Brooks Run Mining seeks damages from Lone Wolfe Natural Resources

By Carol Ostrow | Aug 20, 2015

WEBSTER SPRINGS—A Webster County mining business is suing a Nicholas County company regarding a 2013 contract dispute allegedly resulting in extra cost and inconvenience to the plaintiff.

Brooks Run Mining Co. LLC filed a lawsuit against Lone Wolfe Natural Resource Services Inc. of Nettie in Webster Circuit Court on May 19, asserting breach of contract in a November 2013 project.

The suit states that the parties entered into an agreement on or about Nov. 19, 2013, for construction work at the Sumter Mine area located near Erbacon in Webster County. Specifically, the project involved building a face up for the mine, approximately 9,000 feet of road from an existing haul road, a sediment pond and an access road.

According to the complaint, Lone Wolf was to furnish all personnel, labor, equipment and materials and complete the task within 150 days.

Brooks Run maintains that the defendant failed to perform the agreed tasks promptly and diligently, claiming that Lone Wolf abandoned the project midway through and materially breached its obligations under the contract.

The plaintiff alleges that the defendant neglected to move yardage material and construct the roadway properly, allegedly resulting in citations from the state Department of Environmental Protection.

Claiming breach of warranty, the plaintiff seeks judgment in its favor along with compensatory damages for economic losses, pre- and post-judgment interest, attorneys’ fees, and costs.

Brooks Run Mining Company is represented by M. Shane Harvey and Jonathan Anderson of Jackson Kelly in Charleston. The case has been assigned to Judge Jack Alsop.

Webster Circuit Court case number 15-C-16

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