A case brought against the Greenbrier Hotel Corporation by a contractor was brought to resolution in the Greenbrier County Circuit Court on Tuesday, October 15, under Judge Robert Richardson.
According to the initial complaint filed in August 2018, Greenbrier Hotel Corporation and Winterberry Irrigation LLC, a Connecticut-based company, entered into several contracts “whereby the Greenbrier retained Winterberry’s services to perform a variety of construction work on the Greenbrier golf courses including, but not limited to, repairing and improving irrigation systems and installing water features on [Greenbrier’s] golf courses.”
Despite Winterberry completing the work and “repeated demands by Winterberry, the Greenbrier failed to pay in full amounts properly invoiced for work performed under said contracts. As of February 28, 2018, the Greenbrier owed a principal amount of $58,632.19 for work performed.”
The complaint charges one count of breach of contract and a request for enforcement of a mechanic’s lien, which was later granted and filed in February 2018. After the filing, Greenbrier began to making monthly payments of $3,000, reducing the principal due to $22,632.19 by the Tuesday hearing.
In March 2019, Greenbrier responded to the suit, submitting a 20-point defense and admitting “Winterberry provided service to Greenbrier. However, Greenbrier denies there were written contracts. Greenbrier admits Winterberry performed services.”
However, in a document filed soon after, Winterberry’s lawyers asked Greenbrier employees for their answers to several questions. The answers and “expected testimony” of the employees confirmed both the work and the “contractual relationship” between the companies and that one employee’s “records will show that the [Greenbrier] has made a total of 12 payments, … which was reduced the principal amount due.”
Because of this, a memorandum in support of plaintiff’s motion for summery judgment was filed, noting the payments and Greenbrier’s acknowledgment “that it still owes a principal amount of $22,632.19.” Because of this, “in this case, … there is no genuine issue as to any material fact relating to the amount due …. Therefore, … summary judgment is proper as matter of law.”
Attorneys on behalf of Winterberry requested prejudgement interest on the remaining principal back dated to the date of the invoice.
“It would appear that there is not any material issue of fact in dispute in this case,” said Richardson.
Richardson granted the request for summary judgment, including the remaining principle to be paid, prejudgement interest, and imposing court costs on the Greenbrier Hotel Corporation.
Read more in the Monday, October 21, 2019, edition of The West Virginia Daily News.
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