Contractor alleges client paid only half of bill

By Carol Ostrow | Jun 17, 2015

BECKLEY — A Raleigh County business is suing a Nicholas County construction company, alleging contract violation.

Childers Enterprises Inc. of Beckley filed a lawsuit in Raleigh Circuit Court against Norco Construction Company of Summersville, alleging breach of fiscal duty in 2013.

According to the complaint, Childers Enterprises contracted with Norco to perform work at Crossroads Chevrolet in Bradley. The suit says an invoice originally was drafted Nov. 13, 2012, with an initial total balance of $12,300, and by May 17, 2013, the defendant had paid the plaintiff only $6,150, leaving an unpaid balance of an additional $6,150. The suit says the defendant has refused to pay Childers the rest of the bill.

The plaintiff charges breach of contract, quantum meruit and unjust enrichment, and alleges Norco accepted the plaintiff’s work and benefited from it without honoring the contract.

Childers Enterprises seeks: compensatory damages of $6,150, plus interest; attorney fees; costs; and any other relief deemed appropriate by the court. The company is represented by attorney John D. Wooton Jr. of Wooton, Wooton & Davis in Charleston. The case has been assigned to Circuit Judge John A. Hutchison.

Raleigh Circuit Court case number 15-C-378-H

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