PHILADELPHIA – A locally based crane rental company which provided work and equipment to a sub-contractor tasked with constructing cell phone towers in the tri-state area believes it is owed nearly $400,000 and has filed legal action to recover that amount.

Thackray Crane Rental, Inc. of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on June 20 versus Robert Foss Electric, LLC of Montgomeryville.

Thackray Crane Rental hired Foss as a subcontractor which provided certain services for a general contractor at various cell tower construction sites located in and around Pennsylvania, New Jersey, and Delaware (collectively, the “Projects”).

“During the course of the projects, Foss sought to rent, and Thackray provided on credit, certain labor and equipment for the purposes of completing Foss’s work on the projects. Specifically, Thackray provided labor in the way of operators for the equipment. For each requested rental, most if not all of which included labor, Thackray presented Foss with a document titled the ‘Thackray Daily Crane Rental Agreement’ (collectively, the “Thackray Agreements”). The equipment was rented and work performed pursuant to each of the Thackray Agreements, and Thackray then generated an invoice according to the terms in the Thackray Agreements,” the complaint says.

“To date, exclusive of costs of collection, attorneys’ fees, and interest at the contractually agreed-upon rate, the unpaid invoices total $390,150.14, as reflected on the Foss summary statement. Foss neither complained about the quality of the equipment or labor supplied to the projects, nor did Foss reject the same. Moreover, to date Foss has not objected to the invoices. Notwithstanding Thackray’s demand for payment, Foss has failed to pay the outstanding principal balance. To date, Foss owes Thackray interest at the contract rate of 18 percent per annum (which is subject to daily increase) and an un-liquidated amount of attorneys’ fees. Thackray has satisfied all conditions precedent to suit,” the complaint states.

For counts of breach of contract, violation of the Pennsylvania Contractor and Sub-Contractor Payment Act, quantum meruit and unjust enrichment and account stated, the plaintiff is seeking damages in an amount in excess of $50,000 (exclusive of interest and costs), plus contractual and statutory interest thereon, a statutory penalty, collection costs, court costs, attorneys’ fees, incidental damages, and such other relief as the Court may deem equitable and just in this matter.

The plaintiff is represented by Gaetano P. Piccirilli and Amanda J. Dougherty of Klehr Harrison Harvey Branzburg, in Philadelphia.

Philadelphia County Court of Common Pleas case 170602100

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

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Philadelphia County Court of Common Pleas

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