Second contractor sues church over unpaid bills

By Justin Anderson | Mar 16, 2009

MARTINSBURG – Another contractor is suing a Martinsburg-based church and its trustees, saying it was stiffed for work it performed for the non-profit.

Gantt's Excavating and Contracting filed a lawsuit Feb. 5 against Destiny Baptist Church and its trustees – Carl Que Hickerson, Jimmie Williams, Alfred Clark, Maymie Handy and Teresa Roy – claiming it's owed at least $353,872 for site preparation work it performed for the church.

Another firm, Patton, Harris, Rust and Associates, is also suing the non-profit over $125,944 in unpaid invoices for work it did to build a church.

Gantt's claims it entered into a contract with Destiny in Feb. 2007 to do site improvements on 28 acres of land the church owns near Martinsburg. The work was to include the installation of water and sewer drains, electrical conduit, sediment control, sanitary sewer and grading an access drive.

The plaintiff says it performed the work, but the church never paid for it.

The excavating company filed a mechanics lien against the piece of property on Sept. 12, 2008 and is asking the court to approve sale of the land to satisfy Destiny's alleged debts.

The plaintiff claims it is also owed legal fees and an additional 15 percent of the debt plus 1.5 percent monthly interest pursuant to the contract.

Berkeley Circuit Court case number: 09-C-99

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