HARRISBURG — A Mechanicsburg construction company is suing the maker of a trencher alleging that the machine was defective and sold as new when it was not. 

The Fehlinger Construction Group, LLC filed suit on Sept. 14 against Tesmec USA, Inc. in the U.S. District Court of the Middle District of Pennsylvania, alleging breach of contract, fraud and negligent misrepresentation.

The plaintiff alleges that Fehlinger purchased a Tesmec trencher in 2013 for more than $1.1 million that was sold as new, but arrived with numerous missing, loose, broken or defective parts. In addition, the machine was allegedly constantly in disrepair and malfunctioning.

Fehlinger alleges that it later found out that the trencher was in fact not new as promised by Tesmec, but the company refused to take the machine back and refund the construction company's money. 

The plaintiff is seeking a full refund for the cost of the trencher, plus restitution for lost production and other damages as a result of chronic work delays. The plaintiff is represented by Mark E. Gebauer of Eckert Seamans Cherin & Mellott in Harrisburg.

U.S. District Court of the Middle District of Pennsylvania Case number 15-cv-01791

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