Pennsylvania Record

Friday, July 19, 2019

Vet hospital and property owner are required to pay New Jersey construction company $134K, suit claims

By Nicholas Malfitano | Aug 21, 2017

MEDIA – According to a New Jersey construction firm, a property owner and veterinary hospital owe it more than $134,000, due to those entities breaching its contract and being liable for a mechanic’s lien, related to construction projects in Newtown Square.

Beacon Construction Services, Inc. of Gibbsboro, N.J. filed suit in the Delaware County Court of Common Pleas on July 26 versus Newtown Square Veterinary Hospital (the tenant defendant) and Chapel Newtown Square L.P. (the owner defendant), both of Newtown Square.

On June 9, 2016 and Sept. 30, 2016, Beacon entered into contracts with both the tenant and owner defendants for work related to the aforementioned construction projects.

Under the Veterinary Interior Fit-Out Contract, Beacon performed demolition work, new wall construction, plumbing, electric, HVAC, paint, flooring, ceilings and cabinetry work, as agreed to with the tenant defendant. This contract was initially valued at $151,600 and which increased to $277,607 through 10 change orders and a certificate of occupancy fee of $175.

Under the Storefront Replacement Contract, Beacon provided labor, materials and installation of two storefront commercial doors, one storefront window and electrical service work as required by electrical inspection agency, inclusive of new meters and a new electrical service closet.

Beacon completed all work required under both agreements on Dec. 2, 2016. Based on the invoices submitted and payments to date, a total of $134,764.25, plus interest, is past due and owed to Beacon – payments which Beacon says it repeatedly sought from the defendants.

Beacon alleges it is owed $113,014.25 from the Veterinary Interior Fit-Out Contract and $21,750 from the Storefront Replacement Contract, for a grand total of $134,764.25.

Due to the defendants’ alleged failure to pay, Beacon filed a mechanic’s lien against them on May 11 and served the claim for it to the defendants on May 24.

For individual counts of breach of contract against both the tenant and owner defendants plus separate enforcement of the mechanic’s lien, the plaintiff is seeking damages of $134,764.25, plus interest, costs and such further relief that the Court deems appropriate in this matter.

The plaintiff is represented by Jeffrey A. Cohen and Joanne K. Kernicky of Flaster Greenberg, in Philadelphia.

Delaware County Court of Common Pleas case 2017-006661

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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Delaware County Court of Common Pleas