Ohio Gratings says Power Plant Services owes nearly $40K

By Kyla Asbury | Mar 29, 2013

CHARLESTON - Ohio Gratings Inc. is suing Power Plant Services Inc. for allegedly failing to pay an unpaid balance of nearly $40,000.

Roger Shafer, the president of Power Plant Services, was also named as a defendant in the suit.

Ohio Gratings and Power Plant had a long-standing business relationship beginning at least as early as 2002 and continuing into 2012, according to a complaint filed March 20 in Kanawha Circuit Court.

Ohio Gratings claims as part of the business relationship, Power Plant submitted purchase orders for steel grating to it and it agreed to provide the steel grating in exchange for Power's promise to timely pay invoices issued for the steel grating.

Between Nov. 2, 2011, and Jan. 16, 2012, Power ordered $57,572.70 worth of steel grating and Ohio Grating provided the steel grating to Power Plant, according to the suit.

Ohio Grating claims in March 2012, it credited $167 to Power Plant's account, reducing the past-due unpaid balance to $57,405.70.

In February 2012, Ohio Grating began to attempt to collect the outstanding balance from Power Plant and Power Plant did not make any payments on the outstanding balance until May 9, when it made a payment of $9,627.40, according to the suit.

Ohio Grating claims Power Plant received, signed and delivered a promissory note in the original principal amount of $47,665.30, payable to Ohio Grating in six consecutive monthly payments of $7,944.22, and Shafer had signed the promissory note.

Power Plant agreed in the promissory note that any remaining indebtedness on the principal balance was due and payable on Dec. 10, if not sooner, according to the suit, and Power Plant paid $7,944.22 on June 6.

Ohio Grating claims Power Plant has not made any further payments since June and still owes $39,934.08 plus interest.

Power Plant breached its contract with Ohio Grating by failing to pay for the steel grating it received from Ohio Grating, according to the suit.

Ohio Grating is seeking damages in the amount of $39,834.08 with pre- and post-judgment interest. It is being represented by Gerald M. Titus III and Megan E. McCullough of Spilman Thomas & Battle PLLC.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 13-C-536

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