CHARLESTON — West Virginia Paving is suing the West Virginia Parkways Authority alleging it improperly assessed damages.
West Virginia Paving bid and was awarded five projects from 2016 until 2019 and performed those projects for the defendant, according to a complaint filed in Kanawha Circuit Court.
Three of the projects were considered heavy overlay paving projects and the other two were "mill and fill" projects, according to the suit.
West Virginia Paving claims due to various delays, some of the projects were completed after the completion dates specified in the contractor's proposals.
"Parkways has wrongfully assessed liquidated damages pursuant to Section 108.7.1 of the WVDOH Specifications in the amount of $1,562,748.15 and is withholding an equivalent amount from the payments that are due and payable to WV Paving," the complaint states.
The amount of liquidated damages was wrongfully assessed, according to the suit.
West Virginia Paving claims Parkways incorrectly calculated the number of days and improperly assessed liquidated damages for an extra 310 days for the projects.
The defendant also used the incorrect daily rates and the daily charge rates for liquidated damages posted to the Division of Highways website, according to the suit
"The work performed by WV Paving has been accepted, placed ins service and enjoyed by Parkways," the complaint states. "Parkways has been unjustly enriched at the expense of WV Paving for which WV Paving now demands judgment as set forth below."
West Virginia Paving is seeking damages in the amount of $1,562,748.15 for the liquidated damages wrongfully assessed and withheld and $160,122.48 for the amounts due for the missing quantities, plus pre- and post-judgment interest. It is represented by Norman T. Daniels and Thomas E.G. Spears of Daniels Law Firm in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 21-C-620
