Extensions for responses given in BOE lawsuit

Published 2:01 pm Tuesday, August 26, 2014

CHESAPEAKE — Extensions have been given to both defendants in the civil lawsuit between a subcontractor and the main contractor and the Chesapeake Board of Education.

On June 20, Now Service Pro’s LLC filed a lawsuit against the Chesapeake Union Exempted School district and J&H Reinforcing and Structural Erectors of Portsmouth. J&H was the lead contractor on the project to build the athletic complex at the Chesapeake high school about a year ago.

The suit claims that on Sept. 28, 2012, J&H Reinforcing contracted with Now Service to supply work and materials for part of the athletic complex’s HVAC plumbing.

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Now Service claims it is owed $67,275.24, plus interest for its work and that the Chesapeake district has withheld that sum from its payment to J&H Reinforcing.

“Plaintiff fully complied with the terms of its contract with defendant, J&H Reinforcing and Structural Erectors, and is entitled to immediate payment,” the suit claims.

In filings with Lawrence County Common Pleas Court the Chesapeake district was given an extension to respond to the plaintiff’s complaint until Wednesday. J&H Reinforcing was given a deadline of Saturday.

According to Steve Friedman, attorney for the Chesapeake schools, the school district must withhold payment to J&H until it and the subcontractor resolve their dispute.

“We have the funds, a little shy of $70,000, owing to the contractor, Friedman said in a phone interview at the Cleveland office of Squire Sanders. “We hold that until there is a resolution. We hope the contractor and subcontractor can reach an agreement. Then we can release the funds as they instruct us.”

Now Service is represented by Richard Bentley of Wolfe & Bentley of Ironton. Stanley Bender of Portsmouth is representing J&H Reinforcing.