RIPLEY – A Georgia corporation is suing an installation company, seeking declaration that a mechanics lien is invalid and should be stricken from Jackson County records.
Core States Construction Services Inc. filed the suit Dec. 7 in Jackson Circuit Court against Metro Environmental Services LLC of New York.
Wal-Mart Real Estate Business Trust is the owner of property in Ripley for which it contracted with Core States to be the general contractor to construct a fuel center, the complaint states.
Subsequently, Core States subcontracted with the defendant to provide pump and tank installation for the project. The plaintiff has requested that the defendant provide an accounting of the amount it is charging for the work.
The last date of work on the project by the defendant was May 15. The defendant filed its subcontractor's notice of lien on Sept. 16, 124 days following the last written accounting. West Virginia law requires notification of no later than 100 days following the completion of work.
A result of this inaction is that the plaintiff has not been fully compensated by Wal-Mart for its work; Wal-Mart is entitled to have the lien discharged, the suit says.
Therefore, the plaintiff seeks a declaration that the lien is invalid and that the court discharge it. The plaintiff seeks costs and fees for bringing the action, and that the court grant further relief it deems appropriate.
The plaintiff is represented by Colleen C. McCulloch of Pullin, Fowler, Flanagan, Brown & Poe of Beckley. The case is being heard by Judge David W. Nibert.
Jackson Circuit Court Case number 15-C-150