Putnam County company alleged to have failed to pay for nearly $120,000 for home supplies

By Kyla Asbury | Aug 3, 2018

WINFIELD – Probuild Co. of Texas has filed two lawsuits against Putnam County-based T.V.B. Inc. and several individuals claiming they owe more than $100,000 for materials used to build their homes.

Between the two lawsuits, five individuals were named in the complaints: Travis Mollohan, Crystal Mollohan, Howard Gregory, James Mason and Monica Mason. Gregory and T.V.B. Inc. were named in both lawsuits, which the Masons were named in one and the Mollohans in the other. The cases were filed in Putnam Circuit Court.

Probuild Co., which does business as Builders FirstSource, claims T.V.B. purchased building materials for homes for both the Masons' property and the Mollohans' property, both in Scott Depot, between August and November 2017.

The total for the Masons' home project was $54,872.75 and the total for the Mollohans' home project was $64,219.86, the suits states.

When T.V.B. allegedly refused to pay Builders First for the materials, the company put a mechanic's lien on the homes with the Office of the Clerk of Putnam County.

Builders First alleges it provided T.V.B. with multiple invoices for each of the projects and that T.V.B. failed and refused to pay for the materials that were provided.

Builders First alleges that T.V.B. owes a total of $119,092.61, which is also the total amount that the two mechanic's liens it filed against the homes built for the Mollohans and the Masons.

The plaintiff filed the mechanic's liens in January, within the 100 days of ceasing furnishing materials for the defendants, the suit states.

T.V.B. and Gregory, its owner, allegedly had initially agreed to pay the invoices before Builders First provided the materials and their subsequent refusal is a breach of contract.

T.V.B, Gregory, the Mollohans and the Masons were unjustly enriched at Builders First's expense, according to the suits.

Builders First is seeking damages in the total amount of $119,092.61 with pre- and post-judgment interest. It is represented by Patrick C. Timony and Joshua A. Lanham of Bowles Rice in Charleston.

Putnam Circuit Court case numbers 18-C-112, 18-C-113

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