Subcontractor seeks $1.9M in lawsuit

CLARKSBURG - A subcontractor is suing after allegedly not receiving payment.

The United States of America, for the use and benefit of Kogok Corp., filed a lawsuit Oct. 21 in U.S. District Court for the Northern District of West Virginia, against Travelers Casualty and Surety Co. of America, Federal Insurance Co., Fidelity & Deposit Co. of Maryland, Zurich American Insurance Co., Liberty Mutual Insurance Co. and The Continental Insurance Co., citing action on payment bond.

The complaint states Turner Construction Co. executed a construction contract with the United States and executed and delivered a labor and material payment bond to the United States with the defendants as joint and several sureties.

The complaint states Turner Construction then subcontracted with Turner and Bell Constructors to perform certain portions of the construction project. On Dec. 16, 2010, Turner and Bell Constructors and Kogok entered into a subcontract agreement wherein Kogok agreed to provide certain labor and materials to the project for the price of $3,220,000, according to the complaint.

Kogok states it is currently in the process of rendering labor and materials as required under the subcontract, but it has not been receiving payment for the work.

The plaintiff is seeking damages in the amount of $1,920,177.02, including interest and court costs. The plaintiff is being represented by Charleston attorney Charles M. Johnstone II of Johnstone & Gabhart LLP and Towson, Md., attorneys Adam C. Harrison and Eli Robbins of Harrison Law Group.

United States District Court for the Northern District of West Virginia Case No. 1:13-cv-240.