MOUNDSVILLE -- A Wheeling construction company is appealing the state's decision to make it post a wage bond before taking any more work.
Engineered Foundation Solutions filed a lawsuit Aug. 7 in Marshall Circuit Court against the West Virginia Department of Labor.
According to the complaint, on July 30, a Department of Labor compliance officer, John Burke, served the plaintiff a cease and desist order requiring the company to begin posting an adequate wage bond on all company job sites or else the state would shut the company down Aug. 13. The company alleges state code exempts the company from having to post such a wage bond because it's been in existence for more than five years.
Engineered Foundations Solutions asks the court to lift the cease and desist order and for the state to recognize the company as exempt from having to do so. The company is represented by attorney Mark A. Kepple of Bailey and Wyant in Wheeling.
Marshall Circuit Court case number 15C1434.