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Wednesday, April 24, 2024

Construction company sues AEP for breach of contract

State Court
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CHARLESTON — C.W. Wright Construction Company sued American Electric Power Service Corporation for breach of contract.

C.W. Wright had a contract with AEP beginning in October 2016 in which C.W. Wright would perform work for AEP upon request, according to a complaint filed in Kanawha Circuit Court.

C.W. Wright claims AEP had to issue work authorizations under the contract and C.W. Wright performed all of its work in accordance with the contract documents and work authorizations.

The plaintiff submitted a proposal on May 11, 2018, for work on AEP's Chesterfield to Bullitt project and AEP issued a work authorization for the project the following month, so C.W. Wright then began working on the project, according to the suit.

C.W. Wright claims while working on the project, it timely submitted invoices to AEP, but AEP rejected the invoices for October 2018 and November 2018.

AEP then requested that the plaintiff resubmit the invoices in January 2019 due to budgeting and accounting for the project, so C.W. Wright waited and resubmitted the invoices then, according to the suit.

C.W. Wright claims on Jan. 24, 2019, it was informed that work was being stopped on the project until further notice due to safety concerns and C.W. Wright was then terminated from the project.

AEP failed to pay the money due and owing to C.W. Wright after termination and currently owes more than $3 million for work C.W. Wright performed on the project, according to the suit.

C.W. Wright claims AEP breached the terms of the contract by failing and refusing to pay the money owed.

The plaintiff also alleges in the complaint that AEP was unjustly enriched at C.W. Wright's expense.

"AEP was particularly aware of the work performed and materials provided by C.W. Wright, and AEP knew that C.W. Wright expected to be paid when the services and materials were received from C.W. Wright and accepted by AEP and its agents and/or representatives," the complaint states.

C.W. Wright is seeking judgment in the amount of $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 is assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court Case number: 19-C-1117

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