Building firm sues customer for non-payment

By Carol Ostrow | May 8, 2015

BECKLEY — A Colorado company is suing a New Jersey firm and its founder for alleged breach of contract in a 2014 agreement.

ProBuild Company LLC of Denver, with offices in Charleston, brought a complaint against BMC Construction LLC of Orange, N.J., and Gwenevere Motley of Montclair, N.J., on April 7 in Jackson Circuit Court, claiming breach of faith in a May 2014 financial dispute.

Motley executed a written personal guaranty accompanying a loan agreement between the plaintiff and the defendant BMC on or about May 15, 2014, the lawsuit states. According to the complaint, BMC accepted delivery of goods without paying the total amount invoiced. The suit was filed with accompanying records to support the plaintiff’s claims, with paperwork documenting the contract.

Alleging breach of contract along with breach of obligation of good faith and fair dealing, the plaintiff seeks damages in the principal amount of $52,609.37; finance charges of 18 percent per annum until payment in full is received; post-judgment interest; collection costs, attorneys’ fees, and related expenses.

ProBuild is represented by Danielle Waltz Swann and Nicklaus Presley of Jackson Kelly in Charleston. The case has been assigned to Judge John A. Hutchison.

Jackson Circuit Court case no. 15-C-273

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