Timberland Construction (based in Western PA and serving PA, OH and WV), filed a lawsuit in Allegheny County court on Monday alleging it did a boatload of work for an Equitrans pipeline project and never got paid. To the tune of $1.1 million.
The lawsuit (copy below) states that Timberland was hired by US Crossings Unlimited, who in turn was hired by Equitrans, to clear trees and perform erosion control work along pipeline rights-of-way. The lawsuit claims US Crossings has paid only one out of 32 invoices submitted.
We’re sure this isn’t all of the story. We’d like to see what Equitrans, and US Crossings, has to say in response. In the meantime, here’s one side of the story:
A Pennsylvania contractor says it is owed nearly $1.1 million for work clearing trees and controlling erosion along an EQT Corp. pipeline project, according to a lawsuit filed in state court Monday.
In the complaint filed in the Allegheny County Court of Common Pleas, Canonsburg-based Timberland Construction Inc. said EQT contractor U.S. Crossings Unlimited LLC had hired it in late 2018 to do tree-clearing and erosion control work along EQT pipeline rights-of-way. But U.S. Crossings has only paid one of the 32 invoices Timberland submitted, the lawsuit said.
“Timberland performed the work covered by the agreement and on behalf of U.S. Crossings in a good and workmanlike manner and in accordance with professional standards within the Commonwealth of Pennsylvania,” the complaint says. “As a result of the breach by U.S. Crossings, Timberland has sustained damages in the amount of $1,085,854.34 plus interest at the rate of 1.5% provided in the agreement.”
The lawsuit makes claims of breach of contract and unjust enrichment against U.S. Crossings.
Timberland had submitted a scope of work proposal to U.S. Crossings, which the lawsuit said was under contract with EQT, in mid-September 2018 to clear and improve the areas around EQT’s TP 7575 and H 152 pipelines. U.S. Crossings responded with a scope of work later that month, which Timberland said combined with its proposal to form an enforceable, valid agreement between the companies for the job.
Timberland said it completed the work by January 2019, and had submitted invoices to U.S. Crossings since October that it included as exhibits to the complaint, but it remained unpaid for the majority of its work.
“During and following completion of its work, Timberland invoiced U.S. Crossings for the work performed. Indeed, approximately 32 invoices were submitted by Timberland to U.S. Crossings from Oct. 13, 2018 through Jan. 14, 2019,” the complaint says. “U.S. Crossings paid only one of the invoices. All other invoices remain due and outstanding.”
U.S. Crossings retaining the benefit of Timberland’s work without paying for it formed the basis for the company’s unjust enrichment claim, the complaint said.
Representatives of U.S. Crossings could not be reached Tuesday. Counsel for Timberland did not immediately respond to requests for comment.*
*Law360 (Apr 23, 2019) – Pa. Logger Claims Pipeline Contractor Owes $1.1M
Note: In the lawsuit, Timberland first names Equitrans as the company that hired US Crossings, but then abbreviates it to “EQT” throughout the rest of the lawsuit. As near as we can tell, it’s not EQT the driller, but Equitrans (which used to be part of EQT) the midstream/pipeline company. Just want to make that clear as you read the lawsuit.
Copy of the lawsuit filed in Allegheny County Court:
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