CHARLESTON - Danhill Construction Company is suing G&R Masonry Inc. after it claims G&R failed to complete work on a contracted project and caused damages.
Mark Stutler was also named as a defendant in the suit.
On Aug. 9, the defendants entered into a subcontractor agreement with Danhill relating to construction work to be performed at the Madison Elementary School project, according to a complaint filed March 12 in Kanawha Circuit Court.
Danhill claims G&R completed approximately 90 percent of its work on the project under the subcontractor agreement and was paid the sum of $87,685 by Danhill for the work.
G&R failed to complete its work on the project and in failing to complete the work, breached the subcontractor agreement, according to the suit.
Danhill claims G&R failed to pay its laborers and material suppliers for labor and materials, which also breached the subcontractor agreement.
Stutler is the owner and president of G&R and falsely and fraudulently misrepresented to the plaintiff that it would pay the suns die and owning it under the subcontractor agreement and would immediately pay laborers and material suppliers for labor and material used on the project, according to the suit.
Danhill is seeking compensatory and punitive damages. It is being represented by David K. Schwirian of Pauley Curry PLLC.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 13-C-485