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PITTSBURGH – Outstanding payments connected to a sub-contract agreement for the Penn Avenue Reconstruction project in Pittsburgh has landed two local entities in state court.
Strongstown’s B&K Enterprises, Inc. of Strongstown filed suit in the Allegheny County Court of Common Pleas on Jan. 12 versus Matcon Diamond, Inc. of Pittsburgh.
“On or about June 12, 2014, Matcon entered into a sub-contract with SBK for SBK to furnish all of the labor, materials, service, equipment, machinery, tools, scaffolding, storage, transportation and all other items proper and necessary in the prosecution of SBK’s agreed-upon work on the project referred to as the Penn Avenue Reconstruction, City of Pittsburgh,” the lawsuit states.
Though Matcon agreed to SBK for this work, the suit says SBK performed their duties but are still due to receive an outstanding amount of $14,237.08 – and that demands for payment of said amount have been met with neglect, failure and refusal.
For counts of breach of contract and violation of the Commonwealth Procurement Code (or in the alternative, violation of the Contractor and Sub-Contractor Payment Act and quantum meruit), the plaintiff is seeking damages of $14,237.08, plus interest at the maximum allowable rate, interest (of 1 percent per month), penalties and attorney’s fees, all costs incurred in pursuit of the within action, as well as any and all further relief as the Court deems just and equitable.
The plaintiff is represented by Danny P. Cerrone Jr. and Monica S. Walaan of Clark Hill, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-18-000448
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com