WAYNE — Miller Recreational Cabins denied allegations against it in a breach of contract claim and is seeking to have the lawsuit dismissed.
The lawsuit was filed against Miller Recreations Cabins and Sammy Miller in Wayne Circuit Court last fall.
In its answer and counterclaim filed last month in Wayne Circuit Court, Miller Recreational Cabins argues that Miller should be dismissed because, in the written agreement with the plaintiffs, he is not named in the contract.
The defendants argue that the plaintiffs have failed to mitigate their alleged damages and have failed to plead the claims with particularity as required by state code.
In their counterclaim, the defendants argue that there were several delays that were attributable to the plaintiffs and that they requested a number of changes to various things. They contend that the plaintiffs still owe $17,008 under the agreement.
Timothy Pennington and Melanie Pennington hired Miller Recreational Cabins to build a home on their property, according to a complaint filed in Wayne Circuit Court.
The Penningtons claim the project was supposed to begin in January 2019 but did not until March 2019. Over the next several months, the defendants continued construction on the home and the plaintiffs paid in three installments — $30,000 in April 2019, $30,000 in May 2019 and $15,000 in September 2020.
As of the last installment payment, there was still a substantial amount of work to be done for the defendants to fulfill their obligations under the contract. Since that payment, limited work was done and the job has still not been completed as of September 2021.
Neither Miller, nor any other employee for the defendant has been to the job site since February 2021, according to the suit.
The plaintiffs claim the defendants have not fulfilled their obligations under the contract and are in breach of the contract.
The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are represented by Juston H. Moore of Juston H. Moore PLLC in Wayne.
The defendants are represented by Matthew L. Ward of Dinsmore & Shohl in Huntington.
Wayne Circuit Court case number: 21-C-77