Concrete supplier seeking money

WHEELING - An Ohio-based concrete supplier is suing four businesses, including Lowe's Home Centers, claiming they owe almost $300,000.

Sidwell Materials, Inc., of White Cottage, Ohio, filed the lawsuit in Ohio County Circuit Court against G.G.P. of Wheeling 2003, Gioffre Companies, Pat Ionadi Corp. and Lowe's.

Sidwell says it was contracted to provide concrete and related materials on Aug. 21, 2005, for the building of a Lowe's in Wheeling and that it is still owed $287,235.23.

"Defendant Pat Ionadi breached the agreement with Sidwell Materials by failing and refusing to pay Sidwell Materials $287,235.23 for the concrete materials and supplies furnished and delivered by Sidwell Materials under the parties' agreement for the performance of the work…" the complaint says.

A Notice of Mechanic's Lien was filed Jan. 30 by Sidwell.

Sidwell is charging the defendant's with fraud, breach of contract and unjust enrichment.

G.G.P. of Wheeling is the owner of the land on which the Lowe's is being built, and Gioffre Companies, the lawsuit says, is a party to the prime contract with G.G.P. Wheeling.

Sidwell also is making a claim for punitive damages.

"As a direct and proximate result of Defendant Pat Ionadi's fraud, fraud in the inducement, deceit and perniciously false misrepresentations of material fact to Plaintiff, whether made intentionally, recklessly or negligently, Plaintiff Sidwell Materials was injured and damaged, for which the plaintiff… demands judgment," the complaint says.

Attorney Carl Roncaglione, Jr. of Charleston is representing Sidwell Materials.

Judge James Mazzone has been assigned the case.

Ohio Circuit Court case number 06-C-249