Construction suppliers allege property owners failed to pay

By Philip Gonzales | Nov 30, 2016

PHILIPPI — Two construction materials suppliers are suing Barbour County property owners, alleging failure to pay for purchased products.

Builders Group Inc. and Valley Supply Company filed a lawsuit Nov. 14 in Barbour Circuit Court against Skinner Properties LLC and Thomas R. Ross II, alleging violation of the West Virginia Code.

According to the complaint, the defendants' contractor purchased construction materials from plaintiffs on a credit account for the improvement of the defendants' property in Barbour County. As a result of contractor's breach of agreement, the suit says, the plaintiffs filed a materialmen's lien against the defendants' property.

The plaintiffs allege the defendants' contractor has failed to pay the plaintiffs $10,748.72 for materials used for the construction of improvements on the defendants' property.

Builders Group and Valley Supply seek trial by jury, an order enforcing the plaintiffs' liens and providing for the sale of the property, with the proceeds to satisfy the plaintiffs' liens, plus interest, costs of suit and court fees. They are represented by attorney Peter G. Zurbuch of Busch, Zurbuch & Thompson PLLC in Elkins.

Barbour Circuit Court Case number 16-c-94

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