Ferro says Ohio Valley Steel refuses to pay more than $100,000

By Kyla Asbury | Nov 15, 2012

CHARLESTON – Ferro Products Corporation is suing Ohio Valley Steel Co., after it claims the company has failed to pay more than $100,000 for steel products it was provided.

GITO, Inc., which is doing business as Nello Construction, was also named as a defendant in the suit.

Ferro Products Corporation entered into an agreement with Ohio Valley Steep to supply certain steel products to it for use and incorporation into the new Cameron High School, according to a complaint filed Nov. 7 in Kanawha Circuit Court.

Ferro claims the initial price for the steel products was $374,000, but through changes in the order and other modifications to the requirements of the agreement, the total contract price was increased to $405,779.

Ohio Valley Steel initially made payments on its invoices, but, beginning in 2012, it failed to pay the invoices, according to the suit.

Ferro claims it contacted Ohio Valley regarding the outstanding invoices and Erikka L. Storch, the CFO of Ohio Valley Steel, advised that it had received a check from Nello and that it would send the check to Ferro, but no check was sent.

On June 18, Ferro contacted Storch again about the promised payment and she said she would send the check that day, but did not send it, according to the suit.

Ferro claims Ohio Valley has not made any further payments and currently owes $119,825.60.

Ohio Valley Steel breached its contract with Ferro by failing and refusing to pay for the steel products, according to the suit, and has been unjustly enriched at Ferro’s expense.

Ferro is seeking judgment in the amount of $119,825.60 with pre- and post-judgment interest. It is being represented by Robert H. Sweeney Jr.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 12-C-2227

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