PHILADELPHIA – A commercial construction equipment rental company is pursuing legal action against a home remodeling business and its principal officer for breach of contract and other charges.
Sunbelt Rentals, Inc. of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Oct. 23 versus Lyk-Nu, LLC and Charles Stipetich, both of Pittsburgh.
On or about Oct. 7, 2016, the parties entered into an agreement for an equipment rental with Sunbelt, with Stipetich acting as the personal guarantor for the credit line extended to Lyk-Nu.
According to the suit, the plaintiff then rented various commercial equipment to the defendants, including but not limited to: A gas cold water pressure washer; a 500-gallon water trailer with pump; a diesel air compressor; a post hole auger; an electric scissor, a track skidsteer cab; a direct fire heater with propane cylinder; an manlift with jib; a towable concrete mixer; an auger attachment; a wide single axle trailer; a mini excavator; a high volume fan; a compact excavator bucket; a video pipe camera with 200-foot cable, and a scissorlift.
“The agreement between the parties provides for late fees in the event payments are not timely received. As of May 24, 2017, defendants owed plaintiff a total of $29,759.72. Plaintiff has received a payment of $5,000, leaving a remaining balance of $24,759.72. Despite repeated demands, defendants have refused to pay the outstanding balance on the account, which is due and owing to plaintiff,” the suit explains.
For counts of breach of contract, account stated, conversion and unjust enrichment, the plaintiff is seeking damages of $24,759.72, plus interest, counsel fees, taxed costs of suit and such other necessary and appropriate relief as the Court may deem just and proper.
The plaintiff is represented by Brandon G. Johnson of Gerstein Grayson Cohen & Melletz, in Mount Laurel, N.J.
Philadelphia County Court of Common Pleas case 171002919
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com