Oil and gas producer alleges contractor breached contract

By Philip Gonzales | Mar 7, 2019

CHARLESTON — An independent oil and gas producer is suing a contractor, citing alleged breach of contract and breach of duty.

Cunningham Energy LLC filed a complaint in Kanawha Circuit Court against Asphalt Contractors & Site Work Inc. alleging that it breached its duty to complete work in accordance with the agreement.

According to the complaint, Cunningham Energy alleges that on Aug. 24, 2018, it contracted the defendant to construct a road to be used for construction, operations and maintenance of infrastructure for Cunningham Energy's oil and natural gas production for $101,500. As a result of the defendant's breaches, the plaintiff suffered injuries equal to the amount it paid to the defendant and all other damages in the form of delays and other related costs and expenses. 

The plaintiff holds Asphalt Contractors & Site Work Inc. responsible because it allegedly failed to place asphalt milling in accordance with the agreement; failed to properly contour the ditches, roadways and pad areas; and failed to complete work within the time frame.

The plaintiff requests a trial by jury and seeks judgment against the defendant in the amount of $101,500, plus costs, expenses, interest and such other just and proper relief. It is represented by Mychal S. Schultz and Jennifer J. Hicks of Babst Calland PC in Charleston.

Kanawha Circuit Court Case number 19-C-62

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Babst Calland PC Kanawha Circuit Court

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