PITTSBURGH – A Turtle Creek-based wall panel manufacturer has settled its litigation with a Maryland construction company, connected to a project at the United States Holocaust Memorial Museum, in Washington, D.C.
On April 5, a stipulation of dismissal was mutually filed by all parties concerned that the matter between TAKTL, LLC and PCC Construction Components, Inc. had been settled, all claims and causes of action were dismissed with prejudice and each party was to bear its own costs and attorney’s fees.
TAKTL, LLC of Turtle Creek initially filed suit in the Allegheny Court of Common Pleas on Dec. 12, 2017 versus PCC Construction Components, Inc., of Gaithersburg, Md.
On or before Aug. 4, 2015, TAKTL was asked by PCC to quote certain material including high performance concrete panels for its project at the United States Holocaust Memorial Museum, to which TAKTL replied with an order for the purchase of high performance concrete panels on Aug. 28 of that same year, at a price of $763,750.50, the suit said.
Per the lawsuit, on Oct. 5, the total contract price increased to $1,003,202.40 through a series of change orders. PCC then received and duly accepted the goods and materials in question, which were within published and industry tolerances.
“In addition to paying an initial deposit of $360,000, defendant PCC paid $320,878.22 against invoices during the course of the contract’s performance. As of Oct. 1, 2017, plaintiff TAKTL had fulfilled its contractual obligations under the parties’ contract, but defendant PCC has failed to pay the outstanding balance of $322,324.18, notwithstanding its obligation to pay within 30 days of invoice in accordance with the terms and conditions of the parties’ contract,” the suit stated.
Despite repeated demands, PCC supposedly “willfully failed and refused” to pay the aforesaid balance of $322,324.18, plus interest to plaintiff TAKTL for said goods.
In January 2018, the matter was removed to federal court in the U.S. District Court for the Western District of Pennsylvania, before being settled this past spring.
For breach of contract, the plaintiff is seeking damages of $322,324.18 plus continuing interest on that principal balance at a rate of six percent per year together with costs.
The plaintiff was represented by Arthur H. Stroyd Jr. of Del Sole Cavanaugh Stroyd, in Pittsburgh.
The defendant was represented by Jeffrey R. Lalama of Feldstein Grinberg Lang & McKee, also in Pittsburgh, plus Don Spence of Spence & Becker in Gaithersburg, Md.
U.S. District Court for the Western District of Pennsylvania case 2:18-cv-00022
Allegheny County Court of Common Pleas case GD-17-016981
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com