CHARLESTON — West Virginia Paving Inc. is suing McConnell Excavating claiming it owes more than $150,000 for work performed.
McConnell subcontracted West Virginia Paving to provide manpower, materials, tool, equipment, supervision and services for paving work on Jan. 7, 2020, according to a complaint filed in Kanawha Circuit Court.
West Virginia Paving claims additional work was required in July and August, the plaintiff performed all the work for which it was contractually obligated in a workmanlike manner.
However, the defendant failed to pay the plaintiff in full for all sums due and owing under the contract, according to the suit.
West Virginia Paving claims under one contract, the defendant owes $104,337.22 and under a second, the defendant owes $53,023.25.
The plaintiff was subcontracted for heavy and light-duty paving, fine grading and asphalt striping, according to the suit.
West Virginia Paving claims change orders were filed on July 27, 2020, and Aug. 25, 2020, for the additional work that was required under the subcontracts.
"Plaintiff performed all work for which it was contractually obligated to perform under the Sub-Contract, Change Order 1 and Change Order 2 in a good and workmanlike manner," the complaint states.
West Virginia Paving claims the defendant breached its contract.
West Virginia Paving is seeking compensatory damages. It is represented by Norman T. Daniels Jr. and Christopher J. Sears of Daniels Law Firm in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-396