West Virginia Record

Friday, October 18, 2019

Excavating company alleges Fayette Co. business breached contract

By Louie Torres | Mar 30, 2018


FAYETTEVILLE — An excavation company is suing a Fayette County corporation, alleging breach of contract.

Falk Excavating, LLC filed a complaint March 5 in Fayette Circuit Court against Reserve Resource Partners, Inc. alleging failure to honor the terms of their agreement. 

According to the complaint, Falk Excavating LLC was damaged due to the mining activities that were delayed at Lower Muddlety No. 1 mine, including the defendant falling in default on equipment lease terms. 

The plaintiff alleges Reserve Resource Partners breached their contractual agreement by refusing to pay Falk Excavating for the contracted provisions for all coal that they was able to mine and deliver.

Falk Excavating seeks trial by jury, special damages of at least $100,000, lost profits, interest, court costs and all further relief the court grants. It is represented by attorney James R. Sheatsley of Gorman, Sheatlsey & Co. in Beckley.

Fayette Circuit Court case number 18-C-35

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