CHARLESTON — Hagy's Irish Pie Pub is suing Stay Safe Security alleging breach of contract.
Hector Lizarraga and Glynda Bowling were also named as defendants in the suit.
Hagy's and Linda Matheny entered into an agreement with the defendants on Aug. 12, 2019, whereby the defendants would serve as contractors for the construction and renovation of property on Quarrier Street in Charleston and the plaintiffs paid $5,000, according to a complaint filed in Kanawha Circuit Court.
The defendants agreed to serve as the contractors on the project and perform the necessary renovations and had a duty to perform the work in a professional and workmanlike manner, according to the suit.
The plaintiffs claim they paid a total of $45,444.30 for the work from Aug. 12, 2019, through Jan. 27, 2021, however, the defendants failed to perform work and buy materials paid for by the plaintiffs and abandoned the project.
Prior to abandoning the project, the plaintiffs unlawfully removed an HVAC unit from the premises worth approximately $3,700 and unlawfully removed wooden beams from the premises worth approximately $1,000, according to the suit.
The plaintiffs claim the defendants failed to obtain the proper licenses and permits from the city to perform the work, which caused the plaintiffs to be required to "tear out" work performed by the defendants and re-do the work with a contractor who had secured the proper permits.
The defendants breached their contract with the plaintiffs and caused the plaintiffs to incur more than $50,000 in damages overall, according to the suit. They claim the defendants violated their duty of care ad were negligent.
The plaintiffs are seeking compensatory damages in the amount of $50,143.70 with interest. They are represented by Ben Salango of Salango Law in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 22-C-134
