CLARKSBURG – The defendants in a lawsuit alleging unjust enrichment have filed answers denying allegations against them.
Compass Bank and Minsyr-Oxbridge, which is doing business as Waterfront Place Hotel, filed their separate answers on Sept. 6.
Compass stated that it has no interest in the matter and is not a necessary party to the lawsuit and, as such, should be dismissed as a party to the suit.
“The interest and lien of Compass Bank, by virtue of its properly recorded deed of trust recorded prior to any labor, equipment or supplies provided by plaintiff, is superior to any interest or lien alleged by the plaintiff even in the absence of the bond submitted by defendant Minsyr-Oxbridge, which bond effectively resulted in a release of plaintiff’s lien.”
The damages the plaintiff complains of were not the proximate result of any acts of omission or commission on the part of Compass, according to its affirmative defenses.
Minsyr-Oxbridge complied with or exceeded the requirements of the terms of the contract at issue, but Positive Group breached its duties set forth in the contract, according to its affirmative defenses.
“Minsyr-Oxbridge denies that it is indebted to or liable to Positive Group for any sum whatsoever,” the defendant wrote.
The damages Positive Group complaints of were not the proximate result of any acts of omission or commission on the part of Minsyr-Oxbridge, according to the answer.
Positive Group claims it 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 on 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.
Minsyr-Oxbridge is represented by Teresa J. Dunmire and Courtney A. Kirtley of Kay Casto & Chaney.
Compass is represented by Kelly J. Kimble and Michael S. Garrison of Spilman Thomas & Battle.
U.S. District Court for the Northern District of West Virginia case number: 1:17-cv-00149