West Virginia Record

Monday, December 9, 2019

Boston roofer alleges another roofing business owes more than $7,400


By Noddy A. Fernandez | Sep 20, 2018

Late 03

CHARLESTON — A Boston roofing company is suing a West Virginia roofer business, alleging it owes more than $7,400 for breach of contract.

Beacon Sales Acquisition Inc., doing business as Beacon Roofing, filed a complaint in Kanawha Circuit Court against Elite Roofing LLC, formerly known as Elite Installation, and James Morris, alleging the defendants breached a contract by failing to comply in accordance with the terms and conditions as agreed upon.

According to the complaint, on Aug. 22, 2017, Beacon Roofing received a credit application from Elite Roofing seeking to establish or maintain the ability to purchase goods and materials on credit. The suit says the plaintiffs made Morris personal guarantor wherein he agreed to personally guaranty the debt that would become due and payable by the corporate defendant. 

However, Beacon Roofing says, despite performing its obligation as per the contract, the defendants, despite accepting the goods, have not paid the full amount of $7,423.15. 

The plaintiff alleges Elite Roofing has received, accepted and retained the benefit of the goods without paying fair compensation and Morris, the guarantor, has failed or refused to pay the same amount as promised.

Beacon Roofing seeks trial by jury, judgment against Morris for $7,423.15, plus the continually accruing interest charge at the agreed rate of 7 percent per annum form Jan. 31, attorney fees of $1,813.33, costs of suit, and all other just relief. It is represented by attorney John R. Keating of Amato Keating and Lessa, PC in Bethlehem, Pennsylvania.

Kanawha Circuit Court case number 18-C-958

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Amato Keating & Lessa PCKanawha Circuit Court

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