bestway is requesting the court to answer legal questions, including whether University Park is a "legal [body] having authority to contract for the erection, construction, improvement, alteration or repair of any public building or other structure or any building or other structure used or to be used for public purpose" pursuant to West Virginia code, according to the suit.

The plaintiff is also requesting the court answer as to whether the University Park project is a public building or building used for public purposes pursuant to West Virginia code; and whether the bonding requirements set forth in West Virginia code applies to University Park.

Bestway is being represented by William C. Brewer and J. Tyler Slavey of Brewer & Giggenbach PLLC.

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