HUNTINGTON - Thermal Solutions is suing Structures Resources for failing to pay more than $130,000 for work performed.
In May 2012, Thermal began performing work on Structures' property and completed its duties in January, according to a complaint filed May 8 in Cabell Circuit Court.
Thermal claims Structures failed to pay Thermal $133,110 for work it performed.
On Nov. 19, Thermal filed a notice of mechanic's lien on Structures' property in the amount of $110,000, which was served upon Structure on Nov. 20, according to the suit.
Thermal claims on Dec. 21, it filed an amended notice of mechanic's lien on the defendant's property in the amount of $133,110, which was served to Structure on Jan. 24.
The defendant has breached its contract by failing to pay Thermal for the work it performed on its property, according to the suit.
Thermal claims as a result of Structures' breach of its obligation to pay, it has been unjustly enriched at Thermal's expense in the amount of $133,110.
Structures' actions caused Thermal to sustain damages due to its failure to pay and unjust enrichment, according to the suit.
Thermal is seeking compensatory damages and for the court to enter an order stating that the mechanic's lien on the defendant's property is for all purposes perfected. It is being represented by Wesley F. Agee, Arnold J. Janicker and Jason Bowles at Jenkins Fenstermaker PLLC.
The case has been assigned to Circuit Judge David M. Pancake.
Cabell Circuit Court case number: 13-C-312