West Virginia Record

Wednesday, April 8, 2020

Contractors allege contract breach, seek more than $700,000


By Jenie Mallari-Torres | Feb 27, 2019

Law money 05

POINT PLEASANT — A group of contractors is suing a Mason County property owner, citing alleged breach of contract, fraud and unjust enrichment.

HPB Properties LLC, Ground Resources LLC, David W. Heeter, D. Steve Bowers and Shiela Coe filed a complaint against Gary J. Peck, Peckfest LLC, Farmers Bank and Savings Company and the Ohio Valley Bank Company in Mason Circuit Court, alleging that the owners of the property failed to pay contractors for labor and services received.

According to the lawsuit, the plaintiffs seek to enforce mechanics liens on a real property and business enterprise owned by Peck and located in Mason County, which received the benefits of the plaintiffs' extensive work, labor, assistance, supplies, equipment and improvements, amounting to $711,293.86, which remains unpaid. 

The plaintiffs hold the defendants responsible because they allegedly failed and/or refused to provide payment for labor and services received, and forced the plaintiffs to retain legal counsel to protect their interest.

The plaintiffs request a trial by jury and seek judgment that enforces mechanics liens of $711,293.86 plus interest accrued, litigation costs and other relief deemed equitable. They are represented by James Cagle in Charleston.

Mason Circuit Court Case number 19-C-3

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Mason Circuit Court