The Times West Virginian

May 7, 2013

Lawsuit filed over Reserve Center

Construction company suing for $1 million in additional compensation

By Jessica Borders
Times West Virginian

FAIRMONT — TEDCO Construction Corp. is suing the West Virginia Army National Guard for additional compensation related to the construction of the Fairmont Armed Forces Reserve Center.

Jackson Kelly PLLC and Eckert Seamans Cherin & Mellott LLC are the attorneys representing TEDCO, out of Carnegie, Pa., which is the general contractor for the Armed Forces Reserve Center. On May 1, the West Virginia Court of Claims received TEDCO’s complaint against the West Virginia Army National Guard of being underpaid, and requesting an award of not less than $1 million plus interest to make up for the damages and provide relief.

According to the lawsuit, on June 1, 2010, TEDCO and the Army National Guard formalized a nearly $25.8 million contract to build the Fairmont Armed Forces Reserve Center in the Friendly City. Originally, the project was to be finished on Sept. 1, 2011, but the parties extended the date of completion to Jan. 31, 2013.

“TEDCO’s work has been performed in a good and workmanlike manner, in substantial conformance with all the terms and conditions of the contract,” the complaint states.

The total of the contract was modified to about $24.8 million. TEDCO has received around $21.7 billion for the project tasks done through Jan. 25, 2013, and claims that the Army National Guard still needs to pay approximately $1.6 million.


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