Technology company sues podiatrist for breach of contract

By Kyla Asbury | Oct 26, 2009

WINFIELD —- A technology company is suing a local podiatrist for failure of payment for custom designed computer and telephone networks.

Alpha Technologies Inc. agreed to install the custom designed networks for Dr. Jeffrey Shook in his podiatry practice, according to a complaint filed in Putnam Circuit Court on Oct. 9.

According to the suit, Shook agreed to pay $3,750 per month beginning April 1, 2007 and continuing for 48 months, but breached this contract after failing to pay since April 1, 2008.

The contract between Alpha Technologies and Shook contained an arbitration provision which states, "Any controversy or claim arising out of Agreement or breach of this Agreement is to e settled by arbitration. If an arbitrator cannot be mutually agreed upon, Alpha will select an arbitrator and Jeffrey Shook will select an arbitrator. The two selected arbitrators will then decide upon a neutral arbitrator to adjudge the matter in dispute."

Alpha Technologies claims they sought to invoke the arbitration clause in the contract by three letters, dated March 13, June 4 and Sept. 14, 2009, but Shook has refused to submit to arbitration.

Alpha Technologies is suing for the court to enter an Order compelling Shook to submit to binding arbitration. Lonnie C. Simmons and Heather M. Langeland of DiTrapano Barrett & DiPiero are representing the company.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 09-C-473

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