West Virginia Record

Tuesday, November 12, 2019

Timberock alleges defects in equipment it rented from Davis Timber caused project delays

State Court

By Carrie Bradon | Sep 27, 2019

Contract 04

CHARLESTON – A St. Albans company alleges equipment it rented from a Kanawha County business was not in good working order as outlined in the rental agreement.

Timberock LLC filed a complaint in Kanawha Circuit Court against Davis Timber LLC and Corey Davis alleging breach of warranty, breach of contract, fraud in the inducement, fraudulent concealment and other counts.

The suit states that the plaintiff entered into two written agreements on Jan. 25 with the defendants that were nearly identical for the rental of equipment with the option to purchase. The suit states that the plaintiff leased some equipment and was allowed to lease them from Jan. 25 to March 25 with the option to extend in one-month increments for logging operations in Kanawha County. 

The plaintiff alleges it was represented in the agreement that the equipment would be in good and working order but the equipment had several defects. The plaintiff alleges the poor condition of the equipment caused a delay in projects and loss of revenue in addition to it having to pay for repairs and loss of time.

The plaintiff is seeking all reasonable sums due, attorney's fees and court costs. The plaintiff is represented by John W. Alderman III of the Law Offices of John W. Alderman III in Charleston.

The case has been assigned to Judge Jennifer Bailey.

Kanawha Circuit Court case number 19-C-804

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Kanawha Circuit Court

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