WHEELING — Dendi Inc. is suing Roxby Development claiming it owes more than $150,000 pursuant to a contract.
Dendi and Roxby entered into a SaaS Services Agreement on May 14, 2021, under which Dendi agreed to implement its platform for the defendant, provide technical support and provide other ancillary services, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
Dendi claims the agreement was renewed on May 31, 2022, and since then, fees have totaled $95,714.75.
"More than 30 days has passed since Defendant received each Past Invoice," the complaint states. "Defendant has not made any payment on any Past Invoice."
The defendant has stated to Dendi that it is unwilling to make the payments that are due on the past Invoices., according to the suit.
Dendi claims under the Complete Agreement, Dendi will be entitled to invoice the defendant $4,000 each month from April 2023 through May 2024 for services purchased under the agreement.
"These 14 invoices will give rise to a total of $56,000," the complaint states. "Defendant has stated to Dendi that it does not plan to make payments on the Future Invoices."
Dendi claims along with a complete cessation of payment, the defendant has ceased all communications regarding possible payment of past due or future invoices.
The defendant has made it clear through both its actions and prior communications that it is not willing to pay either the past due invoices or the 14 invoices that will inevitably accrue, according to the suit.
Dendi claims the defendant has breached its contract and caused the plaintiff to suffer damages.
"Defendant has made it clear through both its actions and prior communications that it is not willing to pay the 14 invoices that will inevitably accrue, generating a total of $56,000 in further unpaid invoices, plus 1.5% interest per month on any outstanding balance," the complaint states. "Defendant is in breach of the Complete Agreement and collectively owes Plaintiff $151,714.75, plus 1.5% interest per month on any outstanding balance."
Dendi is seeking damages in the amount of $151,714.75 with pre- and post-judgment interest. It is represented by Benjamin M. McFarland and Katie R. Herrmann of Steptoe & Johnson in Wheeling; and Edward F. Roche and Justin B. Lockett of Smith Anderson Blount Dorsett Mitchell & Jernigan in Raleigh, N.C.
U.S. District Court for the Northern District of West Virginia case number: 5:23-cv-00134