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Tuesday, October 15, 2019

Environmental business alleges Miller Chemical did not pay for services

By Annie Hunt | Feb 15, 2016

HARRISBURG — An environmental services and emergency response company is suing a Hanover chemical and fertilization business, alleging breach of contract and failing to pay for nearly $7 million in services.

Environmental Products & Services of Vermont Inc. (EPSVT) filed a lawsuit on Feb. 1 in the US District Court for the Middle District of Pennsylvania against Miller Chemical & Fertilizer of Pa., and Miller Chemical & Fertilization Corporation in Hanover, alleging breach of contract and unjust enrichment.

According to the complaint, EPSVT entered into a work quotation/authorization agreement with Miller on June 8, 2015, in response to a fire on the same day that resulted in a chemical release at the defendant’s facilities at 120 Radio Road, Hanover. The suit says Miller agreed to pay for all requested and necessary labor, equipment and materials for the initial response, as well as subsequent remediation, planning, excavation and disposition of contaminated soils/liquids/wastes, analysis, project management and traffic redirection.

The lawsuit states EPSVT issued invoices of more than $10.5 million, pursuant to the agreement, of which the defendant has failed to pay the amount more than $6.9 million, including finance charges as of Jan. 25. The plaintiff alleges the defendant failed to object to any invoices within the 30-day period as stated in the agreement stipulations. It says Miller has breached their contract and incurred subsequent damages to their company.

EPSVT seeks damages of $6,945,950.58, together with prejudgment interest, costs and a trial by jury. They are represented by attorneys Kimberly A. Selemba and Barbara A. Darkes of McNees Wallace & Nurick LLC, in Harrisburg and Daniel Berman and Whitney Kummerow of Hancock Estabrook in Syracuse, New York.

US District Court for the Middle District of Pennsylvania Case number 1:16-cv-00176-JEJ

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