Company says it wasn't paid for demolition of townhouses

By John O'Brien | Mar 9, 2006

CHARLESTON - The company hired to level the Capital Heights Town Homes in Charleston says it wasn't paid even though it signed four contracts related to the job.

Asphalt Contractors and Site Work, Inc., claim in a lawsuit filed Feb. 24 in Kanawha Circuit Court that more than $150,000 is owed to them.

The claim lists Vista View Apartments, Alan Ives Construction Company, United Bank and the City of Charleston as defendants, though the City of Charleston is only listed to comply with West Virginia code. Asphalt Contractors, which has its principal place of business in Catlettsburg, Ky., is not seeking recovery from it.

They are seeking it, however, from Vista View Apartments and Alan Ives Construction.

"Even though Asphalt Contractors performed as directed by the contract, Alan Ives and Vista View failed and refused to make payment for all labor, materials, parts and equipment used on the construction project as it was contractually required to do so," the complaint says.

Asphalt Contractors claim that it entered into four contracts on June 7. One was for town home demolition and certain earthwork, one was four the demolition of a five-story building, one was for storm site drainage and the other was for roads and walkways on the site.

The claim says that Vista View is the owner of the owner of the project, and Alan Ives was the general contractor for the job. Asphalt Contractors became a subcontractor when it agreed to the contracts.

Asphalt Contractors say that it completed the first contract for town home demolition but was not allowed to finish the work awarded it under the contracts.

Represented by Charles M. Johnstone of Thaxton and Johnstone, Asphalt Contractors is seeking $158,376.37 plus 10 percent interest per year.

Judge Duke Bloom has been assigned the case. The plaintiff demands a trial by jury.

Kanawha Circuit Court case number: 06-C-375

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