Contractor sues owner of new Chili's over unpaid invoices

Yahoo

2 days ago

SCRANTON — A local construction firm is suing the owner of the recently opened Office-themed Chili's in Dickson City for over $100,000 in unpaid invoices.
But, in a formal response, Chili's owners say they did not request the additional work in question be done and they were billed at an inflated rate for that additional work.
Chili's Grill & Bar opened on April 7 at 3905 Commerce Blvd., shortly after completion of construction. The Texas-based casual dining chain's first Lackawanna County location drew a lot of interests from fans of 'The Office,' which repeatedly referenced the restaurant in its NBC mockumentary set in Scranton — even though there was never a Chili's in the real Scranton.
Brian Baumgartner, who played accountant Kevin Malone on 'The Office,' and Kate Flannery, who played Meredith Palmer, pose in front of the Chili's Scranton Branch chalk mural that will greet diners in Dickson City. (COURTESY OF CHILI'S)
Lawsuit filed
In a lawsuit filed on April 23 in Lackawanna County Court against Chili's owner MSP Properties of Pennsylvania, Don Scartelli Construction Services and General Contractors Inc. claims their firm did work beyond the initial proposal at the request of MSP Properties.
According to the lawsuit:
Scartelli Construction accepted numerous requests from MSP to do additional work through phone calls, texts and emails and it performed that work on weekends, during emergencies and in challenging winter weather conditions.
Scartelli submitted invoices for the additional work, by mutual agreement of both parties.
'The nature and kind of work that was finished by Scartelli Construction includes, but is not limited to, furnishing and installing silt socks, supply and installation of subbase, storm water pipe repairs, saw cutting . . and removal of old paving and subbase,' the suit states.
Owner Don Scartelli is requesting the court grant his company 'an amount in excess of $104,783, plus interest, attorneys' fees, costs and other relief as the court deems equitable and just.'
MSP Properties, however, tells a different story about the terms of the original proposal and of additional work performed.
MSP denies Scartelli made additional requests by phone, text or emails. It also denies Scartelli was granted 'carte blanche' when it came to additional labor and material costs.
In their legal response to Scartelli's lawsuit, MSP alleges Scartelli Construction completed work without MSP's approval or involvement and that Scartelli 'unilaterally performed and invoiced the defendant for services and at a grossly inflated rate.'
MSP also takes issue with Scartelli's assertion that work was performed on an emergency basis, on the weekend or in challenging winter weather conditions.
On the contrary, Scartelli wasn't authorized to perform work outside the scope of the original proposal unless both parties agreed to the work and its cost before invoices were issued, MSP alleged their official response.
MSP alleges Scartelli committed fraud by billing outside the scope of the original agreement at a 'grossly inflated rates.'
MSP claims it 'is justified in non payment of the fraudulent invoices.'