West Virginia Record

Monday, December 9, 2019

Point VFD alleges Ohio contractor failed to complete insulation job

By Lawrence Smith | Oct 9, 2008

The Point Pleasant Volunteer Fire Department alleges in a lawsuit an Ohio contractor failed to complete insulation work on this building on Jackson Avenue. (Photo by Lawrence J. Smith)

POINT PLEASANT – An Ohio contractor is named as a defendant in a breach of contract suit filed by a Mason County volunteer fire department for failing to insulate one of its buildings.

On Sept. 12, the Point Pleasant Volunteer Fire Department filed a lawsuit against Ohio Valley Plastering in Mason Circuit Court. In their complaint and suit, filed with the assistance of Matt Clark, with the Point Pleasant law firm of Kayser, Clark and Layne, PPFVD alleges OVP left incomplete an insulation job for which it was hired.

According to court records, PPVFD alleges it entered into a written contract with OVP, which is located in Patriot, Ohio, and owned by Paul R. McCormick, on June 16 "to furnish all labor and materials in application of an Exterior Insulation and Finish System" to the its building on Jackson Avenue. The contract held OVP responsible for exterior of the building except caulking.

The contracted price for the work was $21,500, records show. PPVFD paid $10,750 down with "the remaining sums due upon completion of the contracted work."

Though records are unclear as to why, but OVP "left the job and has refused to finish the contracted work." As result of OVP negligence, PPVFD alleges it has suffered damages in not only the uncompleted work, but also in "being unable to procure a replacement contractor to finish the contracted work."

As compensation, PPVFD is asking to be refunded both the money it paid as well as "any and all sums that it has incurred or will incur in the future to finish the uncompleted work and attorneys fees and costs." In a separate filing, PPFVD Chief Jeremy Bryant stipulated that the total cost for recovery of damages would be less than $75,000.

The case has been assigned to Judge David W. Nibert.

Mason Circuit Court Case No. 08-C-580

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