MOOREFIELD – A Scott Depot corporation is suing over an unpaid amount due on contract work it completed, citing breach of contract, unjust enrichment, intentional misrepresentation and theft of services.
Triad Engineering filed the suit June 8 in Hardy Circuit Court against EMPC-Biomass of Moorefield, EMPC Bio-Energy Group, EMPC-Biomass of Altoona, EMOC-Biomass Global LLC, EMPC-Pellet Fuels, EMPC-Biomass, Eastern Mountain Pellet Company, and Andrew R. Hammaker, Frank Redavide and Paul E. Guaraldi, individually and as principals of the companies, citing breach of contract, theft of services, negligent and/or intentional misrepresentation and unjust enrichment.
On July 8, 2014, the defendants entered into a professional services agreement with the plaintiff during which the plaintiff performed engineering services for the purpose of constructing a wood pellet manufacturing facility. The defendants, the suit says, agreed to pay the plaintiff for the services.
However, the suit states, the defendants have failed or refuse to pay the plaintiff for the work. Triad is owed the principal of $42,244.70 plus interest in excess of $3,600, which accrues at the rate of 1.5 percent per month from the date of the invoice.
On Feb. 10, the defendants entered into a guaranty agreement through which they agreed to pay the plaintiff. As yet, the suit claims, that hasn't happened.
In addition to a trial by jury, the plaintiff seeks the total amount due as outlined above, interest, court costs and attorney fees. Representing the plaintiff is David V. Moore of DV Moore Law of Charleston.
Hardy Circuit Court case number 15-C-34