Wayne Co. man sues Mountaineer Contractors for breach

By Kyla Asbury | Feb 8, 2016

WAYNE – A Prichard man is suing Mountaineer Contractors Inc. after he claims it breached an agreement with him. Samuel A. Brown owns and resides on 12.642 acres in Butler District of Wayne County in Prichard, according to a complaint filed Jan. 6 in Wayne Circuit Court.


WAYNE – A Prichard man is suing Mountaineer Contractors Inc. after he claims it breached an agreement with him.

Samuel A. Brown owns and resides on 12.642 acres in Butler District of Wayne County in Prichard, according to a complaint filed Jan. 6 in Wayne Circuit Court.

Brown claims Mountaineer was hired by the government to perform work related to the construction of the Prichard Intermodel Facility Project, which included obtaining fill material for the project.

Entry upon the plaintiff’s property was necessary and the only reasonable means for the defendant to obtain fill material from the plaintiff’s property for the project and on Jan. 1, 2013, the plaintiff and defendant contracted or otherwise entered into a written agreement drafted by the defendant, according to the suit.

Brown claims in March 2013, the defendant began constructing roads and obtaining and moving rock, dirt and other fill material for the project and the work continued thru September.

During the same period, the defendant entered upon Brown’s property and obtained fill material from Brown’s property and the West Virginia Department of Transportation’s property and transported the fill material to the project, according to the suit.

Brown claims the defendant obtained 170,543 cubic yards of fill material from his property and, by entering his property, obtained approximately 171,473 cubic yards of fill material from WVDOT’s property.

On Aug. 18, the defendant paid Brown $127,907.25 for entering onto his property and obtaining fill material, according to the suit.

Brown claims the defendant has not paid and has refused to pay him for entering upon his property to obtain fill material from WVDOT’s property.

The defendant owes Brown for entered upon his property, as stated in the agreement, according to the suit.

Brown is seeking compensatory damages with pre-judgment interest. He is being represented by Bert Ketchum and Clayton J. Maddox of Greene, Ketchum, Farrell, Bailey & Tweel.

The case is assigned to Circuit Judge Darrell Pratt.

Wayne Circuit Court case number: 16-C-003

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Organizations in this Story

Greene Ketchum Farrell Bailey and Tweel West Virginia Department of Transportation

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