WEST VIRGINIA RECORD

CHARLESTON – A Nebraska construction company is suing over two cellular telephone towers it says it helped build, but never got paid.

TMS Construction Services of Lincoln, Neb., filed a lawsuit Feb. 20 in Kanawha Circuit Court against Pardee and Curtin Realty, Towerco LLC, Bechtel Corp., Expertech Network Installation, New Cingular Wireless, AT&T Mobility, SBA Towers II, SBA Acquisitions, Nextel WIP Lease Corp., nTelos, PNC Bank and the city of Charleston.

All the defendants are headquartered out of state.

Pardee and Curtin own the two sites for the towers –- located in Kanawha County –- and subleased the sites to Towerco, who in turn subleased to Cingular, the complaint states.

Cingular contracted with Bechtel to install, operate and maintain the two towers, the complaint says. Bechtel contracted with Expertech for the construction, which in turn subcontracted with TMS.

Under the agreement with TMS, Expertech allegedly agreed to expedite processing of TMS's invoices if the defendant company could keep 8 percent of the gross revenue paid by Bechtel for the construction work.

TMS claims it performed the required work under the contract, but has never been paid by either Expertech or Bechtel. Expertech owes TMS $239,195 and Bechtel owes $95,195, the complaint says.

AT&T, SBA, Nextel and nTelos all maintain leaseholds and/or partial ownership interests in the tower sites, the complaint states. Meanwhile, PNC Bank and the city of Charleston each hold liens against the properties.

TMS has filed mechanics liens on the properties.

TMS is suing on grounds of breach of contract, quantum merit, unjust enrichment and to have the mechanics liens enforced, which would entail foreclosure on the properties.

Charles R. Hughes is representing TMS. Kanawha Circuit Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number: 09-C-297