PITTSBURGH – A façade and wall panel manufacturer is seeking nearly $30,000 in unpaid funds from a New York-based glass block supplier, in regards to a construction project at Colgate University.
TAKTL, LLC of Turtle Creek filed suit in the Allegheny Court of Common Pleas on Dec. 6 versus Ajay Glass & Mirror Co., Inc., of Canandaigua, N.Y.
On or before April 10, 2015, TAKTL was asked by Ajay to quote certain material including fiber cement panels for its project at the Colgate University New Athletic Facility, to which Ajay responded with an order for the purchase of certain materials per a Materials Requisition Form on June 8 of that same year, at a price of $580,086, the suit says.
According to the lawsuit, sometime after that, the parties agreed to certain change orders increasing the contract price to a “fair and reasonable” one of $615,093.69. Ajay then received and duly accepted the aforementioned goods and materials, which were in good and merchantable condition and within published and industry tolerances.
“Because defendant Ajay returned certain crates that were used to transport the panels and did not need certain hardware that had been ordered, the balance that it owed to plaintiff TAKTL was reduced by $14,700 ($8,850 + $6,150). As of Sept. 1, 2016, plaintiff TAKTL had fulfilled its contractual obligations under the parties’ contract, but defendant Ajay has failed to pay the outstanding balance of $29,964.09 notwithstanding its obligation to pay within 30 days of invoice,” the suit claims.
Despite repeated demands, Ajay has allegedly “willfully failed and refused” to pay the aforesaid balance of $29,964.09, plus interest to plaintiff TAKTL for said goods.
For breach of contract, the plaintiff is seeking damages of $29,964.09, plus continuing interest on that principal balance at a rate of six percent per year together with costs.
The plaintiff is represented by Arthur H. Stroyd Jr. of Del Sole Cavanaugh Stroyd, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-17-016678
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com