Pizzeria Uno owners being sued again

HUNTINGTON - A construction company in Hurricane has filed a lawsuit against Absolut-Huntington, doing business as Pizzeria Uno, claiming that it did not fully compensate it for a building project.

James Rupe of James Rupe Custom Builders filed the lawsuit April 7 in Cabell Circuit Court against Steve Neu and David Saul, as individuals, and Absolut-Huntington.

Neu and Saul were recently listed as defendants on a similar case filed March 28 by Architectural Interior Products. Bruce Hanley and Powerball winner Jack Whittaker were also listed as defendants on that case, but not on Rupe's.

Rupe is represented by Michael Carey of Charleston law firm Carey, Scott and Douglas.

In May of 2005, the complaint says, Neu and Saul contracted Rupe to "build out" the Pizzeria Uno in Huntington for a lump sum of $230,000.

The lawsuit says Absolut-Huntington did pay back $110,000 for labor but not $35,608.93 for materials.

On July 15, Rupe says he was told Absolut-Huntington could not continue to make payments.

Rupe says he had to stop work, losing $25,556 on the remainder of the contract.

"By failing to pay all sums due to Rupe, the Defendants have breached the 'Construction Contract' and are liable for all monies due thereunder as well as all consequential damages resulting therefrom," the complaint says.

On Oct. 21, Rupe filed a Notice of Mechanics Lien, stating he had not been paid $44,164.93.

That's the amount Rupe is seeking.

Judge David M. Pancake has been assigned the case.

Cabell Circuit Court case number: 06-C-246