WINFIELD – A Putnam County construction company says an
alleged mistake made by a subcontractor prompted the plaintiff to file a claim against the
insurer of a project.
Cathcart Construction LLC filed a lawsuit April 29 in Putnam
Circuit Court against The Ohio Casualty Insurance Co., alleging breach of
contract, unfair trade practices and common law bad faith.
According to the complaint, on Aug. 8, 2007 Cathcart reached
an agreement with Chapman-Martin Excavation & Grading Inc. for work on a
detention pond at Devonshire Teays Valley Phase I, with Ohio Casualty issuing a
performance bond. Cathcart says Chapman failed to properly construct the pond,
causing a culvert failure on April 29, 2015. As a result, Cathcart claims it
will have to repair the pond and ensure compliance with West Virginia’s
Department of Environmental Protection. Although the plaintiff has filed a claim
with Ohio Casualty, the suit says the insurer is refusing to honor the bond.
Cathcart seeks a jury trial and recovery of all contractual damages,
litigation costs and interest. It is represented by attorney James C. Stebbins of
Lewis, Glasser, Casey & Rollins PLLC in Charleston.
Judge Phillip M. Stowers is assigned to the case.
Putnam Circuit Court Case number 16-C-100