PHILADELPHIA – A construction contractor believes a Philadelphia entertainment venue and bowling alley, along with its controlling entities, have not paid the full costs for work performed at that location.
Freedom Enterprise, Inc. of Worcester filed suit in the Philadelphia County Court of Common Pleas on Oct. 9 versus Revolutions At Penn Treaty, LLC (c/o CT Corp. System), Frank Entertainment Companies, LLC, Frank Entertainment, Inc. and Frank Entertainment Group, LLC, all of Jupiter, Fla.
Freedom Enterprise entered into a contract with Revolutions, an entertainment venue and entity controlled by the Frank defendants, to provide labor, materials and equipment needed to construct six additional bowling lanes, at an initial cost of $234,590, the suit says.
When extra work was required, change orders were approved and the contact budget amount was increased to $250,452.90, the suit says. Freedom completed all of the work required by the contract, including the extra work, at the revised cost of $223,359.79, and did so in a good, workmanlike and timely manner, it says.
But despite repeated demand, Frank and Revolutions refused to pay the full amount owed Freedom, instead only contributing $142,938.96, the suit says.
“On May 31, 2017, Freedom filed a mechanic’s lien claim against the project property, which lien was subsequently served on Frank and Revolutions. After filing and serving the lien, Frank paid just $2,000, bringing the total paid to $142,938.96. The current unpaid principal balance due and owing to Freedom for work performed on the project is $80,420.83, exclusive of accrued interest, penalties, costs and attorney’s fees. Despite repeated demands, to date, Frank and Revolutions have failed and refused to pay the balance due and owing to Freedom,” the suit states.
For counts of breach of contract, unjust enrichment, quantum meruit and violation of the Statutory Prompt Pay Act, the plaintiff is seeking, jointly and severally, damages in the amount of $101,240.83, inclusive of the principal balance, pre-judgment interest, post-judgment interest, costs, attorney’s fees and such other 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 171001060
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com