Building supplier sues contractor alleging nonpayment

By Jenie Mallari-Torres | Feb 18, 2019

CHARLESTON — A building supply firm is suing a West Virginia company, citing alleged breach of personal guaranty and unjust enrichment.

American Builders & Contractors Supply Company Inc. d/b/a ABC Supply Co. Inc. filed a complaint in Kanawha Circuit Court against PPG Contracting LLC and Brandi L. Tulloh a/k/a Brandi L. Perry, alleging that they breached their duty to provide payment for goods and services retained.

According to the complaint, the plaintiff alleges that it has suffered monetary damages of $11,963.33 plus accruing interest as a result of the malicious conduct of the defendants in failing to provide payment for goods/services ordered and properly received. 

The plaintiff holds PPG Contracting LLC and Brandi L. Tulloh a/k/a Brandi L. Perry responsible because they allegedly failed to submit payments due and owing, and received and retained the benefit of the plaintiff's goods and services without paying.

The plaintiff requests a trial by jury and seeks judgment against the defendants for damages of $11,963.33, plus accrued interest of $1,248.29, accruing interest and all other proper relief deem just. It is represented by James P. Tomaik of Reisenfeld & Associates LLC in Cincinnati.

Kanawha Circuit Court Case number 18-C-1545

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