CHARLES TOWN -- Mark's Tank Cleaning is suing the West Virginia Department of Environmental Protection cabinet secretary for failure to pay more than $20,000.

John Does 1 through 5 were also named as defendants in the suit.

Mark's Tank Cleaning held an express contract with WVDEP and Randy Huffman that expired Aug. 31, 2009, according to a complaint filed May 12 in Jefferson Circuit Court.

The plaintiff claims it submitted a bid for the future work regarding the landfill project and the WVDEP requested that it continue working on the project until a candidate was selected.

The written contract between the plaintiff and the WVDEP expired Aug. 31, 2009, but the plaintiff continued to work on the project until the WVDEP chose a suitable candidate, according to the suit.

Mark's Tank Cleaning claims it performed the work on the landfill until January 2010 by pumping, hauling and disposing of a liquid agent known as leachate from the Jefferson County Landfill.

The plaintiff claims the defendants failed to pay for the services performed in the amount of $23,040.

As a result of the defendants' negligence, Mark's Tank Cleaning was financially ruined and unable to pay its tax obligations and creditors, according to the suit.

Mark's Tank Cleaning is seeking monetary general damages for unpaid invoices, plus liquidated damages with interest; special damages; consequential damages; and exemplary and punitive damages in the amount of $10 million.

Jefferson Circuit Court case number: 10-C-151

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