Construction company sues fraternity, bank, state

By John O'Brien | Aug 11, 2006

MORGANTOWN - A Grafton construction company named three defendants in its lawsuit demanding payment for work done on a house in Morgantown.

Eagle Construction Company filed the suit Aug. 7 in Monongalia Circuit Court against Sigma Phi Epsilon Building Association, Centra Bank and the State of West Virginia.

Eagle Construction seeks the amount owed to it and the property to be sold, with the proceeds being applied to that payment.

"The plaintiff was the general contractor who performed work and labor by virtue of a contract with the defendant and… has a lien for the value of such work or labor upon all real estate and personal property of the defendant," the complaint says.

The property in question is located on High St. The Mechanic's Lien against it was filed Feb. 9. Eagle Construction says it is owed $362,464.21.

"As a result of the failure of the defendant to timely pay the plaintiff the compensation to which it is entitled and for other substantial breaches of the contract, the plaintiff is due compensatory and liquidated damages, attorneys' fees and costs, prejudgment and postjudgment interest and all other damages provided by the West Virginia Code," the complaint says.

Centra Bank, it adds, has a note from Signa Phi Epsion secured by a deed of trust, securing the real estate for $220,000.

The State of West Virginia, by its tax department, has asserted tax liens against the property, the complaint says.

George B. Armistead of Morgantown's Baker and Armistead is representing Eagle Construction.

Monongalia Circuit Court case number 06-C-519

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