CHARLESTON – Jackson Taylor Contractors is suing Asphalt Contractors & Site Work for breaching its contract.
JTC contracted with ACSW to perform services and supply materials necessary to construct a parking lot extension located in Charleston, according to a complaint filed in Kanawha Circuit Court.
ACSW agreed to perform the construction services in the subcontract agreement.
JTC claims it made full and complete payment for the invoices submitted by ACSW, however, ACSW negligently failed to properly perform the work in accordance with the subcontract agreement.
ACSW refused to remediate defective work, thereby forcing JTC to incur additional costs to retain a third party to perform the remedial work, according to the suit.
JTC claims ACSW refuses to reimburse JTC for the costs of remediation.
ACSW breached its contract with JTC and JTC has been damaged and demands judgment, according to the suit.
JTC claims it provided full and complete consideration to ACSW with the expectation that ACSW would perform the construction services in accordance with the terms of the subcontract agreement.
ACSW knew JTC expected the construction services to be performed in accordance with the subcontract agreement when the services were tendered by ACSW and payment received from JTC for the benefit of ACSW, according to the suit.
JTC claims additional costs incurred to correct the deficient work are in the principal amount of $41,259.92.
ACSW has been unjustly enriched at JTC’s expense, according to the suit.
JTC is seeking compensatory damages. It is being represented by Gene W. Bailey II and Ashley N. Lynch of Hendrickson & Long.
The case is assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number: 17-C-1220