Lawsuit says company owes more than $250,000

By John O'Brien | May 24, 2006

WHEELING - A Wheeling construction company says its owed more than $250,000 in a recent lawsuit.

Walters Construction filed a lawsuit May 11 in Ohio Circuit Court alleging that Santco, Inc., and Santinocento have not paid the remaining balance of a construction contract that was once more than $1 million.

Ronald Musser of Wheeling law firm Sommer, Liberati, Musser and Bagay is representing Walters.

According to the complaint, Santco and Walters entered into an oral contract for the improvements of a property on Main St. in Wheeling where Santco would pay all costs of labor and material.

In Nov. 2004, Walters says it began work and eventually submitted invoices totaling $1,227,704.57, with the final invoice being given Oct. 31.

Since then, Santco has paid $969,477.88, leaving $258,226.69 yet to be paid, Walters says.

"The failure by the defendant Santco to pay Plaintiff for the balance of the time and material contract under its contract with the plaintiff constitutes a breach of contract for which Defendant Santco is liable," the complaint says.

The last payment was made March 16, the complaint adds.

Santco charges the defendants with breach of contract and unjust enrichment. It seeks the full amount of the remaining balance.

Judge James P. Mazzone has been assigned the case.

Ohio Circuit Court case number 06-C-164M

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