West Virginia Record

Wednesday, October 16, 2019

Pennsylvania company alleges it wasn't paid in full for materials used at Mitchell Power Plant project


By Carrie Bradon | Apr 16, 2019

MOUNDSVILLE – A Pennsylvania fence company alleges it is owed more than $65,000 for materials used for a project at Mitchell Power Plant.

Sharon Fence Co. filed a complaint in Marshall Circuit Court against Appalachian Power Co.; Wheeling Power Co., doing business as AEP Ohio; the estate of Michael S. Babcock, doing business as Babcock Fence Co., et al. alleging unjust enrichment and breach of contract.

The suit states AEP entered into a contract with Babcock to repair, erect, construct or improve fencing at the Mitchell Power Plant in Marshall County, and Babcock entered into a contract with the plaintiff for materials, equipment and supplies.

The plaintiff alleges the total price of the materials provided to Babcock was $100,508.04 and it received a partial payment of $35,000 in May 2018 from Babcock. It alleges it has not received further payment from AEP or Babcock.

The plaintiff is seeking $65,508.04, attorney fees and court costs. The plaintiff is represented by Holly S. Planinsic and Chad J. Shepherd of Herndon, Morton, Herndon & Yaeger in Wheeling.

The case has been assigned to Judge David W. Hummel Jr.

Marshall Circuit Court case number 19-C-37

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