MOUNDSVILLE — A Moundsville property owner is suing a demolition business, alleging breach of contract and unjust enrichment.
David Bledsoe filed a complaint in Marshall Circuit Court against Nick Masciarelli, doing business as The Demolition Man, alleging the defendant did not utilize the payment received for labor as agreed in the contract but, instead, converted it to his own personal use.
According to the complaint, on Jan. 10, Bledsoe entered into an "agreement" and contract with The Demolition Man whereby the defendant agreed to perform work, specifically demolition, debris removal and fill to grade at Bledsoe's business property, 1007 Thompson Ave., Moundsvillle.
In exchang for the work, Bledsoe says he paid the defendant a $5,000 advance but alleges the money was not used for materials and labor but toward Masciarelli's own personal benefits or use.
The plaintiff alleges The Demolition Man failed to commence work as detailed in the agreement, failed and refused to restore and/or return the deposit monies and failed to provide the labor, tools, materials and services as specifically contracted for in the agreement.
Bledsoe seeks trial by jury, reimbursement of the $5,000 advance, compensatory and punitive damages, costs, expenses incurred, including attorney fees, and all other just relief. He is represented by attorney C. Richard Wilson of Wilson Law Offices in Moundsville.
Marshall Circuit Court case number 18-C-117