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HomeMy WebLinkAbout02-4765SGS CONSTRUCTION, INC., Plaintiff KUX GRAPHIC SYSTEMS Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :NO. : YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without fm~er notice for any money claimed in the Complaint or any other claim for relief requested by the Plaintiff. You may lose money or property or other right important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SGS CONSTRUCTION, INC., Plaintiff KUX GRAPHIC SYSTEMS Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. COMPLAINT AND NOW comes the Plaintiff, SGS Construction, Inc., which, by and through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint and avers as follows: 1. Plaintiff is SGS Construction, Inc. ("SGS Construction"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a business address ofg01 Rump Avenue, Camp Hill, Pennsylvania 17011. 2. Defendant is Kux Graphic Systems ("Kux Graphic"), a business located in Michigan with an address of 12675 Burt Road, Detroit, Michigan 48223. After checking with the Pennsylvania Department of State, Corporation Bureau, it appears that Kux Graphic is neither a corporation registered in Pennsylvania nor a registered fictitious name. COUNT I - BREACH OF CONTRACT 3. During the Spring of 2001, Kux Graphic contacted SGS Construction about the possibility of SGS Construction performing some work on a Sheetz convenience store. In November, 2001, Kux Graphic and SGS Construction entered into an oral contract in which SGS Construction agreed to install aluminum composite material around a Sheetz convenience store located in Maryland ("Project"). The parties met in Pennsylvania and entered into an oral contract. 4. Pursuant to the terms of the oral contract, Kux Graphic was to supply and have delivered to the Project the aluminttm composite material which SGS Construction was to install in November, 2001. 5. In return, Kux Graphic agreed to make a lump sum payment to SGS Construction in Cumberland County in the amount of $4,000.00 for its services. 6. At the agreed upon time, SGS Construction arrived at the Project, however, Kux Graphic failed to have all of the required materials delivered in a timely fashion. 7. In addition to being late, the materials which Kux Graphic had delivered to the worksite were not fabricated properly. 8. SGS Construction and Kux Graphic agreed that SGS Construction would properly fabricate the material, and, in return, Kux Graphic would pay SGS Construction on an hourly basis at SGS Construction's hourly rates. True and correct copies of two letters from SGS Construction to Kux Graphic detailing the extra hours involved are attached hereto as Exhibit A. 9. The total contract price, including the original installation charge and the fee for fabricating the materials, was $22,790.00, which sum is a fair and reasonable value for SGS Constmction's work. 10. To date, Kux Graphic has paid to SGS Construction the sum of $10,000.00. 11. The principal amount remaining due and owing to SOS Construction is $12,790.00. 12. Despite demand therefor, Kux Graphic has failed and refused to pay this amount ($12,790.00) to SOS Construction. 13. SOS Construction completed its work on the Project in January, 2002. 14. SGS Construction has satisfied all conditions precedent and has otherwise performed all obligations on its part to be performed. 15. The amount demanded does not exceed the amount required for compulsory arbitration. 16. SGS Construction is entitled to the remedies provided for in the Contractor and Subcontractor Payment Act. 73 P.S. § 501 et seq. WHEREFORE, Plaintiff, SGS Construction, Inc., respectfully requests the Court to enter judgment in its favor and against the Defendant, Kux Graphic Systems, in the principal amount of $12,790.00, plus interest, costs, penalties and attorneys' fees as allowed by law. COUNT II - QUANTUM MERUIT 17. SGS Construction hereby incorporates paragraphs 1 through 16 of this Complaint as though set forth here at length. 3 18. The value of SGS Construction's services to Kux Graphics remaining due and unpaid is $12,790.00. 19. This amount represents a fair and reasonable value of the services performed and the materials supplied by SGS Construction. WHEREFORE, Plaintiff, SGS Construction, Inc., respectfully requests the Court to enter judgment in its favor and against the Defendant, Kux Graphic Systems, in the principal amount of $12,790.00, plus interest, costs, penalties and attorneys' fees as allowed by law. DATED: September 27, 2002 Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Respectfully submitted Thomas A~i Beckle~, Esq~d~'e''~ Thomas S. Beckley, Esquire Attorneys for Plaintiff SGS Construction, Inc. 4 I, Gar3, Ki~kl,aid, hereby verify that I am an adult individual; that I am authorized to make this statement on behalf of SGS Construction, Inc.; that I have read the foregoing document; and that the facts set forth in the foregoing document are true to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. I, Gary Kitkl,md, hereby verify that I am an adult individual; that I am authorized to make this statement on behalf of SGS Construction, Inc.; that I have read the foregoing document; and that the facts set forth in the foregoing document