A York construction company is suing the Kroger Co. over
claims of not being compensated for costs in the building of a retaining wall
as a part of the overall construction of a new cooler warehouse and separate
maintenance facility.
Kinsley Construction Inc. filed a lawsuit against The
Kroger Co. on Sept. 17 in the U.S. District Court for the Eastern District of
Pennsylvania citing breach of contract and violation of the Contractor and
Subcontractor Payment Act.
On or about Aug. 26, 2013, Kinsley entered into a
contract with the Kroger Co. to serve as a general contractor for the Turkey
Hill Dairy Expansion, the complaint states. The project included the
construction of a new cooler warehouse and an office along with a separate maintenance
facility, with a guaranteed maximum price for their services of $18,210,047,
according to the claim. The project is located on River Road in Conestoga.
In connection with the construction, it was determined
that a retaining wall needed to be completed. According to the lawsuit, Kinsley
incurred more expenses to complete this arm of the project because the soils on
the site were not suitable for use as backfill for the retaining wall, despite
the recommendation of the ARM Group, a well-known engineering firm, stating
otherwise. Kroger rejected Kinsley’s request for further compensation, which
totaled more than $1 million, the complaint states.
Kinsley is seeking damages, interest, and court costs. It
is represented by Lancaster-based attorney Timothy J. Woolford of Woolford Law.
Source: Penn
Record
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