CLARKSBURG – A Morgantown full-service engineering and general contracting company alleges it was removed from a project and not paid for its services by a California company.
March-Westin Co. Inc. filed a complaint Dec. 21 in U.S. District Court for the Northern District of West Virginia against Swinerton Builders Inc. alleging fraudulent or negligent inducement, breach of contract and other counts.
According to the complaint, the plaintiff alleges that in April 2017, defendant requested plaintiff to provide its own bid for the provision and erection of the timber elements for defendant's project of the construction of two buildings in Broomfield, Colorado. The suit states in August, the defendant issued a notice of intent to not award that stated the subcontract should be considered rescinded between it and the plaintiff.
The plaintiff holds Swinerton Builders Inc. responsible because the defendant allegedly induced plaintiff to believe that a contract existed between defendant and plaintiff and to further induce plaintiff to continue to devote substantial time and effort on the project.
The plaintiff requests a trial by jury and seeks compensatory damages of more than $75,000, punitive damages, attorney's fees, costs and such other and further relief. It is represented by Andrew G. Fusco and Jeffrey A. Ray of Bowles Rice LLP in Morgantown.
U.S. District Court for the Northern District of West Virginia case number 1:17-cv-00199