West Virginia Record

Friday, April 3, 2020

Software Computer Group suing company for breach of contract regarding software system


By Kyla Asbury | Mar 29, 2019


WINFIELD – A Putnam County-based software company is suing an environmental firm for allegedly failing to pay the remaining balance on its account for goods and services.

In its complaint filed in Putnam Magistrate Court and removed to Putnam Circuit Court, Software Computer Group said it contracted with Pinnacle Environmental Consultants to develop a laboratory software system, per their specifications. Software Computer Group is seeking the remaining unpaid invoice to be paid in full in the amount of $3.323.77.

In its answer and counterclaim, Pinnacle claims while it admits to contracting with Software Computer Group, it denies that it owes any sum to the company.

Software Computer Group failed to state a claim upon which relief may be granted and failed to allege conditions precedent necessary to the assertion of its claim, Pinnacle said in the answer. "Any losses sustained by the plaintiff is a result of its own actions or inactions, or the actions or inactions of others, not the defendant," the answer said.

Pinnacle claims it contracted with Software Computer Group in July 2017. It required Software Computer Group to provide a functional software system that conformed to Pinnacle's specifications and to provide beta testing, bug fixes and training of Pinnacle's staff on how to use the system.

However, Software Computer Group breached its contract with Pinnacle by failing to complete the project in the specified time frame and by failing to adhere to the specifications required by Pinnacle for the system. It also failed to provide support and testing.

"More than a year after the effective date of the agreement (Software Computer Group) still had not produced a functioning system, has locked Pinnacle out of the system and has prevented access for further testing and implementation," the answer states.

Pinnacle claims it made the first two installments on the computer system without receiving any corresponding benefit. It claims it met all conditions precedent to the filing of its counterclaim and has performed all of its duties and obligations owed under its contract with the computer company.

"By failing to provide a functioning system conforming to Pinnacle's requirements and specifications (Software Computer Group) has breached its implied warranties owed to Pinnacle," the answer states.

Pinnacle is seeking compensatory damages with pre-judgment interest. Johnson W. Gabhart of Johnstone & Gahart is representing Pinnacle.

Putnam Circuit Court Case No. 19-C-17

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Putnam Circuit Court