CHARLESTON – C.W. Wright Construction Co. is suing American Electric Power Service Corp. alleging it failed to pay for work performed and material provided.
C.W. Wright claims it entered into a contract with AEP on Oct. 3, 2016, to perform certain work for a transmission station and line construction projects, according to a complaint filed in Kanawha Circuit Court.
The contract allowed AEP or its subsidiary and affiliate companies to issue work authorizations for work performed by C.W. Wright under the contract and several were issued while C.W. Wright worked on the project, according to the suit.
C.W. Wright claims it timely performed all work required of it under the contract, work authorizations and any change orders in a good and workmanlike manner and in accordance with the contract documents and all pertinent plans and specifications. It also alleges it timely paid all subcontractors and suppliers and no claims or issues arose between C.W. Wright and AEP, however, AEP rejected invoices for work performed in October 2018 and November 2018.
AEP requested that C.W. Wright resubmit the invoices in January to assist with AEP's budgeting and/or accounting on the project and, in an effort to cooperate, C.W. Wright did that, but it still has not been paid for the invoices nearly one year later, according to the suit.
C.W. Wright claims AEP terminated C.W. Wright from the project on Jan. 30.
"Despite numerous good faith attempts by C.W. Wright to collect the sums which it is properly due and owed under the contract, AEP has repeatedly failed and refused to tender payment for the sums properly due and owed C.W. Wright," the complaint states.
C.W. Wright claims it is owed more than $3 million and that AEP has breached its contract and was unjustly enriched at its expense.
C.W. Wright is seeking more than $3 million with pre- and post-judgment interest. It is represented by Norm Daniels and Wesley V. Queen of Daniels Law Firm in Charleston.
The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 19-C-1117