Commission didn't fully pay for turf, company says

By Cara Bailey | Feb 9, 2007

WHEELING - A Pittsburgh-based company has filed a suit against the Ohio County Commission, claiming the commission did not completely pay for work it performed at Wheeling Island Stadium.

Pro Grass filed the suit Jan. 29 in Ohio Circuit Court. In March 2004, the OCC and Pro Grass entered into an agreement to install a new surface for Wheeling Island Stadium, which the OCC owns.

The suit states Pro Grass agreed to perform all the work required, and the OCC agreed to originally pay $459,622. The agreement also states that the payment from the OCC must be paid within 90 days after the final invoice was submitted.

The work was completed, and Pro Grass submitted an invoice, which included an additional $64,437. The suit states there were several changes requested, which made the price increase.

The first invoice, for $389,419.75, was paid by the OCC. Several more invoices were made, which the OCC paid part of, but the suit claims there is still an outstanding balance of $23,323.

The suit states Pro Grass claims the OCC has breached the agreement between the two companies by failing to pay the entire sum.

Pro Grass seeks the contract damages of $23,323, together with any court costs and other damages.

Pro Grass is being represented by Denise D. Klug. The case has been assigned to Judge Martin Gaughan.

Ohio Circuit Court 07-C-37

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