Contractor demands payment

By John O'Brien | May 26, 2006

MOUNDSVILLE - A contractor that provided services for American Electric Power Service Corp. says it is still owed almost $20,000 from work done on the Mitchell Power Plant in Moundsville.

Martin Marietta Materials, Inc., filed the lawsuit May 10 in Marshall Circuit Court through attorney Norman T. Daniels of Charleston's Daniels Law Firm.

Martin Marietta says it had a mechanic's lien placed against the property after it was contracted by Ragnar Benson to do work for AEP. Martin Marietta says it provided the placement of asphalt.

Six invoices were left unpaid, Martin Marietta says, totaling $18,508.70.

"The plaintiff has fully performed and is not in default under any of the terms and conditions of any contracts or sub-contracts entered into with any of the defendants," the complaint says. "The defendant has failed to provide payments to the plaintiff for its material and services."

The invoices span Aug. 29-Oct. 17.

The Mitchell Power Plant is a coal-fired plant that is one of ten AEP coal-fired plants named in a 1999 lawsuit filed by the federal Environmental Protection Agency. The EPA says AEP violated federal rules requiring new pollution control equipment.

Martin Marietta charges AEP with breach of contract and quantum meruit. It is seeking the amount owed.

Also, as the mechanic's lien statute dictates, Martin Marietta has asked that the property be sold if the proceeds are required to pay the recovery amount if granted.

"In something like this, typically you never see it actually happen," said Charles Hughes of Daniels Law Firm. "You want to put it in there, though, because its one of the forms offered for relief."

Judge Mark Karl has been assigned the case.

Marshall Circuit Court case number 06-C-115K

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