HVAC company charges Atlanta power cable manufacturer with breach of contract, owed fees in excess of $30K

By Nicholas Malfitano | Jun 27, 2017

PHILADELPHIA – A local HVAC company has brought legal action an Atlanta-based manufacturer and producer of power cables, claiming it committed breach of contract by defaulting on payments for work it received earlier this year at a facility in Hatboro.

Edward B. O’Reilly & Associates, Inc. of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on June 14 versus EIS, Inc. (doing business as Cobra Wire & Cable) of Atlanta, Ga.

“Recently, EIS/Cobra requested that O’Reilly Associates provide pricing to supply and install 10 replacement heaters in a warehouse located at 2930 Turnpike Drive, Hatboro and O’Reilly Associates provided a written proposal. EIS/Cobra accepted the proposal by executing it where requested, forming a binding contract. All work required by the contract was performed in a good, workmanlike and timely manner, having been completed on or about March 3, 2017. O’Reilly Associates invoiced the amount due under the contract, but to date, EIS/Cobra has failed and refused to pay the amount due. All conditions precedent to O’Reilly Associates’ right to full payment have occurred or been otherwise satisfied,” the suit says.

Taking into account the 1 percent monthly interest and penalty rate set through the Contractor & Subcontractor Payment Act (which totals $297 per month), the plaintiff believes the defendant owes it the following amounts for the following purposes:

$29,700.00 – Contract Balance

$891.00 – Interest

$891.00 – Statutory Penalties

$500.00 – Attorney Fees

$31,982.00 – Total Due

For counts of breach of contract, conversion, violation of Pennsylvania’s Contractor & Subcontractor Payment Act, or in the alternative, unjust enrichment and quantum meruit, the plaintiff is seeking damages, jointly and severally, in the amount of $31,982.00 as of July 3 of this year, plus continuing pre-judgment interest and continuing penalties in an amount to be determined by the evidence, post-judgment interest, attorney’s fees and costs, and other such relief as the Court deems just and equitable.

The plaintiff is represented by Travis L. Kreiser of Kreiser & Associates, in Havertown.

Philadelphia County Court of Common Pleas case 170601519

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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