Tue, Feb 09 2010

Published: November 19, 2009 06:15 am    PrintThis  

Concrete contractor sues for unpaid work at Londonderry Coke plant

By Jarret Bencks
STAFF WRITER

BRENTWOOD — The company that poured the foundation for an addition at the Coca-Cola bottling plant in Londonderry is suing the beverage company and the contractor who hired them to do the work.

Interstate Concrete Construction Company of Loudon has filed a lawsuit in Rockingham Superior Court seeking $32,000 for work they did last year at the site that it claims has gone unpaid. Court records list T&D Jones Construction of Londonderry and Coca-Cola as defendants.

Interstate Concrete was hired by T&D Jones to pour the concrete foundation for the addition to the bottling plant for $48,202, but most of the bill has not been paid, according to court documents filed earlier this week.

The expansion added about 33,000 square feet of warehouse space and a 2,000-square-foot quality control room to the plant, located on Symmes Drive in Londonderry.

The work by Interstate Concrete was done between July and September of this year. The complaint says T&D Jones Construction paid the concrete company $16,000 in mid-September, and promised to pay the balance when paid by Coca-Cola for the project. As of earlier this week, Interstate Concrete still had not received another payment, court documents state.

Officials from Interstate Concrete say they tried to contact T&D Jones' owner last month, but they didn't receive any response, so they called Coca-Cola's business office in Bedford. Coca-Cola told them T&D Jones had not yet been paid for the job. The concrete company called Coca-Cola again later in the month, and were told T&D Jones had been paid for the job. Interstate Concrete was able to contact the owner of T&D Jones shortly after that, who told them he was leaving New Hampshire and didn't have the money to pay them, court documents state.

Interstate Concrete is seeking the $32,000 claiming T&D Jones Construction breached its contract, and both the construction company and Coca-Cola received unjust enrichment as a result of not paying for the work.

Calls to Coca-Cola, Interstate Concrete, and T&D Jones Construction were not returned last week.

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