Builder sues gas station owner for allegedly failing to pay construction costs

By Robert Hadley | Apr 22, 2016

KEYSER – A North Carolina builder is suing to enforce a mechanic’s lien against a client they claim still owes for a gas station they built last year.


KEYSER – A North Carolina builder is suing to enforce a mechanic’s lien against a client they claim still owes for a gas station they built last year.

Southern Pump & Tank Company LLC filed a lawsuit April 14 in Mineral Circuit Court against Marshall Oil Company Inc., alleging breach of contract.

According to the complaint, Marshall Oil hired Southern Pump & Tank on June 24, 2014 to build a gas station on Route 4 in Keyser. Although the project wrapped on July 30 at a cost of $156,678, the suit alleges, $50,851 (including interest) remains outstanding. As a result, the plaintiff has filed two mechanic’s liens against the property in question, attempting to recover payment, the suit says.

Southern Pipe & Tank seeks recovery of the entire unpaid amount, plus litigation costs. It is represented by attorneys Matthew A. Nelson and David A. Bosak of Lewis Brisbois Bisgaard & Smith LLP in Charleston.

Judge James W. Courrier Jr. is assigned to the case.

Mineral Circuit Court Case number 16-C-23

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