Updated Tue, Dec 24, 2013 9:42 am
Spectrum Commercial Coatings, Inc., is asking the Athens County Common Pleas Court to order Quandel Construction Group to pay the company more than $100,000 in work done but not paid, according to a lawsuit filed Dec. 9.
The Westerville-based construction group, that has yet to respond to the lawsuit, was the
Spectrum entered into a subcontract agreement with Quandel for “painting services, labor, equipment and materials in connection with the site work and related work” for the building.
The painting company said the contract sum and time of completion were amended on several occasions because of change orders and “other changed conditions” in the project.
According to the lawsuit, Quandel owes Spectrum $123,670 in total, with more than $90,000 in base contract work unpaid, $10,000 in approved change order work unpaid and $20,000 in other money withheld by Quandel.
“...Quandel breached its contract by failing to pay (Spectrum) in full after (Spectrum) fully performed its contractual obligations,” attorney Thomas Rosenberg writes in the lawsuit.
The total cost of the project was $128,960, according to the contract.
The contract, which was included in the lawsuit, notes a “right to retain sufficient monies” clause which stipulates that Quandel is not obligated to pay the full amount to Spectrum if funds of the project are low enough that Quandel would have to pay out of their own monies rather than project funds.