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Thursday, November 7, 2024

Taylorbrooke Holdings sues contractor for failure to pay subcontractors

State Court
Construction 1200

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CHARLESTON — Taylorbrooke Holdings is suing Wolfe & Company Builders for failure to pay subcontractors.

Joshua Wolfe was also named as a defendant in the suit.

Taylorbrooke entered into a construction agreement with the defendants on March 20, 2019, for the construction of a building in Charleston, according to a complaint filed in Kanawha Circuit Court.

Wolfe submitted a final estimate to Taylorbrooke totaling $1,485,257.72 and the total deposit was $222,788.66, which would be credited back to the project at a rate of 15% off of each monthly billing, according to the suit.

Taylorbrooke claims it made two deposits in March and May 2019 each of $111,394.33 to pay the deposit. Over the next several months, Wolfe submitted invoices to Taylorbrooke for the project and the plaintiff paid the invoices.

On Aug. 26, 2019, American Building Systems left the job site and Wolfe represented to Taylorbrooke that the stoppage was due to ABS's supplying incorrect materials, but when Taylorbrooke spoke with ABS, the plaintiff discovered ABS left due to nonpayment by Wolfe, according to the suit.

In November 2019, Taylorbrooke was notified of at least four liens totaling more than $200,000 from subcontractors who were never paid by the defendants, according to the suit.

The plaintiff claims it also received notice of outstanding invoices from three subcontractors that Wolfe didn't pay.

Taylorbrooke claims to date, Wolfe is still in possession of $100,715.41 that remains uncredited to the project and should be returned to the plaintiff.

Taylorbrooke is seeking compensatory damages of $2,199,372.19 and punitive damages. It is represented by Andrew C. Shaffer of Shaffer Law in Charleston.

The case is assigned to Circuit Judge Maryclaire Akers.

Kanawha Circuit Court case number: 23-C-786

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