Engineering firm brings surveyor to court alleging money owed

By Carol Ostrow | Jul 17, 2015


GLENVILLE—A Putnam County company filed suit against a Gilmer County business claiming breach of contract in 2012.

Triad Engineering Inc. of Scott Depot filed a grievance against Smith Land Surveying Inc. of Glenville in Gilmer Circuit Court on June 8, asserting breach of contract in a December 2012 service agreement.

According to the filing, Triad contracted with the defendant to render engineering services on its behalf in or prior to December 2012. The suit states that Triad performed the work in a timely and professional manner, but that Smith has failed or refused to pay for the work.

Triad claims that despite “amicable demand” the defendant has failed to respond and owes a principal sum of $5,700 plus contractual interest of more than $1,000, which the suit states continues to accrue at the rate of 1.5 percent per month starting from March 31, 2014, the original date of invoice.

Court documents indicate that the contract provides for the recovery of costs, expenses, and incidental fees in the event that collection action should become necessary. The suit states that in breaching its contract with Triad, Smith Land Surveying has unjustly benefitted, has been unjustly enriched, and has damaged the plaintiff.

Triad seeks judgment in its favor, actual damages, pre- and post-judgment interest, attorney’s fees and costs.

The plaintiff is represented by David Moore of DV Moore Law in Charleston. The case has been assigned to Judge Jack Alsop.

Gilmer Circuit Court case number 15-C-19.

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