Contractors seeking payment from Putnam homebuilder

By Lawrence Smith | Aug 13, 2009

WINFIELD - In the course of just over a week, a Putnam County construction company was hit with four lawsuits from three contractors seeking payment for their services.

WINFIELD - In the course of just over a week, a Putnam County construction company was hit with four lawsuits from three contractors seeking payment for their services.

Dodrill Heating and Cooling and III Trees Inc., both of Hurricane, and ProBuild East, a Delaware Corporation with a principal location in Denver, Colo., filed suit in Putnam Circuit Court last month against Steorts Homebuilders of Hurricane. All three allege Steorts has failed to pay them for service or materials provided in construction of homes in either Scott Depot or Hurricane.

Records show both Dodrill and III Tress filed their suits on July 2. Dodrill's suit names Ironton, Ohio residents Thomas L. and Sara B. Klein as co-defendants.

In their suit, Dodrill alleges that they are contracted by Steorts to provide "work and materials" for homes at 33 Chandler Dr., 319 and 365 Tyler Way in Scott Depot and 109 Chase Park in Hurricane. The Kleins are identified in court records as the owners of 109 Chase Park.

Though records do not state when work began on the homes, it apparently ended in late-2007 or early 2008 as Dodrill filed respective mechanic's liens of $14,289, $13,662, $15,228 and $16,487 against the properties on Jan. 28, 2008.

The Tyler Way properties are subjects of the suits filed by III Trees and ProBuild.

In its suit, also filed July 2, III Trees alleges it provided $10,391.74 in labor and materials to Steorts for 365 Tyler Way, but was never paid. It's mechanic's lien was filed on Jan. 28.

On July 10, ProBuild filed separate suits for unpaid materials it provided in the construction for 319 and 365 Tyler Way. Both suits allege ProBuild began work for Steorts in March 2007, and made final deliveries to both properties on Nov. 13.

Despite sending invoices throughout much of 2008, ProBuild alleges "Steorts Homebuilders defaulted on its obligation to pay for the materials." Records show on Feb. 11, it filed respective mechanic's liens of $48,454.61 and $36,579.61.

Both Dodrill and III Trees are represented by Shawn R. Romano with the Charleston law firm of Romano and Olivio. In addition to enforcement of the mechanic's liens, both suits make claims for breach of contract and unjust enrichment against Steorts, and seek unspecified damages, court costs, attorney fees and interest.

ProBuild is represented by Roger A. Jarrell II and, in addition to enforcement of their liens, seeks only interest and court costs.

The Dodrill and ProBuild East I cases are assigned to Judge O.C. "Hobby" Spaulding. III Trees and ProBuild East II are with Judge Philip M. Stowers.

Putnam Circuit Court, Case Nos. 197 (Dodrill),198 (III Trees),208 (ProBuild I), 209 (ProBuild II)

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