are tree to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. SGS Construction, Inc. BY"G~~~ EXHIBIT A SGS Construction, Inc. 901 Rupp Avenue, #9 Camp Hill, PA 17011 January 4, 2002 Mr. Brad Goins Kux Graphics Systems Re: Great Mills, MD Sheetz Project Dear Bred: ] have spent a lot of time thinking about how to lay out the time we spent on this project. There is not a good way to explain the amount of hours versus the work done, except to say that the changes, delays, field modifications, lack of dctail drawings showing how the ACM was suppose to be installed all added a lot of hours to the project. The following shows the weeks and hours we spend on this project. .Week ending 11/26-11/30 12/03-12/07 12/10-12/14 12/17-12/21 Manhours spent on the project 120 hom~ 120 hour~ 120 hours 80 hours As verification of that time period, we received the phone canopy on about Dec. 15*. Another way to gauge the hours, is by the extra time we spent on additions or modifications. Item added or modified Phone canopy Comer louver All louvers Rear pieces narrower Red crown ran into canopy Blue panels - short Red panels - above windows Pylon sign Manhours spent on add or modification 16 hours - ex'ifa 16 hoors - modifications 24 boors - modifications 80 hours - delay 24 hours - delay at start of the job 80 hours - delay 80 hours -delay 80 hoors- extra This should have been about a 1 week job. Instead, it took about 3-1/2 to 4 weeks. January 4, 2002 Mr. Brad Goins- Kux Page Two Using the original $4000, this job for labor is running about $16000.00. Plus I have $2800.00 in rental equipment We will be beck on the site on Monday to finish the ptmchlist items. Do you want us to install the cover on the second pylon sign ? Is the material on site ? Please call me to review this information. My number is (714) 920-6744. Sincerely, SGS Construction, Inc. Project Manager SGS Construction, Inc. 901 Rupp Avenue, Camp Hill, PA 17011 Januao' 15, 2002 Mr. Brad Goins Kux Graphics Systems Re: Great Mills, IvlD Sheatz Project Dear Brad: As I told you yesterday the work on the Sheetz project is complete. The final additional hours required to complete the project are as followings: Repair to lovers- so they meet at the comer 2~ pylon sign Total If you have any questions please call me (~ (714) 9204744. Sincerely, SGS Construction, Inc. Project Manager 16 hours 80 hours 96 hoors SGS CONSTRUCTION, INC. Plaintiff V. KUX GRAPHIC SYSTEMS Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4765 CIVIL TERM : CIVIL ACTION : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHT,~, You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in wdting with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SGS CONSTRUCTION, INC. Plaintiff V. KUX GRAPHIC SYSTEMS Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4765 CIVIL TERM : · CIVIL ACTION · JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MA TTE~ AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, KUX Graphic Systems, by and through its' attorney, Charles Rector, Esquire, and files the following Answer, New Matter and Counterclaim to Plaintiff's Complaint: 1. Admitted. 2. Admitted. By way of further answer, KUX Graphic Systems is corporation organized and existing under the laws of the State of Michigan with a business address of 12675 Burt Road, Detroit, Michigan, 48223. ,Count I- Breach of Contract 3. Admitted in part and denied in part. It is denied that dudng the Spring of 2001, KUX Graphic contacted SGS Construction about the possibility of SGS Construction performing some work on a Sheetz convenience store and proof thereof is demanded at trial and the same are deemed denied· It is admitted that discussions between the parties first occurred on or about June of 2001. It is denied that in November 2001, KUX Graphic and SGS Construction entered into an oral contract in which SGS Construction agreed to install aluminum composite material around a Sheetz convenience store located in Maryland and proof thereof is demanded at trial and the same are deemed denied, By way of further answer, contract discussions between the parties occurred on or about August 2001, at which time the parties agreed that Plaintiff would be paid the fiat fee of $4,000.00 to install both aluminum composite material and aluminum at a Sheetz convenience store located in Great Mills, Maryland. It is admitted that the parties met at a comparable Pennsylvania job site before agreeing on the $4,000.00 contract price and further admitted that the parties entered into this contract in the Commonwealth of Pennsylvania. 4. Admitted. 5. Admitted. 6. Denied. It is denied that SGS Construction arrived at the project at the agreed upon time and further denied that KUX Graphic failed to have all the required materials delivered in a timely fashion and proof thereof is demanded at trial and the same are deemed denied. By way of further answer, all required materials were delivered in a timely fashion. In addition, to the extent that certain materials required refabrication by KUX Graphic, said refabdcation was performed and said materials were overnighted to the job site. In addition, all of Plaintiff's requests for refabricated materials, due to variations between job site and the job specifications, were delivered to Plaintiff at all times requested. 