CLARKSBURG – Positive Group LLC is suing Waterfront Place Hotel and Compass Bank after it claims they were unjustly enriched at its expense.
Positive Group furnished and delivered labor, materials, supplies and/or equipment for use in renovations to the defendants’ properties, according to a complaint filed April 7 in Monongalia Circuit Court and removed to federal court Aug. 30.
Positive Group claims it requested payment for the labor, equipment and materials and Waterfront failed to pay the amount owed.
On Oct. 7, Positive Group filed a Notice of Mechanic’s Lien claiming the amount owed, totaling $1,219,423.16, according to the suit.
Positive claims Waterfront was permitted to post bond in the sum of $249,585.37, plus $4,991.71 in interest in exchange for the discharge of the mechanic’s lien. Now that amount is due.
Positive Group has a valid, enforceable lien upon the bond and is entitled to the entire bond, according to the suit.
The defendants have been unjustly enriched at Positive’s expense, according to the suit.
Positive is seeking compensatory damages. It is being represented by Peter T. DeMasters, J. Thomas Clark, Christopher M. Jones and Bradford P. Bury of Flaherty Sensabaugh Bonasso.
The defendants are represented by Teresa J. Dunmire and Courtney A. Kirtley of Kay Casto & Chaney.
U.S. District Court for the Northern District of West Virginia case number: 1:17-cv-00149