Construction company sues contractor, schools for debts owed

Builder claims it is owed hundreds of thousands of dollars for products and services

Construction company sues contractor, schools for debts owed

Construction & Engineering

By Lyle Adriano

A company that supplied construction materials for five new schools in Horry County, South Carolina, has filed a number of lawsuits against the school district, the contractors and subcontractor involved in the projects, and their related insurance firms, alleging that it is owed payment for the products and services it rendered.

Capitol Materials of Savannah filed five separate suits – one for each of the new schools – and is demanding to be paid nearly $780,000, court documents say. The lawsuits were filed on September 13, 14, and 15. The company is also seeking interest and attorney fees, on top of recompense.

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The lawsuits have named the Horry County Schools district, contractor Firstfloor Energy Positive, Hester Drywall, Inc., Metcon, Inc., T.A. Loving Company, Selective Insurance Company of America, and Travelers Casualty and Surety Company of America as defendants.

Lisa Bourcier, the spokeswoman for the school district, declined to comment on the lawsuits.

“It is school policy not to provide any commentary on substantive matters relating to pending litigation,” she told WMBF News.

According to court documents, while Capitol provided labor, materials and equipment for the construction of the five schools, Hester did not pay the company, despite repeated requests.

The lawsuits also states that the school district and the contractor owe Hester for its part of the work.

Court records show that the insurance companies listed in the lawsuits issued bonds that named the subcontractor and contractors as principals.

Two of the three schools involved in the suits – Socastee Middle School and Myrtle Beach Middle School – remain under construction.

Firstfloor was awarded the contracts for all five schools, with the price tag of just over $240 million in November 2015. The contracts specified that all of the schools would be completed by May 01, but that deadline was not met. CEO Robbie Ferris stated that it was Hurricane Matthew that caused the delays in construction.


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