KINGWOOD — A Terra Alta trucking company is suing TOC Construction Inc., a contractor, citing alleged breach of contract, failure to pay for completed work, and unjust enrichment.

Chase Trucking LLC filed a complaint on June 17 in Preston Circuit Court against TOC Construction Inc. alleging that the contractor failed to comply with the terms and conditions of their agreement.

According to the complaint, the plaintiff alleges that between Aug. 19, 2015 and Oct. 22, 2015, it made approximately 65 deliveries of stone to the defendant's various locations in the total amount of $68,097.68. It has received a single payment of $30,000 on or about Dec. 23, 2015, and hasn't received payment for the remaining $38,097.68 as of June 1, the suit says, adding that it has suffered and will continue to suffer damages until full payment was received. The plaintiff holds TOC Construction Inc. responsible because the defendant allegedly withheld funds paid to it by the owners of the job sites with an intent to deprive the plaintiff of its property and failed and/or refused to pay money owed to the plaintiff.

The plaintiff requests a trial by jury and seeks compensation for all damages, to pierce the corporate veil of defendant to hold its shareholders liable for the amount owed to the plaintiff, attorney's fees and expenses and such other relief as the court seem just and equitable. It is represented by Buddy Turner of McNeer, Highland, McMunn & Varner LC in Kingwood.

Preston Circuit Court Case number 16-C-120

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