7. Denied. It is denied that the materials which KUX Graphic delivered to the work site were late or were not fabricated properly and proof thereof is demanded at trial and the same are deemed denied. To the extent that any further answer is required, it is common practice in the construction industry for fabricated materials made to specifications to sometimes require refabrication as a result of variations existing at the job site which are inconsistent with the specifications. 8. Denied. Paragraph 8 constitutes a series of factual averments all of which are deemed denied and proof thereof is demanded at the time of tdal. To the extent that any further answer is required, it is specifically denied that SGS Construction and KUX Graphic at any time agreed that SGS Construction would fabricate material or that KUX Graphic would pay SGS Construction on an hourly basis at SGS Construction's hourly rates and proof thereof is demanded at trial and the same is deemed denied. By way of further answer, KUX Graphic agreed to pay a lump sum payment to SGS Construction in the amount of $4,000.00 for its services. 9. Denied. It is denied that the total contract price, including the original installation charge and the fee for fabricating the materials, was $22,790.00, and proof thereof is demanded at thai and the same is deemed denied. By way of further answer, said sum did not constitute the contract pdce nor does it represent a fair and reasonable value for SGS Construction's work and proof thereof is demanded at trial and the same is deemed denied. 10. Admitted. To the extent that any further answer is required, the $10,000.00 payment by KUX Graphic to SGS Construction constituted full and final payment to SG$ Construction for its services. 11. Denied. It is denied that any amount is due and owing to SGS Construction and proof thereof is demanded at trial and the same is deemed denied. 12. Admitted. 13. Admitted. To the extent that any further answer is required, SGS Construction should have completed its' work in approximately two (2) weeks following the commencement of work in November 2001. 14. Denied. Paragraph 14 constitutes a series of legal conclusions which require no answer and are deemed denied 15. Admitted. 16. Denied. Paragraph 16 constitutes a series of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, SGS Construction has been paid in full for the project. WHEREFORE, Defendant, KUX Graphic Systems, respectfully requests that the Court deny the relief requested by Plaintiff and to enter judgment in its' favor against Plaintiff, including interests, costs, penalties, and attorneys fees as allowed by law. Count II- (~uantum Meruit 17. No answer required. 18. Denied. It is denied that the value of SG$ Construction's services to KU× Graphics remaining due and unpaid is $12,790.00, and proof thereof is demanded at trial and the same is deemed denied. To the extent that any further answer is required, KUX Graphics has paid in full the claims of SGS Construction Services in the amount of $10,000.00. 19. Denied. Paragraph 19 constitutes a series of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, it denied that the amounts requested by SGS Construction represent a fair and reasonable value for services performed and the materials provided by SGS Construction and proof thereof is demanded at trial and the same is deemed denied. WHEREFORE, Defendant, KUX Graphic Systems, respectfully requests that the Court enter judgment in its' favor and against Plaintiff and to dismiss Plaintiff's Complaint with prejudice and to award Defendant, interest, costs, penalties, and attorney fees as allowed by law. 21. granted. 22. NEW MA TTER 20. Paragraphs 1 through 19 above are incorporated herein and made part hereof as if set forth in full. Plaintiff's Complaint fails to state a claim upon which relief may be Plaintiff's Complaint is barred by the Doctrine of Accord and Satisfaction. WHEREFORE, Defendant respectfully requests your Honorable Court to grant judgment in its' favor and against Plaintiff and to dismiss Plaintiff's Complaint with prejudice and to award Defendant, interest, costs, penalties, and attorney fees as allowed by law. COUNTERCLAIM 23. Paragraphs 1 through 22 above are incorporated herein and made part hereof as if set forth in full. 24. Plaintiff failed to complete the work contracted for in a workmanlike manner and on a timely basis. 25. As the result of Sheetz's dissatisfaction with the quality and timeliness of Plaintiff's work, Defendant suffered a loss of business and profits with the customer. WHEREFORE, Defendant, KUX Graphic Systems, respectfully requests that your Honorable Court enter judgment in its' favor and against Defendant in an amount in excess of $25,000.00, plus interest, costs, penalties and attorneys fees as allowed by ~-~- .......... RESPECTFULLY St~MiTTED:/ Cherries Rector,/Esq¢ire 1104 FernwoodlAve~ue, Ste. 203 Camp Hill, PA 1701'1-6912 (717) 761-8101 Attorney for Defendant Date: ~, j~ ~001/001 l verify ti~t the si :temsnis made herein era true and correct. I unclemian<l that raise s~tm'nan~s hera[~ ~ re msde sub, ct to me penalties of 15 Pa, C.$. Seciton 4904. relating to unswom falsit mt~O~ 10 au~orities. Date://~/...~__~,~" KUX Graphic Systems