Contractor sues couple for nonpayment

CHARLESTON - A Kanawha County general contractor claims a client did not pay for materials and labor.

RC General Contractors filed a suit Feb. 16 in Kanawha Circuit Court against Dr. Pat and Carol Burgess of Charleston.

The lawsuit says there was a contract between RC and the couple for work that was to be done on the Burgess home. After the work was complete, the suit says the couple failed to pay RC $73,294.02.

According to the contract, RC entered into an agreement with the couple on Nov. 11, 2005, when a Promissory Note was signed, in which the Burgesses promised to pay the money, plus 7.5 percent interest per annum. The final amount was due Dec. 1, 2006.

The Burgesses paid a total of $18,000 prior to Dec. 1, but failed to pay in full, thereby breaching the Promissory Note.

RC seeks the remaining amount of the Note, as well as court fees.

Truman C. Griffith represents RC General Contractors. The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 07-C-315