CHARLESTON — Alpha Technologies is suing Pulmonary Associates of Charleston alleging breach of contract.
PAC negotiated for and entered into various information technology agreements with Alpha and engaged Alpha to perform services including providing operating systems, networking and providing contract labor server support, according to a complaint filed in Kanawha Circuit Court.
Alpha began providing security services to PAC in March 2019. In September 2021, Alpha and PAC entered into a new agreement that concluded all services under the previous agreements and set the terms for Alpha's provision of services to PAC for the transition period.
After the transition period, there was a change in services provided and a difference in the monthly charges between the 2018 agreements and the 2021 agreements and Alpha fulfilled all of its obligations by providing the services outlined in the agreements, according to the suit.
"Upon information and belief, PAC referenced and provided then current charges for Alpha's Security Services as part of a claim for potential damages in the Greenway Lawsuit," the complaint states. "PAC has failed to remit payments for certain invoices from Alpha under the 201 Agreements, the 2021 Agreement or individually invoiced items, but has retained the benefit of the services and products provided by Alpha in the amount of ($16,913.35)."
Alpha claims PAC also failed to remit payment for other services as well in the amount of $3,520,720.
The defendant breached its contract with the plaintiff, according to the suit.
Alpha is seeking compensatory damages. It is being represented by Ramonda C. Marling and Valerie H. Raupp of Lewis Glasser in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-398