Ohio firm suing Huntington eatery for bad checks, failure to pay

By Drew Smith | Mar 2, 2006

HUNTINGTON – An Ohio construction company is suing Moe's Southwest Grill claiming the restaurant passed bad checks and failed to the pay for the construction of its Pullman Square location.

In a suit filed Feb. 24, Construction One claims it is owed $277,946 by Moe's for the construction of the restaurant's 3rd Avenue location in 2005.

The company entered into a contract with Moe's to construct the building in August 2005. In October of that year, Construction One advised Moe's it couldn't continue working without payment.

The suit claims Moe's then forwarded a payment of $95,782 to the construction company, but the check was returned twice for insufficient funds.

Construction One alleges the restaurant fraudulently induced it to continue working by negotiating a check that it knew was supported by insufficient funds.

As a result of Moe's failure to pay, Construction One claims it has suffered a substantial financial loss and is seeking damages in the amount of $277,946.

Cabell Circuit Court case number: 06-C-128

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