Contractor seeks sale of Hurricane Walgreens property

WINFIELD – A Kentucky contractor is demanding it be paid immediately for work it allegedly completed last year on a Walgreens drug store in Hurricane.

CW Electric, Inc., filed suit against Brash-Barry Contractors, Inc., and Ed Street Company on July 22 in Putnam County Circuit Court.

In its complaint, CW Electric -- an Ashland, Ky., electrical contractor -- alleges Brasch-Barry, of Louisville, Ky., and Street, of Johnson City, Tenn., still owe them over $55,000 for work performed on the Walgreens from Oct. 2008-Nov. 2009.

According the suit, Street is the owner of the Walgreens property on the corner of West Virginia 34 and County Road 19 in Hurricane. Street, on Sept. 29, 2008, hired Brasch-Barry to construct the Walgreens store, the suit says.

About a month later, CW Electric says it was hired by Brasch-Barry for $158,000 as a sub-contractor. The agreement allegedly called for CW Electric "to provide labor, equipment, and materials to complete all concrete work, less concrete stem walls, per plans and specs for use in the erection of Walgreens Store #12678."

During the course of construction, CW Electric says, at Street's request, it entered into some change orders that increased the amount CW Electric was to be paid by $2,258. Nevertheless, it was able to complete all work under contract by Nov. 12, the suit says.

Upon completion of the work, CW Electric alleges Brasch-Barry only paid them $104,291.36. Two months after completing the work, records show they filed a mechanic's lien on the property for remaining $56,236.64.

CW Electric asks in its suit that a mechanic's lien be enforced by the sale of the property "by the Sheriff of Putnam County... and that all proceeds of the sale be applied to Plaintiff's claim."

In addition to enforcement of the mechanic's lien, CW Electric makes a demand for payment of court costs, attorneys fees and interest.

It is represented by Justin D. Jack with the Charleston law firm of Flaherty, Sensabaugh and Bonasso.

The case is assigned to Judge O.C. "Hobby" Spaulding.

Putnam Circuit Court, case number 10-C-244