Construction company sues The Greenbrier for non-payment of flood repairs

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The Greenbrier is being sued for non-payment of flood damage repairs that were made to the property after the June 23, 2016, floods that severely damaged the resort and surrounding White Sulphur Springs.

On Feb. 24, Belfor USA Group Inc., a storm and disaster remediation company with headquarters based in Birmingham, MI, filed the suit against Greenbrier Hotel Corporation; James C. Justice Companies Inc.; Justice Family Group LLC; Premier Bank Inc.; Sarah C. Ellis and James H. Adkins, trustees; JP Morgan Chase Bank; Fayette County National Bank; Paul O. Clay Jr. and Denise A. Light, trustees; Pendleton Community Bank; and William Goodwin, trustee in Greenbrier County Circuit Court.

The Greenbrier resort is owned by West Virginia Gov. Jim Justice. On Sept. 1, 2016, the then gubernatorial candidate named his daughter, Jill Justice, as president of the hotel. Gov. Justice was elected governor on Nov. 8, 2016, and took office in January of this year.

In the civil complaint, Belfor claims it was hired to repair and restore the flood damaged Center Court at Creekside tennis stadium, Paradise Row Cottages, the Sam Snead Golf Academy, and the Tennis Club & Fitness Center.

The work was completed on July 2, 2016, according to the suit.

Center Court at Creekside reopened in September with much fanfare with exhibition matches between Venus Williams, Shelby Rogers, John McEnroe and The Greenbrier’s Professional Emeritus Pete Sampras.

The plaintiff claims it tendered an invoice on Aug. 2, 2016, to the defendants for the restoration services in the amount of $303,022.40 and the defendants have not remitted payment for the services.

In an answer to the suit, the Justice companies claim that the invoice amount was $250,000, and that Balfor refused to accept the payment and “instead instituted a suit.”

Court documents filed by both parties in the Greenbrier County Circuit Court office show two different invoices: one for $303,022.40 and one for $250,000.

Belfor is seeking compensatory damages with pre- and post-judgment interest. The company is being represented by Jennifer K. Mason of Clark Hill PLC.